TOWN OF SARATOGA
PLANNING BOARD
DRAFT MINUTES*
June 26, 2019
Chairman
Ian Murray called the meeting to order at 7:38 p.m.
Planning Clerk Linda McCabe called the roll: Chairman
Ian Murray – present, Laurie
Griffen – absent, Patrick Hanehan – absent, Robert
McConnell – present,
Joseph Lewandowski – present, George Olsen - present,
Christopher Koval - present.
Also attending: Gil Albert, Sandra Reulet, Jim Vianna, Marci
Dwyer, Tom Carringi, AJ Schneller, Larry Macica, Mariana Jensen, Terri Korb,
Garry Robinson. (Sign-in sheet is on
file in the Clerk's office)
A motion was made by Christopher Koval,
seconded by George Olsen, to accept the meeting minutes of March 27, 2019 as
written. Chairman Ian Murray – aye,
Laurie Griffen – absent, Patrick Hanehan – absent, Robert McConnell – aye,
Joseph Lewandowski – aye, George Olsen - aye, Christopher Koval - aye.
Carried 5 - 0
Approved
A
motion was made by Joseph Lewandowski, seconded by Robert McConnell, to accept
the meeting minutes of May 22, 2019 as written. Chairman
Ian Murray – aye, Laurie Griffen – absent, Patrick Hanehan – absent, Robert
McConnell – aye, Joseph Lewandowski – aye, George Olsen - aye, Christopher
Koval - aye.
Carried 5 - 0
Approved
Special Use Permit
Marci Dwyer #18-09
800 Rt. 29
Saratoga Springs,
NY 12866
S/B/L 168.-3-73
Conservancy District
Returning applicant seeks a Special Use Permit to open a private recreation, members only, paddle storage and day use facility for kayaks, stand-up paddle boards and canoes.
Applicant Marci Dwyer appeared before the Board and reviewed her application.
Chairman Ian Murray stated the Applicant was before the Zoning Board of Appeals on June 24, 2019 for a side setback variance which was granted by the Zoning Board of Appeals . He then asked if there were any Board questions.
Joseph Lewandowski questioned the location of the port-a-john.
Applicant Marci Dwyer responded it will be located in the northeast corner by her driveway.
Chairman Ian Murray stated if this is approved, it will be a one year renewable permit, limited to 60 members only for use and storage of members equipment, hours of operation will be from
dawn to dusk, no motorized vessels of any kind, blacktop apron at Rt. 29 to be 24' x 40' and as this in NYS DOT right-of-way, the Applicant will need to obtain a permit from NYS DOT. There are to be no lights or cameras on the west side of the structure, three deciduous trees are to be planted on the west property line, trash receptacle (not a dumpster) to be on site.
George Olsen questioned if the Applicant can post it as Carry In - Carry Out. Applicant Marci Dwyer responded she will do that, but she will have a trash receptacle and recycle bin available as well.
Chairman Ian Murray added there will be a port-a- john on site, maintain dust control, directional sign to the business, as well as a sign identifying Private Residences for the remainder of the lane.
Joseph Lewandowski questioned a need for a changing facility and Applicant Marci Dwyer responded it is in the plan. One part of the structure will be walled off for a changing area.
Chairman Ian Murray stated he had a memorandum from Ken Martin, Town Engineer, and read the following: Review on the law of 2015 and 2019:
1. The 2015 Local Law #1 defined the Mixed Use as "More than one use of a structure, site, or parcel that may include a mixture of residential, commercial, or public uses as permitted in the respective zoning district." This definition was included in the present Town of Saratoga Chapter 400, Zoning Code book printed in March 2017.
2. The 2019 Local Law #1 clarifies that the Mixed Use is to be allowable in the Rural, Rural Residential, Hamlet, Conservancy and Lake Commercial Districts.
3. The Mixed Use is allowed as a use requiring a Special Use Permit in the above listed districts.
4. The Dwyer Application fits into the Public/Private Recreation Use requiring a Special Use Permit in the Conservancy District.
5. The minimum lot area, lot width, frontage, yard dimensions and building coverage shall be the minimum dimensions specified for the permitted use having the higher requirements. The most restrictive requirements are minimum area of 5 acres, minimum lot width of 400', minimum frontage of 200', front setback of 75', total two-side setback of 200', one side setback of 75' rear setback of 75' and minimum lot coverage of 10%. (The Applicant, at the existing structure, has minimum area of 11.55 acres, minimum lot width of 650', minimum frontage of 200', front setback of 490', total two-side setback of 490', one side setback of 95', rear setback of 450' and minimum lot coverage of less than 1.5%.)
6.. The front setback to the paddle boat structure, if taken to Rt. 29, is 200'. The side and rear setback at the paddle boat structure is 35' and 55' respectively not meeting the 75' requirement. (The applicant received a side setback variance from the Zoning Board of Appeals)
Chairman Ian Murray stated although short form SEQRA is fine for this project, the Board will be going through long form SEQRA. He then read Town Engineer Ken Martin's comments on the Sterling Letter:
1. Plans are not stamped by a Professional Engineer - There is no structure proposed for Phase I and there is no site modifications proposed, NYS DEC is requiring no permit for the proposed dock which will be anchored at the shore. There is no modifications requiring a Stamp.
2. Erosion Control Plan - There is no ground disturbance proposed, will the gravel walk be placed on top of the existing grade, this should be confirmed by the applicant and a note placed on the final plan.
3. Topography - There is no change proposed for this application.
4. Wetlands - there are no wetlands located in the proposed site work, if there were (shoreline), the disturbance would be much less than 1/10th of an acre and would not trigger ACOE concern.
5. NYSA DEC Mapper - indicates the Karner Butterfly and the Frosted Elfin are dependent on pine barrens environment, this application is located in a lawn area, this is a rural occupied area and is mowed regularly and is using an existing structure, there are no Pine Barrens in the proposed area. There is no grading proposed in this application, therefore, archeological disturbance is not an issue.
6. The Mixed Use has been in the zoning since it was passed in 2015 and has been amended for clarification in 2019 which is consistent with the current zoning in the Conservancy District.
7. Access - the Fire Lane is owned by the Dwyer's, who maintain it for the use of the adjacent landowners. This is a legal, question, not an engineering comment.
8. Tree removal - I have no knowledge of this issue.
9. Parking - Parking is not being provided for the 55 cars, but 40 cars (Phase I) and the comments state only maximum usage at any given time, not the likely use at any given time for this type of recreational use.
10. Noise - I have no comment, talking and parking cars does not appear to be overly noisy.
11. Port-a-johns - Flood elevations are close, elevations should be determined and locate port-a-johns above the FEMA flood elevations per Chapter 240, Town of Saratoga Code.
12. Stormwater - Phase II is not included in this application (has been stated not to be even considered now or in the future), there is no disturbance proposed.
13. Invasive species - Meet NYS DEC requirements Regulation 576.
Chairman Ian Murray went through long form SEQRA, line by line, with the Board.
A motion was made by Chairman Ian
Murray, seconded by Joseph Lewandowski, to accept the documents as presented,
to declare SEQRA review complete and to make a Negative Declaration. Chairman
Ian Murray – aye, Laurie Griffen – absent, Patrick Hanehan – absent, Robert
McConnell – aye, Joseph Lewandowski – aye, George Olsen - aye, Christopher
Koval - aye.
Carried 5 - 0
Approved
A motion was made
by Chairman Ian Murray, seconded by George Olsen, to approve the application
with the following conditions:
1. November reviewable and renewable permit (Board originally set this for 1 year renewable, but Applicant requested to have this renewed in November, as one year would be in the middle of the next season. The Board spoke with Zoning Code Enforcement Officer/Building Inspector Gil Albert and all agreed to having this permit reviewable and renewable in November.)
2. Members Only Club - Approved for 60 (sixty)
only & equipment
3. Hours of Operation - Dawn to Dusk
4. No motorized vessels
5. Blacktop Apron at Rt. 29, 24' x 40'
6. No lights or cameras on the west side of fence
on property line
7. Three deciduous trees planted on west side along
fence line
8. Maintain port-a-john
9. Maintain dust control on Fire Lane 8 to
access establishment
10. Directional Sign on Fire Lane 8 identifying
site
11. No signage on Rt. 29
12. Sign on Fire Lane 8 identifying Private
Residences for balance of Lane
Chairman
Ian Murray – aye, Laurie Griffen – absent, Patrick Hanehan – absent, Robert
McConnell – aye, Joseph Lewandowski – aye, George Olsen - aye, Christopher
Koval - aye.
Carried 5 - 0
Approved
The Applicant thanked the
Board.
Sketch Plan for Minor Subdivision
Marty
Hellwig/Jillmar, LLC #19-02 Representative: James Vianna, PLS
274 Rt. 32 170 Lohnes Rd.
Schuylerville, NY
12871 Stillwater, NY 12170
S/B/L 182.-1-86.11
& 88 Rural District
Applicant seeks to subdivide a portion of land from two existing lots to create a new building lot.
Jim Vianna, PLS, appeared before the Board on behalf of the Applicant. He stated the Applicant seeks to subdivide a portion of land from two existing parcels in order to create a new parcel. The property is located on the big sweeping turn on Rt. 32; some people like to reference it as the old Blanche Cardin estate, at the intersection of Co. Rd. 68. In 2009 they did a two lot subdivision, which split the 28 acres more or less in half. 2013 they split off all the lands on the west side of Rt. 32. They now would like to create a fourth lot of two acres, basically around the old Cardin house. Most of the acreage will come out of Lot 1 and a little bit from Lot 2. The plan is to remove the old house; the fire department will schedule to do a burn of it and he'll build the new house there. He went through the history of the old Tumble-In Rd. and the official abandonment of that portion of the road from the state to the Town and from the Town to the homeowners. He said technically there is an existing entrance located midpoint on the curve, but stated it is barricaded off as it's not safe. He put an easement area to the gravel drive, the main ingress/egress to benefit Lot 4, even though it is all owned by the Applicant. He then stated there is existing well and septic, he finished the survey of the entire 28 acres and all the lots are compliant, with the bulk of frontage on Rt. 32 and the remaining frontage on Casey Rd.
Chairman Ian Murray stated the old house is coming down and they're building a new one, so there will be new sanitary proposed via building permit, even though there is existing.
Jim Vianna stated yes, all under building permit process.
Chris Koval stated the shared driveway is a bit hokey, especially if in future they sell it.
Chairman Ian Murray stated it is allowable.
Jim Vianna stated it is all under one ownership, but he did it that way for safety reasons.
Chairman Ian Murray suggested swinging it south a bit and splitting the difference on it and have the line come out and go down the middle or close to it, then it solves that issue. It's a pretty wide driveway. It would certainly work, the driveway's the same and they'd each own part of it.
Jim Vianna responded he can do that.
Town Engineer Ken Martin stated he also needs to put the Agriculture Note on Lot 1 and in future, if they want to put a house on it, they will have to appear before the Board.
Jim Vianna responded he will do that.
Chairman Ian Murray asked if there were any further Board questions or comments; there were none.
He then stated we will publish for a public hearing for next month.
Jim Vianna thanked the Board and will return next month.
Returning
Information: Garry Robinson appeared before the Board stating he was before them last year on behalf of Tom Carringi, Point Breeze Marina. He said Tom Carringi did the best he could cleaning up the Marina, as directed by the Board last year, and he wants to build another building, two more buildings, this fall. He put gates up between the buildings, he has some boats stored out back, he screened everything and leveled it out. He needs to use the front for something - to store things.
After a lengthy discussion with the Board, the Board expressed numerous times that he is not compliant with the original permit and is seeking yet more buildings. George Olsen stated the permit he has states there are to be no other buildings erected on site; it's part of the original permit. Chairman Ian Murray stated the original permit would have to be amended; he asked Tom Carringi if he has the original site plan and Tom Carringi responded no.
Chairman Ian Murray stated the Board will need to see their time line, need time to review it and come up with questions. Town Engineer Ken Martin added he'll have to look into storm water and lot coverage as well. Chairman Ian Murray said the Board members will go by the site and added the Board will digest what has been spoken of this evening, the Applicant needs to get the Board a timeline and they'll look for an update next month.
Old Business: None
New Business: None
A motion was made by George Olsen,
seconded by Robert McConnell, to adjourn the meeting at 8:40 p.m. Chairman
Ian Murray – aye, Laurie Griffen – absent, Patrick Hanehan – absent, Robert
McConnell – aye, Joseph Lewandowski – aye, George Olsen - aye, Christopher
Koval - aye.
Carried
5 - 0
Meeting Adjourned
The next regular meeting will be held Wednesday, July 24, 2019 at
Respectfully submitted,
Linda A. McCabe
Planning Clerk
*Please Note: Minutes are not verbatim unless so specified.