TOWN OF
PLANNING BOARD
DRAFT MINUTES
May 23, 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 – present,
George Olsen - present,
Alternate Christopher Koval
- present.
Also attending: Zoning
Officer Gil Albert, Karen Kolanowski, Donna Flynn,
Alicia & Louis Farone, Frank Owens, Garry
Robinson, Amanda Rogers, Dan Galvin, Tim Place, Stephanie Ferradino,
Kevin Dott, Terri Korb,
Colin Stallard, John Cashin,
Tom Yannios and Larry Paltrowitz.
(Sign-in sheet is on file in the Clerk's office)
Approved
Public Hearing - Special Use Permit
Frank Owens #18-04 Representative: Garry Robinson
62 Louden Rd.
Saratoga Springs,
NY 12866
S/B/L 157.-1-29
Rural Residential
Location: NYS Rt. 29, west of Saratoga Apple
Returning Applicant seeks a special use permit to open a restaurant concession business at 1167 Rt. 29. The 1.12 acre parcel has 413 feet of frontage.
Chairman Ian Murray stated the public hearing has been suspended for the evening as representative Garry Robinson failed to send neighbor notifications out. The Board will review the special use permit application this evening.
Garry Robinson appeared on behalf of the Applicant. He reviewed the proposed concession/restaurant project with the Board and possibly some changes they may make.
Chairman Ian Murray stated when they first came before the Board with this proposal, he told the Applicant he believes there are wetlands on the east end, parallel with the sanitary system. He would like that investigated, signed off or delineated, as there is a potential impact to the sanitary system there.
Garry Robinson responded that fill was put in when it was Prospector's Restaurant; when it rains it is very wet as it's clay soil, but when it dries out it is dry. He's only taking maybe 30' x 50' and Army Corp says if less than a tenth of an acre they don't need a permit. He looked on maps but didn't see anything designated as Army Corp wetlands.
Ken Martin, Engineer for the Town, stated a lot of the wetlands don't show up on the maps, but this needs to be investigated.
Chairman Ian Murray added the Applicant's only going up 18" from the flat grades throughout the site. If you're going to capture that water coming down the road swale and it turns around and heads off to the north, there's a good point of saturation there or if anything ever got dammed up, there's a great potential of system failure.
Garry Robinson responded it drains into the Rt. 29 drainage system. He said if there's concern, they can put in a pipe across there.
Chairman Ian Murray reiterated it needs to be investigated.
Ken Martin, Engineer for the Town, told him the investigation needs to be done and he also needs to know where the property line is. It needs to be staked out in the field, especially the area they are calling for the proposed expansion, as well as staking out the building location.
Garry Robinson stated NYS DOH is meeting him there on May 31st.
Chairman Ian Murray questioned if he is basing everything on the ingress/egress of the site.
Garry Robinson responded no, on the existing well.
Chairman Ian Murray questioned why he can't build around the well; he's allowed to do that, then they could move it more to the left. He also added that NYS DOT needs to be involved for the 116' ingress/egress, as that may be problematic.
Garry Robinson replied they want to keep that area wide.
Chairman Ian Murray responded as this is bigger than before, NYS DOT needs to be involved early in case they want to make that ingress/egress smaller, then the design may have to change.
Garry Robinson stated he will call NYS DOT.
Chairman Ian Murray stated although it is less than an acre of disturbance, he has concerns with the grades they have proposed on the lot. It is concerning with all that stormwater dumping in the parking lot and into the apron and onto the road; NYS DOT must weigh in on that. On the site plan, they show running 102 from outside the building, to 101 and everything pitches right to the road and on top of that, catching the structure runoff as well.
Chairman Ian Murray then questioned if they will meet with NYS DOH on the 31st of this month and was told yes. NYS DOH needs to be involved for the well and food services and concession trailers. He then questioned if the concession trailers must be permitted by the state.
Garry Robinson replied yes, with either a concession or restaurant permit, there are requirements that have to be met.
Chairman Ian Murray questioned the seasons of operation.
Garry Robinson replied roughly Spring through Fall.
Laurie Griffen questioned the hours of operation and lighting.
Garry Robinson responded they don't want to limit anything. They'd like to do breakfast sandwiches, lunch and dinner.
Laurie Griffen again questioned the hours of operation; there was no answer.
Joseph Lewandowski questioned ventilation with the concession trailers.
Garry Robinson stated the side walls will only be 14' tall so they can vent out through the sides.
Joseph Lewandowski responded even with the sides at 14' and open, you'll still have all that smoke coming out.
Garry Robinson stated they will have a ridge vent on one end and the other end will be open with trusses.
Ken Martin, Engineer for the Town, said the Board needs to look at the lighting as it cannot spill over onto Rt. 29.
Garry Robinson stated they'll use the lights that Saratoga Springs has all over the city. They are readily available, nice looking and that's what he's chosen. He's used them a lot and they don't throw a lot of light. They'll also have other lighting for the parking lot and around the building.
Zoning Inspector Gil Albert stated there have been issues with lighting on Rt. 29 so the lighting does need to be looked at.
Ken Martin, Engineer for the Town, questioned if a grease trap will be required and what is the process for cleaning the concessions and utensils.
Garry Robinson responded there's not enough grease to warrant a grease trap, so it will go into a container and into the trash. It's in the proper training of people/employees, which means less goes into the tank.
Ken Martin, Engineer for the Town, questioned if the concession trailers are connected into the systems with the bathrooms.
Garry Robinson responded no. The Applicant replied yes, the sinks are connected to the septic systems.
Chairman Ian Murray stated the equipment and utensils have to be cleaned and waste is associated with that, so you need the water.
Chairman Ian Murray asked if there were any further questions of the Board or Applicant; there were none.
Chairman Ian Murray made a motion, seconded by Laurie Griffen to declare Lead Agency for SEQR review, in order to send the letters out to NYS DOH and NYS DOT for their review. Chairman Ian Murray – aye, Laurie Griffen – aye, Patrick Hanehan – aye, Joseph Lewandowski – aye, Robert McConnell – aye, Brandon Myers – aye George Olsen - aye.
Approved
Chairman Ian Murray stated the Board has requested further information. If able to submit all information by June 13th, we can publish for a public hearing. The Applicant will need to be sure to have the neighbor notifications mailed certified, return receipt and bring in receipts to the meeting for the file.
Returning
Special Use Permit Conference
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 200 people.
Attorney Stephanie Ferradino appeared on behalf of the Applicant, along with the Applicant's co-owner, Kevin Dott. She said the plan has changed from what was presented in 2016 and in hind sight, the Applicant did hundreds of things wrong with this project. They are now seeking an amendment to the application, asking for and looking for feedback and action of the Board as to how they can run the business in the right way. They'd like to go forward in the right direction with a business plan that meets the needs of the Town as well as the neighbors. They have submitted some Barn Rules and Regulations they think will be a good step toward sound mitigation, parking of vehicles and hours of operation.
She said they are interested in feedback from the neighbors, but it seems the neighbors would love the property to be just a home. It was on the market for 2 years and obviously too expensive to be just a home, so to make it economically feasible it needed a business. The Applicant started out thinking agriculture education would be good, but it is not profitable and the property couldn't support that. Mistakes were made, they messed up and now the question is what to do to make it work.
Kevin Dott, co-owner of the property, addressed the Board stating they should have done things differently. They moved too quickly on some things with this project and too slowly on others. If he could go back, he would change a lot of things about the project from the beginning, but that's life. Financial resources diminished, so they slowed it down due to costs. They received the Special Use Permit for 80 in 2016 and claimed he didn't understand the requirements that came with the permit. Their plan is to have a beautiful wedding events venue/corporate events venue which people need and want here. He said trying to balance the business with the Town requirements and neighbors is a tough act to do. They'd like to compromise with a different business plan/model that will work better for the Town, better for the neighbors, with better parking and better for their business. They are now looking not just at their large events, but perhaps some smaller events with corporate businesses that won't require large set-ups and a lot of cars. He stated they have options to do these events, as it is a beautiful property and there is a need for it, they just have to sort this out. He then stated that the Special Use Permit and Certificate of Occupancy are two separate documents; one is issued by the Town Planning Board which goes by the Town's regulations and the other by the Town's Zoning Officer/Building Inspector, which goes by state regulations. The Certificate of Occupancy (CO) says how many occupants the building can hold due to the square footage of the building and the Special Use Permit tells you how many occupants you are allowed to have within the confines of the issued Permit. He said they, especially himself, failed to understand that until they were too far into it. He said they are reevaluating their plan, hopefully shrinking what they are asking the Town for and would like to get a number that is agreeable to both the Town and their business. He believes they all need to compromise some. He said they stretched a bit getting into this and that was a mistake.
Chairman Ian Murray questioned if the Board had any questions in regard to what Kevin Dott spoke on concerning the C.O. and Special Use Permit. He asked Zoning Officer/Building Inspector Gil Albert to explain it a bit more to the Board.
Zoning Officer/Building Inspector Gil Albert stated he has to look at a building as to maximum capacity of the building, which is calculated by useable square footage. You then look at the chart of uses, and calculate the maximum number of people allowed based upon the square footage and uses. The square footage here allows for 200 people. He also has to look at egress/ingress, septic, sprinklers, bathrooms, based upon that number. It doesn't matter what number of people a Special Use Permit allows, he has to base everything on the square footage and maximum number allowed for occupancy. That does not mean that a Special Use Permit has to allow the same number as the C.O. They are two completely separate permits/certificates. People will always go beyond what is permitted so you have to watch for that.
Robert McConnell stated he does not accept that. You are talking about the maximum allowed, but the Permit was for less than the maximum, the Board approved 80. So the Board should not have to look at 200+ just because the building can hold that many. They should stay within the permitted amount.
Zoning Officer/Building Inspector Gil Albert stated correct. If he gets a phone call saying they are beyond the allowable number, he can go shut the whole operation down based upon that. Most businesses go 10% - 20% beyond their allowable occupancy. But if he gets called, he can shut it down right in the middle of it.
Christopher Koval stated maybe this will be a no. We are nowhere near what the Board approved, not even close.
Attorney Stephanie Ferradino stated the 80 - 200 people was an issue for them because of what needed to be done in the building to meet NYS safety code. They got approved for 80 so maybe they didn't need as much ingress/egress, didn't need sprinklers or x,y and z. Once they saw the costs of becoming compliant, that is when they went to 200+.
Laurie Griffen questioned if it's because of the size of the building, the square footage of it.
Attorney Stephanie Ferradino said yes, the Board approved 80 people there, but the problem is that no matter what the number, the building has to meet code for 200+ due to the square footage of the building, which has cost more than they anticipated.
Robert McConnell stated it's the cost of doing business. If this Board can't control the number of people, it's not fair to those who live there. This Board has an obligation to protect the people nearby. We tried to keep it smaller only to find out there are advertisements all over the country for weddings of far greater numbers. This isn't 10% - 20% more, this is 100% and then some. Was that ever approved?
Attorney Stephanie Ferradino responded it's not approved.
Robert McConnell replied he rests his case.
George Olsen stated Long Fellows holds a lot more by code, and he's been to many parties there of only 60. Legally they will not be in trouble with NYS, but they will be with the Town. They were approved for 80 and the last time he looked at photos there, there was a wedding with 11 rows of 7 chairs on each side and they were all full, which was 140+. They had the opportunity with the first wedding to have 80, and they didn't. That was before this amendment. The pattern we have seen is that they won't stay within the permit.
Attorney Stephanie Ferradino admits the Applicants have done some things improperly. She believes the Board can make conditions for the approval of the amendment and that they can be enforced by the enforcement officer. Conditions can say noise needs to go off at 10:00 p.m. and if not, that condition has been violated and violation notice gets served. She thinks if you receive a few of those, you learn your lesson.
Chairman Ian Murray responded correct. It's trying to get into compliance to meet the square footage requirements for the structure that is needed.
Zoning Officer/Building Inspector Gil Albert stated the Board can put any number they want on the permit and the Applicant has to abide by that. How do you control that and how do we keep them to that number? All the weddings they have lined up are beyond the allowable number.
Christopher Koval questioned the house. The Applicant told the Board she would be living in the house and running the business, but now the house is rented out like a hotel. We have a lot to address here; layers of things.
Chairman Ian Murray said he doesn't think it's a hotel, but obviously she's been renting it out. He thinks it's been inspected for compliance.
Zoning Officer/Building Inspector Gil Albert stated it is not in compliance for that use and she is not permitted through the Town to rent it out; there should be rules for the renters and someone to contact if and when there are problems.
Chairman Ian Murray agreed and stated he is remaining neutral - there are neighbor rights and there are property rights. If things meet zoning regulations the Board has to act on them.
Attorney Stephanie Ferradino stated the Applicant screwed up and questioned how to go forward. Had the Applicant walked over to the neighbors and said they were doing an air B & B since they needed money and told the neighbors to call them any time, day or night if there were any issues with the folks renting there, they would be able to deal with that and things may be different. She feels some of those issues can be worked out. The Board had asked for specifics about the business and she provided that in a narrative. Right now they are allowed 80 and if they bought that small strip in front for additional parking, they were to go back to the Board, which they've done. They tried to mitigate the noise issue by shutting the doors to the barn, keeping the music in the barn, facing the speakers into the barn and not aimed toward the neighbors. She then stated the Applicant can plant some arborvitaes or evergreens to help alleviate the sound.
Chairman Ian Murray stated they need to provide the Board with an updated site plan. He also had a couple questions concerning the septic, which have not been answered and he'd like to see those answers. He also would like to see the parking plotted out as well; he wants to see the maximum occupancy of parking to see how it lays out on the land. He'd like to see the topos also.
Attorney Stephanie Ferradino questioned how many parking spaces they are to show.
Chairman Ian Murray replied based on the zoning code show 100 parking spots.
Attorney Stephanie Ferradino questioned if they could bank some of the spaces.
Chairman Ian Murray replied yes, they did so with the previous owner, but he still wants to see the layout for 100, as they are trying to protect some of the natural beauty there. He then stated the Barn Rules were submitted with the packets and asked the Board for their thoughts on them.
Laurie Griffen stated she did a lot of mark ups on those rules. She would like the Applicant to completely start over with a new application. She said pretend this never happened and begin anew. They have a couple of things to deal with right now, which may be taken care of with a resolution. But they've booked things out so far off the radar that she would like the Board to have them start right from scratch. She's gone through the paper work. They have farm rules here, a narrative there, letter there; it is so hap hazard. The biggest issue with the Barn Rules is you get to the very end and you have only one contact person in mind, then the Applicant possibly living there, then a manager - what is it? It's a really bad business model to ask a guest at a party to use their cell phone to shut their friend's party down at midnight because they've partied too much and the neighbors are complaining. That is a really bad business model. She believes they need structure and an actual property manager. This cannot become Zoning Officer Gil Albert's problem or this Board's problem. Having to babysit this business for every single wedding is not his job and that's not the Board's job. There are professional venues that have contact persons on site, hands on, to manage the business. That is what is needed here. At this point in time there is so much going on and they are so off the mark from the start, that the Applicant needs to start fresh with a new application. Give us a straight forward, here's what it is proposal. There are so many things flinging around right now and it's all over the board. The Applicant put the cart before the horse. She has a lot of things on the websites and the Board needs to deal with that. The Board needs to get this thing back on track as it is so scattered. Yes, the Applicant made a lot of mistakes, but she would like to see the Applicant tell the Board what is real; this is just not working. She would love to see a true and honest application. Tell the Board what is real. Currently they are working off an 80 person permit, the educational aspect never happened and it is very clear it is not going to happen.
Come back to the Board with a new application, clear with your true intent and your realistic expectations based on square footage, based on what the Applicant's needs are and let the Board look at that. That is what she would like to see. The Applicant really needs to get this straight. What the Applicant has submitted to date is a disaster and not straight forward. Come to the Board with a new application. There may be a way to work this, but right now it's so blown out of proportion, misrepresented and chaotic. They need to start fresh, being realistic and honest with a new application.
Patrick Hanehan and George Olsen agreed with Laurie Griffen.
Kevin Dott said as far as the Special Use Permit capacity being less than occupancy, they're allowed to do that, correct?
Attorney Stephanie Ferradino told him he has a Special Use Permit for 80 people.
Laurie Griffen stated the current permit stands at 80 people.
George Olsen stated he thinks Kevin Dott is asking if he can do a wedding for 200.
Attorney Stephanie Ferradino replied no, he's asking if he has to make application for 200 due to the size of the building and the answer is no. The building has to meet maximum safety requirements for 200 but his permit is for 80.
Robert McConnell stated originally this was going to be a couple of events to support an educational program and we haven't heard a word tonight on the educational program.
Attorney Stephanie Ferradino responded they are afraid to bring it up.
Robert McConnell replied he doesn't blame them, as that was all false pretense.
Attorney Stephanie Ferradino said they didn't have a viable business plan.
Robert McConnell said he finds that very disappointing. He stated he is not looking to allow them 200 people. It's still in a neighborhood and the neighbors perhaps could live with an occasional event, which is how this was sold to the Board. Now they're renting out the house for the track, for the ballet season, SPAC; this has certainly grown by leaps and bounds and he hasn't seen the same amount of attention going to the educational component. There has been no educational talk at all; they were dishonest from the beginning.
Attorney Stephanie Ferradino stated the educational aspect can't be done on its own; do the math, it just doesn't work.
George Olsen stated he believes the Applicant needs to start over with a new application. They were approved for one thing, yet the Applicant is constantly advertising and booking for things they were never approved for.
Attorney Stephanie Ferradino questioned if they start over can the Board leave the past in the past. She added that if the Board wants them to start from scratch, they would hope the Board can also begin fresh, leaving all this in the past.
Laurie Griffen responded proof is in the pudding, as long as they prove they're trustworthy and the Board can believe what they tell them.
Zoning Officer Gil Albert stated they need a local property manager with a local phone number that people can call with any problems, someone who can get there within 10 minutes.
Chairman Ian Murray stated the Applicant has obligations for a couple of weddings in June and after speaking with Town Attorney William Reynolds concerning those two weddings, they came up with a resolution for a temporary certificate to put before the Board tonight. Chairman Ian Murray then read the following:
TOWN OF SARATOGA PLANNING BOARD
RESOLUTION TO APPROVE TEMPORARY CERTIFICATE OF USE FOR DEMARANVILLE FARM
May 23, 2018
WHEREAS,
an application has been made by Mary Maranville (DeMaranville Farm) to modify a previously approved Special
Use Permit for real property located at 727 Route 29, to allow for wedding
events, and
WHEREAS,
the application remains pending before the Planning Board, and
WHEREAS,
various written materials have been submitted by the Applicant to the Planning
Board in support thereof, the Town Building Inspector has inspected the
property, the Town Engineer has reviewed the application, and the matter has
been presented and discussed at several regular Planning Board meetings; now,
therefore, be it
RESOLVED, that the request by the applicant for a Temporary
Certificate of Use for two wedding events is hereby approved, subject to the
following conditions:
and
be it further
RESOLVED, that this action shall not
be construed to be an approval of, or a recommendation in favor of, the
application still under consideration by the Planning Board.
The Resolution was approved by the following vote:
Chairman Ian Murray - aye
Laurie Griffen - aye
George Olsen - aye
Joseph Lewandowski - aye
Robert McConnell - abstained
Patrick Hanehan - aye
Brandon Myers - no
Carried 5 - 1 and 1
abstention.
The Applicant was told by
Board members they have to return with a new application for the wedding venue
and the house B & B.
Christopher Koval stated they need to come with a new application, new
public hearing. He questioned that they
are not booking any more events and are only allowed to have the two in June,
correct?
Chairman Ian Murray stated
they are only approved for the two in June and the application continues.
Christopher Koval, Robert McConnell and Laurie Griffen
added starting with a new application.
Chairman Ian Murray stated we
are not advertised for a public hearing tonight.
Dan Galvin, 29 Whippletree Rd., Ballston Spa, questioned what that means
for those who have already booked and paid deposits for their weddings later
than June with her.
Chairman Ian Murray stated
they are going to continue seeking approval for the special use permit.
Dan Galvin said so those who
have booked won't know if they will be able to have their wedding until the
last minute. He stated he and his fiance booked their wedding with the Applicant last year
and recently found out she was not permitted to book weddings that large. When he spoke with her and said he found she
was not allowed to have weddings the size of theirs, she said that whoever told
him that was a liar, that she is allowed to do large weddings.
Patrick Hanehan
stated that is an issue with the Applicant and her business, not the Planning
Board.
Robert McConnell questioned
the size of his wedding and was told 160.
Laurie Griffen
questioned when the wedding is and he replied September. Laurie Griffen then
stated there have been a lot of things not done correctly and they have to
start over.
Dan Galvin then told the
Applicant's co-owner Kevin Dott, that his attorney
will be in touch with the Applicant, as the Applicant knew full well that it
was against her permit to do this. He
then stated she has many weddings booked that are as large if not larger into
the fall, and questioned what they will do about that.
Chairman Ian Murray asked if
there were any other Board questions; there were none.
Returning
Seeking Exemption from our Zoning Regulations for Special Use Permit
(WSWHE)
BOCES
Representative: Atty. J. Lawrence Paltrowitz
Bartlett,
Pontiff, Stewart & Rhodes, P.C.
Attorneys
at Law
1 Washington St.
Glens Falls, NY 12801
Washington-Saratoga-Warren-Hamilton-Essex (WSWHE) BOCES seeks exemption from obtaining a special use permit. WSWHE BOCES was gifted 40+/- acres on Walsh Rd. and they plan to use it for teaching students to operate heavy equipment on that land, landscaping program, horticulture and floral programs, woods safety, forest land usage, etcetera. They plan to bus in 25+/- students 2 - 3 days a week throughout the school year between 8 a.m. - 5 p.m. This is located in a residential area.
Attorney Larry Paltrowitz appeared on behalf of Washington-Saratoga-Warren-Hamilton-Essex (WSWHE) BOCES, along with Tim Place, Superintendent of the Washington-Saratoga-Warren-Hamilton-Essex (WSWHE) BOCES. Attorney Larry Paltrowitz reviewed the 191 Walsh Rd. property and stated it was a gift to BOCES. He stated that generally school districts are exempt from zoning, however, due to a recent case at the end of last year in the Town of Bethlehem, in order to obtain a zoning exemption from a Town, certain information now has to be provided to the Town. He stated in February he sent a letter to Town Attorney William Reynolds, identified the intended uses of the property, the intended number of students and the possibility of utilizing the program 5 days a week, during regular school hours of 8 a.m. - 5 p.m. There will be one bus at a time bringing the students to the property and it will be used with insignificant impacts in regards to the traffic or any other elements. He said they in turn received a letter from Chairman Ian Murray with concerns and they have answered those concerns in a response letter. (on file in the Clerk's office) As BOCES is looking for an exemption from the Town of Saratoga's zoning regulations, Attorney Larry Paltrowitz reviewed the following details of the programs:
1. The Heavy Equipment and Maintenance Program - This program will teach students to operate and maintain heavy equipment through instructor designed labs and activities that prepare the students for the workforce.
2. The Environmental, Conservation and Forestry Program - This program will emphasize forest ecology, forest management, woods safety, forest land usage, forest protection, fish and wildlife management, forest recreation, and current and emerging environmental conservation issues. Students in this program will use the property as "land labs" and it will enable students to participate in projects that put theory into practice.
3. The Horticulture, Landscaping and Floral Design Program - This program will teach students to design and implement aspects of landscaping. The property will allow students to expand their curriculum beyond their current greenhouse and use the property as a "land lab". It will give students hands on experience in landscape design, landscape installation and maintenance, ornamental horticulture, integrated pest management, plant biology and soil science.
4. Enrichment Programs - Enrichment programs will also be offered to the students in the form of Project Adventure which develops social behaviors and collaboration, STEM Programs, Orienteering, Environment Programs which will develop and understanding of the local plants and animals in Saratoga County's unique sand plain ecosystem and environmental sustainability programs.
As stated above, they plan to use the property for teaching students to operate heavy equipment on site, a landscaping program, a horticulture and floral program, woods safety and forest land usage. They plan to bus in 25+/- students to the property with 4 adults on site, 2 or 3 days a week throughout the school year between 8 a.m. - 5 p.m. Although this is located in a residential area, they believe there is insignificant impacts to the neighborhood. They anticipate there will only be one school bus at a time on the property and the bus is able to enter the property and exit the property without any trouble. The only traffic will be the bus bringing and picking up the children and bringing in the equipment. The heavy equipment will be on site, driven to the top of the driveway for use on that property. There will be no parking on the road and no students loaded on the bus at the road. The building will not be used as it needs extensive renovations and would have to be done according to and comply with NYS Education codes as a school, which are more stringent than the Town's regulations. The perimeter of the building will have lights and a security system on the house with motion sensor cameras.
They have no intention to impact any steep slopes, but will adhere to erosion controls according to the Town's code. Existing driveway - BOCES has liability insurance to cover the 30' x 40' deep easement. He reviewed the survey with the Board and stated they have an obligation to provide information to the Town while asking for this zoning exemption. He added they will use a full 66 person passenger school bus and they have done practice runs and found no issue pulling in and exiting the property.
Chairman Ian Murray questioned the heavy equipment and trailers and where they will unload, as the property is steep.
Attorney Larry Paltrowitz responded that they tried unloading when you first pull in, but due to the steep slopes they found they need to unload higher up on the property. They cannot unload in the 40' strip.
Ken Martin, Engineer for the Town, stated it is a landlocked parcel.
Attorney Larry Paltrowitz responded they have a permanent easement with Mr. Cassidy.
Chairman Ian Murray stated there is no frontage on the road for that parcel; our code requires frontage.
Ken Martin, Engineer for the Town stated public and private school requires 400' of frontage.
Laurie Griffen questioned the primary use of the property.
Attorney Larry Paltrowitz replied environmental conservation, heavy equipment use and horticulture, forest management, how to remove trees safely, land based programs. Perhaps future enrichment programs with the ponds.
Chairman Ian Murray asked if there were further Board questions; there were none. He stated he will get in touch with Attorney William Reynolds, as this is a landlocked parcel and if no objection comes from Attorney William Reynolds, then a special use permit is not needed.
Old Business: None
New Business: None
Meeting Adjourned
Due to a conflict in June, the next regular meeting will
be held Wednesday, June 20, 2018 at
Respectfully submitted,
Linda A. McCabe
Planning Clerk