TOWN OF SARATOGA

PLANNING BOARD DRAFT MINUTES*

 

October 28, 2020

 

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 – absent,

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

 

Due to the absence of Christopher Koval, Alternate Walter Borisenok was elevated to full voting member.

 

Also attending: Gil Albert, Jim Vianna, Mark Lampron and Terri Korb. (Sign-in sheet is on file in the Clerk's office)

 

A motion was made by Laurie Griffen, seconded by Joseph Lewandowski, to accept the meeting minutes of September 23, 2020 as written.  Chairman Ian Murray – aye, Laurie Griffen – aye, Patrick Hanehan – aye, Robert McConnell – absent, Joseph Lewandowski – aye, George Olsen - aye, Christopher Koval - absent, Alternate Walter Borisenok - aye. 

Carried 6 - 0

Approved

 

Minor Subdivision Public Hearing

 

Stella Cummins #20-04                                 Representative:  James Vianna, PLS

967 Rt. 29                                                                                    170 Lohnes Rd.

Saratoga Springs, NY 12866                                                      Stillwater, NY 12170

S/B/L 156.-1-3.1 Rural Residential District

 

Returning Applicant seeks a two-lot subdivision of his 6.9+/- acre parcel.

 

Jim Vianna, PLS, appeared on behalf of the Applicant.  He reviewed the proposed subdivision, stating that last month the Board sent this to the ZBA for variances and he was before them on Monday and received a 15’ frontage variance for Lot 1A, which fulfills the zoning requirements, but the Town attorney did not want them to consider the variance for Lot 1 as it would be a flag lot.  Survey is complete, Lot 1 is a flag lot on Rt. 29, 5.34+/- acres, 50’ of frontage which exceeds the 30’ flag lot requirement.  There will be a shared driveway with existing driveway and deed language will reflect maintenance agreement. 

 

Chairman Ian Murray stated he knew technically this would be a flag lot, but he and the Board had recommended they go for variances before subdividing, as he interprets the Town’s code differently than the Town attorney does.  The Town attorney had their zoning application for a couple of weeks but never communicated any concerns with it to the Chairman prior to either meeting.  It is now back before Planning for the subdivision and the Board will go forward with flag lot provisions on it.  Concerning the shared driveway, he’d like to see the driveway agreement on the survey; the Town has a boiler plate ‘Shared Driveway Agreement’ that can be sent to Jim Vianna, PLS, for his use.  That way, if and when the property is sold, they can divide the driveway down that property line. 

Town Engineer Ken Martin said he will send that boiler plate to Jim Vianna.

 

Chairman Ian Murray questioned, in order to meet the provision of flag lots, will the Applicant be willing to deed restrict Lot 1 to no further subdivision.

 

Jim Vianna, PLS, responded yes.  

 

Chairman Ian Murray asked if there were any questions or comments of the Board; there were none.

 

Proof of Notice having been furnished by newspaper on October 18, 2020, Chairman Ian Murray opened the Public Hearing at 7:36 p.m., asking those wishing to speak to the Board concerning this application, to please stand and state their name and address.  Seeing as no one wished to speak, Chairman Ian Murray closed the Public Hearing at 7:37 p.m.  

 

Laurie Griffen went through SEQR, line by line, with the Board.  Chairman Ian Murray asked if there were any further comments or questions from the Board; there were none.

 

A motion was made by Chairman Ian Murray, seconded by Walter Borisenok, to accept the documents as presented, to declare SEQR review complete and to make a Negative Declaration.  Chairman Ian Murray – aye, Laurie Griffen – aye, Patrick Hanehan – aye, Robert McConnell – absent, Joseph Lewandowski – aye, George Olsen - aye, Christopher Koval - absent, Alternate Walter Borisenok - aye. 

Approved  6 - 0  

 

A motion was made by Chairman Ian Murray, seconded by Patrick Hanehan, to approve the flag lot subdivision as proposed with the following conditions: we receive a shared driveway agreement and deed restriction language of no further subdivision on Lot 1.   Chairman Ian Murray – aye, Laurie Griffen – aye, Patrick Hanehan – aye, Robert McConnell – absent, Joseph Lewandowski – aye, George Olsen - aye, Christopher Koval - absent, Alternate Walter Borisenok - aye. 

Approved  6 - 0  

 

Special Use Permit Pre-Submission Conference

 

Mark Lampron

123 Co. Rd. 69

Schuylerville, NY 12871

S/B/L 182.-1-75 Rural District

 

Applicant seeks a special use permit to open a brewery for commercial distribution on his 5.95+/- acre parcel with 186.01’ of frontage property.

 

Applicant Mark Lampron appeared before the Board to discuss the possibility of opening a brewery on his property for commercial sale.  He has obtained a DBA for this and the company name is Screaming Eagle Brewery.  He said he’d do this in his basement, it’s a very clean business, no special electrical work is required and there will be no customers coming to the property.  In future he is hoping to open a Tap Room in Schuylerville, but he doesn’t want to get into a lease at this time. 

 

Chairman Ian Murray questioned how he gets his materials in and out.

 

Applicant Mark Lampron replied the materials get shipped to him from around the country.  No tractor trailers come in and out.  Once his product is ready, they’ll deliver in kegs to customers, there won’t even be small trailers coming onto the property.

 

Chairman Ian Murray questioned the size of the small barrel.

 

Applicant Mark Lampron replied 35 gallons.

 

Chairman Ian Murray said it sounds good, but there are other issues.  The driveway and turn-around won’t work and the application states waste will go into your septic and that’s a problem.

 

Applicant Mark Lampron stated it’s no more than washing a car and cleaning pots and pans. 

 

Walt Borisenok questioned if they are separating the grains/mash themselves.

 

Applicant Mark Lampron replied yes.

 

Walt Borisenok asked if he has a farm liquor license.

 

Applicant Mark Lampron replied no, not yet.  Brewing is not a very dirty process per say, but you need an establishment to get that license.

 

Walt Borisenok agreed and added you have to give a lot of information to get it.

 

Building Inspector/Zoning Officer Gil Albert noted that in the Village of Schuylerville a special trap has to go in to filter any solids before it can go into the wastewater treatment.  You must consider the future, as this business grows it will affect his system.

 

Walt Borisenok agreed that is a legitimate concern.  He questioned will the processing stay on his property.

 

Applicant Mark Lampron responded they’ll be looking at a commercial space if it grows.  He certainly doesn’t want to hurt his septic system.

 

Chairman Ian Murray stated the Board needs more information on this in order to make a determination.  The Applicant lacks frontage for this and they’ll have to send him to the ZBA for a 200’ frontage variance and then, if granted, back to Planning.  If the Applicant comes back to Planning, the Board needs engineering data, turn-around timeline on barrels, technical specs and timeline when a barrel goes in and another into the tank, waste water, etcetera.

 

George Olsen questioned the size of his basement.

 

Applicant Mark Lampron replied 20’ x 22’.

 

Town Engineer Ken Martin had concerns about the Ph factor with the system.

 

Applicant Mark Lampron stated the solid waste is composted.

 

Chairman Ian Murray questioned if he’ll wash them outside.

 

Applicant Mark Lampron replied they can.

 

Joseph Lewandowski questioned what they do with a bad batch.

 

Applicant Mark Lampron responded they compost it.

 

Chairman Ian Murray asked if there were any further Board questions; there were none. Chairman Ian Murray made a motion, seconded by Patrick Hanehan, to send this to the Zoning Board of Appeals seeking the 200’ frontage variance.  Chairman Ian Murray – aye, Laurie Griffen – aye, Patrick Hanehan – aye, Robert McConnell – absent, Joseph Lewandowski – aye, George Olsen - aye, Christopher Koval - absent, Alternate Walter Borisenok - aye. 

Carried 6 - 0

 

Chairman Ian Muray told the Applicant to get the engineering data to the Board and we can keep going forward if he receives the variance.

 

Old Business - none

 

New Business – none

 

A motion was made by Laurie Griffen, seconded by George Olsen to adjourn the meeting at 7:55 p.m.  Chairman Ian Murray – aye, Laurie Griffen – aye, Patrick Hanehan – aye, Robert McConnell – absent, Joseph Lewandowski – aye, George Olsen - aye, Christopher Koval - absent, Alternate Walter Borisenok - aye. 

Carried 6 - 0

Meeting Adjourned

 

The next regular meeting will be held Wednesday, November 18, 2020 at 7:30 p.m.  All submittals must be to the Clerk no later than 8:45 a.m., November 4, 2020 to be on the agenda.

 

Respectfully submitted,

 

 

Linda A. McCabe

Planning Clerk