TOWN OF SARATOGA
PLANNING BOARD
MINUTES -
DRAFT
APRIL 28, 2004
7:30 PM
Chairman
Ian Murray called the meeting to order at 7:30 p.m.
Clerk
Ruth Drumm called the roll.� Chairman
Ian Murray � present, Susan Cummings� �
present, Ralph Pascucci � present, Albert Baker � present, Paul Griffen �
present, Laurie Griffen � present, Robert Park � present, and Alternate Barney
Drumm � present
March
24, 2004 meeting.� A motion was made by Robert Park and
seconded by Sue Cummings to accept the minutes of March 24, 2004 as written.
Chairman Ian Murray � aye, Susan Cummings�
� aye, Ralph Pascucci � aye, Albert Baker � aye, Paul Griffen � aye,
Laurie Griffen � aye, Robert Park � aye.�
7 � 0� Carried
Applicants:
Subdivision
#04-05: William Patenaude�
������������� 41 Lake St, P.O. Box 784
����������� � Stillwater, NY
12170
������������������������� and
30 Champlain
Av.
S/B/L: 208-1-23, 209-1-4.13,
and a portion of 209-1-6 Rural District
Applicants
seeking a two-lot subdivision, equally dividing 59.24 acres at 771 and 773
Route 4 South, Town of Saratoga.��
Andrew and William Patenaude and Attorney Scott Ronda addressed the
board.� Andrew Patenaude noted that the
engineered septic systems are on the print along with the roadway
pull-offs.� Attorney Scott Ronda stated
that the easement agreement is on the deeds and has been faxed to Town Attorney
William Reynolds.� Chairman Ian Murray
inquired if the engineered septic systems were in an area of greater than a 25%
slope.� Andrew Patenaude replied that
the actual sand filter system and absorption trench is not and will be placed
on the level.� Andrew Patenaude provided
the plan to the Department of Health and it should not hold up the
process.� Chairman Ian Murray noted that
the Ag Data Statement and the Environmental Assessment Form (EAF)� is all set and after speaking with Town
Attorney William Reynolds noted that a conditional approval is advised
contingent on the easement and the driveway maintenance agreement on the
plot.��
A
motion was offered by Ralph Pascucci to grant the subdivision contingent on the
easement, the driveway maintenance agreement on the plot, and the town
engineer�s review.� Sue Cummings
seconded the motion. Chairman Ian Murray � aye, Susan Cummings� � aye, Ralph Pascucci � aye, Albert Baker �
aye, Paul Griffen � aye, Laurie Griffen � aye, Robert Park � aye.� 7 � 0�
GRANTED
�
������������� 295 Fitch Rd.
Proof of notice having been furnished Chairman Ian Murray opened the Public Hearing. No one spoke for or against this subdivision.
Robert
Park made a motion to grant the subdivision contingent on the town engineer�s
review.� Ralph Pascucci seconded this
motion. Chairman Ian Murray � aye, Susan Cummings� � aye, Ralph Pascucci � aye, Albert Baker � aye, Paul Griffen �
aye, Laurie Griffen � aye, Robert Park � aye.�
7 � 0� GRANTED
#03-23 Walter Taras
����������� �173 County Rd. 69
����������� �Schuylerville, NY
12871
S/B/L 182-2-15.1 Rural
District
Applicant
is seeking a five-lot subdivision, creating four 80,000 + sq. ft. lots along
Casey Road with a remaining parcel of 179 +/- acres.� Walter Taras and Harold Berger, P.E. approached the board.� Harold Berger, P.E., questioned if the DOH
approval is required and stated the history of the prior subdivisions on the
mother piece.� It was determined that
since lot 3 had been transferred within the last three years it would count as
the fifth lot making this application a major subdivision and would require DOH
approval.� Chairman Ian Murray stated
the town engineer also recommends that it go to the DOH.� They agreed to submit it to the Glens Falls
office of the DOH.� Chairman Ian
Murray�
explained
that DOH approval and the full SEQR study would be needed.� He noted that a motion is needed to declare
the Planning Board as lead agency in the SEQR process.� Laurie
Griffen made the motion to declare the Planning Board lead agency in the SEQR
process and Paul Griffen seconded it. Chairman Ian Murray � aye, Susan
Cummings� � aye, Ralph Pascucci � aye,
Albert Baker � aye, Paul Griffen � aye, Laurie Griffen � aye, Robert Park �
aye.� 7 � 0� Carried�� Chairman Ian Murray will give the completed
SEQR form to the town engineer to distribute to the necessary agencies.� Harold Berger, P.E.� stated that he would send Chairman Ian
Murray and the town engineer copies of the application to the DOH.� He also stated that the deep hole tests and
perc tests have been done on the lots and came out great as it is the nicest
sandy soil.� A well will be dug and
tested soon.�
Proof of notice having been furnished Chairman Ian Murray opened the Public Hearing. No one came forward for or against this subdivision.
Chairman Ian Murray noted that the application process is
60 days but it doesn�t start until the SEQR process is complete.�� Applicant
will return.
# 04-08 Timothy Banks &
Roderick Valente, R J Valente Gravel, Inc.
������������� 8 Jennifer Dr.
������������ Wynantskill, NY 12198
S/B/L 155.-1-27.1 Rural
Residential District
Applicants
are seeking a special permit for establishment of mining use for the surface mining
of sand on 49.02 acres located NYS Route 29. Timothy Banks and George Marshall
of Marshall Engineering addressed the board with their map and Mining Land Use
Plan for the proposed mining site.�
George Marshall stated that all material would be excavated from east to
west at the site.� It will be reclaimed
as grasslands once mined and he pointed out that the site would be well
shielded with a 100� buffer with a tree line.�
He stated that there should be little dust since the sand is naturally
moist when it is dug out.� He stated
that the roads would be kept moist to alleviate dust.� Timothy Banks pointed out that the hours of operation would be
6:30 a.m. to 5:30 p.m. Monday through Friday and 8:00 a.m. to 2:30 p.m. on
Saturdays.� They would be closed on Sundays
and holidays.� (Chairman Ian Murray
later corrected the hours of operation on Monday through Friday as 7:00 a.m. to
5:30 p.m. per their permit application.)�
Timothy Banks stated that he didn�t anticipate heavy volumes of truck
traffic and at peak volume it would be 40 to 50 per day depending on the
project. The entranceway will be on Route 29 between the existing barn and
house. They will pave the first 50� of roadway and then the next 150� will be
covered with 3� of crushed stone.�
Timothy Banks stated that the DEC requires a 25� setback but they will
provide 100� behind any residence.�
Chairman
Ian Murray explained that this property is in a Rural Residential District
where mining is permitted by special permit.�
First the applicants apply for a mining permit with the DEC and then
once the DEC issues the mining permit they apply for a Special Use Permit from
the town planning board and if that is granted mining can occur.� DEC oversees the mining permit application
and takes comments from the town and its residents.� Chairman Ian Murray read a letter from Mike Spadafore of the DEC
stating the areas that the local government can comment on.� The letter, with an address to mail comments
to, was made available to the townspeople attending the meeting so that they
could make their concerns known to the DEC.��
Proof of notice having been furnished Chairman Ian Murray
opened the Public Hearing.
The following persons spoke against the project:
Curt Bratge, Becky DeWitt, Kristi Carrara, Ed Mallory, Mary Rose, Patti Villano,����� Patti Allen, Mildred Mallory, Walter Allen, Jack Macica, and Mark Overholt.
The concerns voiced were hours of operation, sand spilled on Route 29 from the trucks leaving the site, dust, noise, heavy trucks on Louden Road breaking up the road, traffic and the increase of the probability of accidents on Route 29, water concerns, property devaluation, and safety concerns regarding children playing at the site along with the question of who will enforce the regulations.
Timothy Banks offered to meet with the neighbors at the site by appointment.� He noted that the Saratoga County Sheriff�s Department enforces weight and speed limits.� He also stated that they are not planning to use Louden Road unless the customer is on that road.� He also mentioned that the Mining Permit has to be renewed every five years with the DEC and his Mine Land Use Plan cannot be changed without going back to the DEC for approval and another public hearing is held.� Timothy Banks stated that the well will only be used for controlling dust and it should not impact neighboring water supplies.� The site will be well buffered.� It was mentioned that the DEC will regulate the import and export of products at the site and there could be no stockpiling of materials unless a formal modification to the Mining Land Use Plan was applied for and approved.
Chairman Ian Murray stated that through the State Environmental Quality Review (SEQR) traffic studies are done with the NYS DOT�s involvement.� It was noted that the DEC and the Town Zoning Officer can enforce issues under their regulation.�
During the public hearing, the board was asked if the permit will be issued regardless of their concerns?� Chairman Ian Murray said not necessarily and that�s why public hearings are held and that comments need to be given to the DEC also.� He repeated the five things that the town can comment on:
1. Appropriate setbacks from property boundaries or public thoroughfare right-of-ways
2. Manmade or natural barriers designed to restrict access if needed, and if affirmative, the type, length, height and location thereof
3. The control of dust
4. Hours of operation, and
5. Whether mining is prohibited at the location.
Paul Griffen commented that the Planning Board couldn�t say no to the permit arbitrarily as there is no code against it and if unreasonable limits are set they could have legal recourse.� The board can steer the conditions to be more compatible but can�t take away their property rights unreasonably, as all are due a process.� There will be additional public hearings by the DEC and the planning board.
Chairman Ian Murray inquired when the property was purchased and who the prior owner was?� Timothy Banks replied that it was purchased in 1991 from James Allen.� It was noted that it was listed for sale from 1994 to 1998 and then again from 1998 to 2002.� Timothy Banks estimated the market value of the property at $510,000.�
Chairman Ian Murray summarized the process:
1. DEC permit is applied for and that was done on 2/24/2004.� DEC reviews and holds public hearings. The Planning Board will be notified as the process goes forward since it is an involved agency in the SEQR process.� If DEC does not issue a permit then the Special Use Permit cannot be granted.
2. A Special Use Permit is applied for from the Planning Board and is in suspension until the SEQR is completed and the mining permit is issued from DEC, then the Special Use Permit application process will resume. APPLICANT WILL RETURN
Marc DeCastro
197 Hanehan Rd.
S/B/L#196.-1-15.1 Rural
District
Applicant
is seeking a Special Use Permit for a Home Industry consisting of a Sheet Metal
Fabrication Shop in an existing barn.� A
40� x 20� pole barn and a 20� x 12� pole barn off the existing barn will be
built for storage.� Marc DeCastro
addressed the board with his plans.� He
stated that he wants to move his metal fabrication business from Stillwater to
a shop in his barn.� He commented that
he has no employees and does not plan to have any.� He noted his office is in the basement of his home.� He stated that due to his remote location,
if he needed to expand in the future, he would purchase land elsewhere in a
commercial area.� Sue Cummings is his
nearest neighbor and she expressed no objection to the business.� Marc DeCastro assured the board that no
ductwork will be stored outside.� He
stated that he picks up the sheets of metal with his pick-up truck and that
there will be no large delivery trucks coming and going.� His customers are mechanical
contractors.� The pole barn that will be
built will be used for storage in part for farm equipment.� The board suggested he follow the
application procedures and regulations and return for the next final step in
the process.�� APPLICANT WILL RETURN.
Information
Barney Drumm
193 Casey Rd.
Schuylerville,
NY 12871
S/B/L#
182.-1-28 Rural District
Applicant is seeking information on the application
process for the Special Use Permit needed for a sawmill on his 10 acre parcel
at 193 Casey Rd.� Barney Drumm addressed
the board.� He noted that he meets the
requirements in the regulations for a sawmill in a Rural District.� The board had no objections.� He was given the forms needed and will
apply.
Old Business: Chairman Ian Murray suggested
another site visit of the proposed Schuyler Hills conservation subdivision on
Route 29.� It was decided to meet at the
site on Wednesday, May 19th at 6:00 p.m.
New Business: Chairman Ian Murray
mentioned the meeting scheduled for 7:00 p.m. May 5th with the Town
Board, the Zoning Board, and Larry Benton of the County Planning Board
regarding the presentation of Planned Unit Developments (PUD�s) and urged the
board to attend.� It was suggested that
shared driveways be discussed also.�
The
next meeting will be Wednesday, May 26, 2004 at 7:30 p.m.
A motion to adjourn was made at 10:40 p.m. by Laurie Griffen and seconded by
Susan Cummings. Chairman Ian Murray � aye, Susan Cummings� � aye, Ralph Pascucci � aye, Albert Baker �
aye, Paul Griffen � aye, Laurie Griffen � aye, Robert Park � aye.� 7 � 0�
Carried
Respectfully
submitted,
Ruth L. Drumm, Clerk