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