TOWN OF SARATOGA
PLANNING BOARD
DRAFT MINUTES*
May 22, 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 – absent, George Olsen - absent,
Christopher Koval - present.
Due to the absence of a quorum, meeting minutes will
be voted on at next month's meeting.
Also attending: Laura Harrison, Marci Dwyer, Sandra &
David Reulet, Gary Squires, Terri Korb, John Cashin, Hub & Kate Miller. (Sign-in sheet is on file in the Clerk's
office)
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 members only paddle storage and day use facility for kayaks, stand-up paddle boards and canoes.
Applicant Marci Dwyer appeared before the Board, and asked if she could read a statement she prepared. The Board agreed. She read the following, and I quote: "To start I would like to thank the Board for their dedication to the betterment of our community. By allowing the special use permit I am seeking tonight, shows great depth and understanding of what exactly the word betterment means. "The act or process of improving something." I strongly feel that my proposal for a Members Only Paddle Club falls directly within the Town's Land use Plan for building a positive recreational base for the community to enjoy. To quickly recap my business proposal, I am looking to open a Member Only paddle board, kayak, canoe and non-motorized vessel recreational club. This club will provide its members the option to launch and/or store their vessels at the club. In the last five months we've had several meetings and discussions on various aspects pertaining to my business proposal. There were two opportunities for the public to voice their concerns and we hosted the Board and the public to the proposed site for a more detailed review and answered additional questions. This thoroughness of review by the Board is appreciated, given the concerns raised by a few. While some comments have been outlandish, others have concerns of which I have taken into consideration. In doing so, I would like to offer the following concessions to show good will and willingness to compromise in order to help alleviate some of the apprehension. I have made the following adjustments to my initial proposal for the upcoming season of 2019:
1. I propose to decrease my business concept by 50% for the 1st year; meaning I would be willing to reduce the number of vessels to 60. I would request that if there are no legitimate and verifiable complaints or issues, that the Board releases the approval for the final 60 vessels in November 2019.
2. Parking spots will be adjusted to whatever the Board feels appropriate, the parking area will remain the same as in the initial proposal, on grass in the same area as stated in the drawing with painted lines/markers.
3. I will pave a skirt at the end of Fire Lane 8, going onto Rt. 29 so that ingress/egress is suitable for all who enjoy the lane.
4. Trees will be planted along the existing fence line to provide for visual and sound mitigation.
5. I will not put any signage on Rt. 29. There will be a sign of minimal nature on the existing structure facing my private drive. I will put up a No Outlet/Private Residence sign on the bend of the fire lane so that there is no confusion to members or others as to where the club is located. There will also be an arrow with the Club's name pointing them to the right direction.
6. There will be no lights on the west side of the building whatsoever. This will mitigate any irritation to the adjoining landowner.
7. There will be one (1) port-a-john, same as initial proposal, which will be serviced weekly, to deter any negative aspects that would be foreseen.
8. There will be a trash receptacle placed on the property and maintained daily.
9. The road will be watered during dry spells to reduce dust emanating from the site.
I have enclosed correspondence from Beth Magee, from the DEC, whom I had contact with in regards to permit requirements; in which she stated none were needed as I am following all guidelines. Also, included is my correspondence with ECON Officer Steve Shaw, from Region 5 DEC, whom has visited the site on a couple of occasions. He stated that he has witnessed absolutely no violations against the project and welcomes any questions or concerns. I have enclosed his contact information along with Beth's.
In closing, I would like to take a moment to highlight a section from the Town of Saratoga's Comprehensive Land Use Plan, as posted on the Town's website. This plan solicited public participation through several different venues, to include questionnaires and two public meetings seeking input on goals and objectives for the Plan. Over 40% of the respondents lived in Saratoga for more than 30 years, and the Plan stated that the overall response rate was good to excellent. Residents were asked to rate how certain types of land uses should be allowed to grow in the community. Under No Growth scenario, mobile homes and shopping malls were overwhelmingly shot down. Approximately one-third of the respondents do not favor industrial uses and nearly one-half do not favor multiple-family housing. No land use was singled out for rapid growth but the need to maintain and expand both agricultural uses and recreational facilities was clearly favored. I ask the Board to consider the many voices of the 30-plus year residents, true stake-holders in this community, over the misinformed few. This coupled with my concessions in the spirit of cooperation and compromise, I respectfully ask the Board to vote tonight and approve my special use permit."
She then added that Officer Steve Shaw, DEC Region 5, was on site on 1/28/19 and 5/3/19 and stated he has witnessed absolutely no violation against the project and welcomes any questions. He reiterated the above per phone conversation with her on 5/21/19. His contact #518-860-8675. She also spoke with Beth Magee, CPESC Deputy Regional Permit Administrator concerning this project and the installation of the dock and was told she does not need a permit to install the dock on her property. She too welcomes any further questions. She can be reached at #518-623-1283, or beth.magee@dec.ny.gov.
Chairman Ian Murray asked if there were any Board questions.
Robert McConnell stated he was concerned with the size of it and thinks it would be too many in the Creek. He also said the concept is good, but you'll have boats coming up there and is worried it will be too congested in the water. He appreciates the Applicant has cut her proposal in half, but would like to see it cut further.
Christopher Koval stated he believes the 50% cut is fine. He was against it when it was 120 but is okay with the reduction and this will also give the Town time to see how it will work. He is for approving this at 60.
Applicant Marci Dwyer stated this is Members only and the members will receive 1 pass annually to bring one friend. They will have surveillance cameras in place as well. She added phase II is totally off; there really was never a phase II, it was just a suggestion from someone that she put everything on the table for the Board, to show possibility, but there will be no phase II.
Chairman Ian Murray stated that the Board missed something early on in the process and he took full responsibility for it, just so we get in the Times Union tomorrow, and apologized. He stated the side yard setback in the Conservancy District for private and public recreation is 75', and the covered structure the Applicant will be using is at 35', so the Planning Board must send the Applicant to the ZBA for a setback variance. Then, depending on how they rule, the Applicant will come back to the Planning Board.
Chairman Ian Murray then added that the Multi Use Law has been passed, filed with the State and now just awaiting word from the Attorney General's office. The Town Attorney recommended the Board take no action tonight until we hear back, so the Board will heed his words. As the Board has no quorum they can't do anything tonight, they can't complete SEQR and can take no action; Chairman Ian Murray apologized for that. He then added they are sending the Applicant to the ZBA with a recommendation for approval, but it is the ZBA's determination to make, and if approved the Board will see the Applicant next month.
The Applicant thanked the Board.
Returning
Old Business: None
New Business: None
Meeting Adjourned
The next regular meeting will be held Wednesday, June 26, 2019 at
Respectfully submitted,
Linda A. McCabe
Planning Clerk
*Please Note: Minutes are not verbatim unless so specified.