TOWN OF SARATOGA

PLANNING BOARD DRAFT MINUTES*

March 24, 2021

Chairman Ian Murray called the meeting to order at 7:39 p.m.

Planning Clerk Linda McCabe called the roll: Chairman Ian Murray – present, Laurie

Griffen – present, Patrick Hanehan – absent, Robert McConnell – absent,

Joseph Lewandowski – present, George Olsen - present, Christopher Koval - present, Alternate Walter Borisenok - absent.

Also attending: David Gadomski, Melissa Murdock, Amy O’Neil, Terri Korb. (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 February 24, 2020 as written. Chairman Ian Murray – aye, Laurie Griffen – aye, Patrick Hanehan – absent, Robert McConnell – absent, Joseph Lewandowski – aye, George Olsen - aye, Christopher Koval - aye, Alternate Walter Borisenok - absent.

Carried 5 - 0

Approved

Pre-Submission Special Use Permit Conference

DSG Construction Inc. #21-03

P.O. Box 2009

Wilton, NY 12831

S/B/L 193.-6.1-55 Lake Commercial

Location: 1412 Rt. 9P

Applicant seeks a special use permit to construct an additional building and parking area on the property located at 1412 Rt. 9P, in order to open a deli and pizzeria.

Applicant Dave Gadomski appeared before the Board and reviewed his proposal for constructing an additional 26’ x 36’ building, for a deli & pizzeria. He would like to put two wood fire pizza ovens in the courtyard and have people purchase pizza and sandwiches outside and will provide outside seating. He’d like to have a walk-up window on the side of the proposed building as well. The deli will be open all year, but the courtyard eating will be seasonal. The existing building will house real estate offices and a bathroom.

He then stated there’s a low depression at the back of the property where the shed is, about 20’ x 50’ along Rt. 9P. He’s watched it for a year and there’s been no significant concerns of wetlands.

Christopher Koval stated this has been the driest 12 months he can remember, so one can’t go by that.

The Applicant agreed and added he submitted maps showing the delineation and he’s started the process with NYSDEC.

Chairman Ian Murray questioned if he wanted to start with DEC now, as he has underlying concerns with the wetlands.

He told the Applicant to contact DEC and have them delineate and then have Army Corp do the same. He showed the Applicant on the map where the two areas overlap and explained the wetland setback requirements of NYSDEC and Army Corp.

The Applicant responded that DEC previously delineated it and that it’s good for 5 years.

Chairman Ian Murray stated the Applicant will need to provide the Board with the signoff from NYSDEC, as they can’t go forward without it. He then questioned if the Applicant can push back the proposed 26’ x 36’ structure more to the north, as the access is bottlenecked and he has concerns of fire protection and EMS vehicles getting in there if necessary, as well as delivery trucks. He added that the Board needs to see better engineered drawings and a NYSDOH certification for the restaurant.

The Applicant agreed. He added the land’s been poorly managed but he wants to correct that.

Discussion continued concerning port-a-johns that the Applicant desired and the Board suggested restrooms with access from the outside for the proposed building. They also discussed lighting, signage restrictions and parking. Chairman Ian Murray and Engineer Ken Martin suggested the Applicant keep Army Corp and NYSDEC involved and told him he’ll need to submit an engineered plan and preliminary drawings with his formal application.

The Applicant thanked the Board.

Returning

Special Use Permit Conference

Melissa Murdock & Amy O'Neil #19-09

30 Division St.

Saratoga Springs, NY 12866

S/B/L 180.18-1-15.2 Lake Commercial

Location: 1453 Rt. 9P

Returning Applicants seek to renovate the interior of the existing structure and open a law office at 1453 Rt. 9P. They also seek to repair and pave the existing parking lot.

Applicants Melissa Murdock and Amy O’Neil appeared before the Board.

Chairman Ian Murray noted the Board received copies of the new drainage plan and noted the drainage plan changed from their original proposal and it now works better. He stated he has concerns with the property discharging into the lake and told the Applicants the Board will need to receive a NYSDEC sign off on that. He suggested they take notes so they don’t forget anything he is telling them this time, as they will need to complete and supply these requirements to the Board in order to move forward.

Chairman Ian Murray informed the Applicants they need to provide the Board with their parking plan, as well as the NYSDOT sign off for the parking and ingress/egress.

Chairman Ian Murray told the Applicants they cannot pave the area until the Board has received the NYSDEC sign off.

He then explained there are Town sign and lighting requirements/regulations they need to comply with and the Applicants responded they’ll be using the original lighting – no parking lot lights and no new lights on the outside of the building, as no one will be working there at night.

Chairman Ian Murray reiterated the Board needs the NYSDEC sign off before approval can be given. He added once the Board receives everything, a public hearing will be scheduled.

The Applicants responded they already had a public hearing as they remember writing all the neighbor notification letters. *The public hearing she referred to was for the Zoning Board of Appeals, held on 11/25/2019, not the Planning Board.

Chairman Ian Murray then told the Applicants to clean up the site; that site is a gateway to our community and the Board has received many complaints of all the debris in front of it – clean it up.

Returning

Information

Michael Bouchard and realtor Anthony Vaccarielli appeared before the Board seeking information and guidance to open a car dealership, to be located at 873 Rt. 29. Anthony Vaccarielli added he’d like to construct an office and service garage there as well.

Chairman Ian Murray explained the property was the old Millie Allen’s property and is

a .65+/- acre lot. He has serious concerns with this as it does not meet Town regulations and well and septic distances would need to be met.

Mr. Bouchard said they meet those distances and the Board can allow them to do this.

Chairman Ian Murray reiterated the property doesn’t meet zoning regulations and the Board cannot allow this.

Mr. Bouchard replied they can get a variance from the ZBA; they’ll hire an engineer and make it work.

Chairman Ian Murray stated they need a 125% variance.

Mr. Bouchard responded it’s grandfathered in so it’ll work. Mr. Bouchard and Mr. Vaccareilli began arguing and pushing their agenda to the Board.

Chairman Ian Murray explained it is not grandfathered in but if they want to continue to argue and they want to pay the money then they can go ahead, it’s their choice. He is saying it does not work.

They continued to argue and Chairman Ian Murray asked if anyone on the Board had anything to add. Christopher Koval stated that is a dangerous area of Rt. 29 for something like this and they don’t meet regulations with the non-conforming lot.

Building Inspector/Zoning Officer Gil Albert added they need a minimum of 2 acres for that and they’re asking too high of a variance. It’s highly unlikely the variance would be granted.

Chairman Ian Murray thanked them for coming in.

Old Business: None

New Business: None

A motion was made by Christopher Koval, seconded by Laurie Griffen, to adjourn the meeting at 8:37 p.m. Chairman Ian Murray – aye, Laurie Griffen – aye, Patrick Hanehan – absent, Robert McConnell – absent, Joseph Lewandowski – aye, George Olsen - aye, Christopher Koval - aye, Alternate Walter Borisenok - absent.

Carried 5 - 0

Meeting Adjourned

The next regular meeting will be held Wednesday, April 28, 2021 at 7:30 p.m.

All submittals must be to the Clerk no later than 8:45 a.m., April 14, 2021 to be on the April agenda.

Respectfully submitted,

Linda A. McCabe

Planning Clerk