TOWN OF SARATOGA
PLANNING BOARD
MINUTES -
DRAFT
July 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, Robert Park � present, Laurie Griffen � absent, and alternate Barney
Drumm � absent
Approval
of Minutes: All board members present had read the minutes of June 23, 2004
meeting.� A motion was made by Robert Park to accept the minutes of June
23, 2004, as written, and Susan Cummings seconded it. Chairman Ian Murray �
aye, Susan Cummings� � aye, Ralph
Pascucci � abstained, Albert Baker � aye, Paul Griffen � aye, Robert Park �
aye, Laurie Griffen � absent, and Barney Drumm - absent.� 5� 0�
Carried
�
Applicants:
Information
James & Elena Grotto
946 Route 29
Saratoga Springs, NY 12866
S/B/L 156.-1-26� Rural Residential
James & Elena Grotto addressed the board.� They stated that they would like to move
their Train & Hobby business to the .71 +/- acre pre-existing
lot located next door.� They would put
up a garage/ building approximately 24� x 36� to move it into.� Chairman Ian Murray stated that they would
need to follow the procedures for obtaining a Special Use Permit in the Zoning
Regulations.� He advised them that if it
does not meet the frontage or setback requirements it would be denied and they
would need variances granted from the Zoning Board of Appeals.� They were advised that if they put up a
garage for the business on the same lot as their home they would still need a
Special Use Permit and would have to satisfy the Zoning requirements and go through
the process.� Paul Griffen asked if they
would combine the two properties and they stated no because it is a viable
building lot and they do not want to give up the right to put a home on it in
the future if desired.� The applicants
were given a Special Use Permit application and they purchased a Zoning
Regulation Book.� Applicants will return next month.
Sketch Plan Review
Sandra
Dalzell, Ed Charbonneau, and Mark & Kim Sutton addressed the board.� They stated that they are seeking to
converge three parcels totaling 6.93 +/-
acres on County Rd. 68, fronting Fish Creek, into two residential lots, one of
1.85 +/- acres� (80,500 sq.ft. +/-) to be sold to Mark Sutton and the second 5.08 +/- acres for daughters Sandra Dalzell
and Denise Defoe. Chairman Ian Murray stated that the 1.85 +/- acre lot is not a buildable lot due to the setbacks required
from the creek and the wetlands.� It
doesn�t leave enough buildable area for the placement of the home, well, and
septic system.� Mark Sutton responded
that he has been in contact with the DEC and that he was led to believe they
might grant an encroachment on the 100� buffer.� Chairman Ian Murray stated that the board needs a letter from the
DEC granting them a Freshwater Wetlands release before they could grant the
subdivision of a non-conforming lot.�
They will also need an area variance from the Zoning Board of Appeals
since the frontage requirements are not met. The planning board will need a map
with the house, well, and septic system located on it.� It was suggested that he apply to the ZBA
for the area variance in August and return to the Planning Board at the August
meeting also.�� Referred to the ZBA and Applicant
returning.��
Koval Family
Realty, LLC�������������������
313 Burke Rd.
Stillwater, NY
12170
S/B/L 194-1-35� Rural District
Timothy & Ann
Little
1019 County Road 70
Stillwater, NY
12170
S/B/L
194-1-19.1� Rural District
Betty Koval, Adam Koval and Tim Little addressed the board requesting lot line adjustments in order to exchange a 6.004 +/- acre parcel from the Little�s 76.46 +/- acre� main parcel for a 5.519 +/- acres from the Koval Family Realty�s 23.24 +/- acre main parcel, both properties will remain in agriculture.� The 6.004 +/- acre parcel to Adam Koval and the 5.519 +/- acre parcel to Tim Little.� The board acknowledged that it is not a subdivision, just lot line adjustments, and that all they need to do is have their surveyor redraw the lines on their map and give Assessor Catherine DeFelice a copy so that the town tax maps can be adjusted and also file the changes with Saratoga County.�
Sketch Plan Review � Continued
Gary Grentzer
52 Ruggles Rd.
Saratoga Springs,
NY 12866
S/B/L 154 �1- 4.1
& 4.2� Rural Residential
Gary Grentzer addressed the board proposing a 4-lot subdivision of a 20-acre +/- parcel at the end of the cul-de-sac at Ironwood Drive. Chairman Ian Murray stated that the required frontages are not met and in its present form it is not an appropriate subdivision.� He was advised to split it into 2 large lots which would meet the regulation requirements or he could apply to the ZBA for the variances needed for the 4-lot design.�
#04-14 Barlok & Roohan,
Applicants������ ����������� E.M. Mease, Owner
519 Broadway����������������������� ����������������������� ����������� 130
Southard Rd.
Saratoga Springs, NY 12866������������� ����������� Saratoga
Springs, NY 12866
S/B/L 181-1-12.1 Rural
District
Mark
Jakubiak of the LA Group addressed the board representing Barlok & Roohan
Realty.� The plan presents an 11-lot
subdivision on 69.11 +/- acres on Southard Rd, with 5.596 +/- acres being
retained by the current owner. The proposed lots range from 4.29 +/- acres to
10.705 +/- acres.� Originally a
Conservation Subdivision of 21 lots was proposed but reworked due to the soil
types present.� Preservation of the view
sheds was considered when reworking the plan.�
Mark Jakubiak stated that the lots would be serviced with individual
wells and septic systems.� He added that
a long form SEQR was requested by the town engineer and would be
submitted.� Mark Jakubiak reported that
a well was drilled at 130 Southard Road which pump-tested at a rate in excess
of five GMP for eight hours and that draw-down was minimal and recovery excellent.� The well driller will forward the yield
results to Town Engineer Kenneth Martin.�
Proof
of notice having been furnished Chairman Ian Murray then opened the Public Hearing.� The following people spoke against the
proposed subdivision: Sam Aldrich � Burke Rd., Dan Larkin - Burke Rd., Penelope
Benson-Wright � Burke Rd., Jim Gillman � Burke Rd., Barbara Marshall, Cynthia
Baker, Lloyd Van Arnum, and Kathleen Martens.�
Chairman Ian Murray read a letter of opposition from Dr. Baran.�
Chairman
Ian Murray closed the Public Hearing.�
Chairman
Ian Murray read the Saratoga County Planning Board�s comments on the
project.� They stated that the location
did not raise any county or inter community concerns.� Their comments included that alternate or raised fill systems
would be required and that the local planning board should rely on the town
engineer to review all test results required for the design of the water supply
systems.� They also suggested that an
alternative to construction of a town road would be to provide a shared
driveway for the four lots south of Southard Road.�
�
Chairman
Ian Murray asked Toni Mease how long the property had been for sale?� She replied one year.�
Chairman
Ian Murray stated that the following would be required of the applicants:
1)
A
long form SEQR, which requires a coordinated review with all involved agencies.
2)
A
well-drilled and septic system designed for each lot, which meets DOH
standards, must be submitted to the town before a building permit can be
issued.
3)
A
stormwater management plan will be required for each lot before the building
permit is issued.
4)
Include
the revised building envelopes on the print.
5)
Deed
restrictions of areas outside the buildable envelopes to agricultural pursuits.
6)
Once
the SEQR process is completed a second public hearing will be required.
7)
Driveways
over 200� must meet standards of 30� width, and 50,000 PSI strength.
Chairman
Ian Murray stated, when asked,� that
it�s the Town Board who decides if or when the road is taken over by the
town.�
Chairman
Ian Murray suggested that the residents meet with the LA Group so that they can
answer their questions.� Jeff Barlok of
Barlok & Roohan, agreed to do that.�
A meeting will be set up through Paul Griffen.�
Chairman
Ian Murray and Paul Griffen explained that a balance needs to be met between an
individual�s property rights and what is best for the town.�
Paul
Griffen stated that we are and will continue to work on correcting and
improving our Zoning Regulations.��
Participation from the residents of the town is welcome.�
Chairman
Ian Murray, with the board�s agreement, stated that the applicants should
continue to work with the present plan.�
Ralph
Pascucci made a motion to declare the Planning Board as the Lead agency in the
SEQR process.� Susan Cummings seconded
this. Chairman Ian Murray � aye, Susan Cummings� � aye, Ralph Pascucci � aye, Albert Baker � aye, Paul Griffen �
aye, Robert Park � aye, Laurie Griffen � absent, and Barney Drumm -
absent.� 6� 0� Carried
# 04-12 Mark & Terri
Collins
����������� �152 Ruckytucks
Rd.
�Stillwater, NY 12170
Jim Vianna, returning representative for Mark & Terri Collins, addressed the board.� The applicants are seeking a two-lot subdivision, splitting a 2 +/- acre lot with existing house and garage from the present 9.6 +/- acres and retaining the 7.6 +/- acre parcel for themselves.� Jim Vianna stated that the survey has been completed and that the required Agricultural Statement has been added to the print.� The land use will not change.� Chairman Ian Murray and Town Engineer Kenneth Martin agreed that the print looks fine.� Chairman Ian Murray read the Saratoga County�s decision, which stated there is no significant impact countywide or inter-community.�
Proof of notice having been furnished Chairman Ian
Murray then opened the Public Hearing.� No one came forward to speak for or against
the proposed subdivision.�
Robert Park made a motion to approve the subdivision
and Paul Griffen seconded it.�
Chairman Ian Murray � aye, Susan Cummings� � aye, Ralph Pascucci � aye, Albert Baker �
aye, Paul Griffen � aye, Robert Park � aye, Laurie Griffen � absent, and Barney
Drumm - absent.� 6� 0 Carried GRANTED
Matthew Ernst
1164 Rt. 29
Schuylerville, NY
12871
S/B/L 157-1-49.2
& 29 Rural Residential
Attorney Michelle Anderson, representing applicant Matthew
Ernst, addressed the board.� She stated
that the applicants are seeking a Special Use Permit to operate a Tattoo Parlor
on adjoining parcels totaling 1.41 acres +/- at 1164 Route 29.� She stated that it is a low impact business
with minimal parking needed.� Chairman
Ian Murray stated that 2 acres are required for a retail service.� A formal application with a site plan to the
Planning Board is needed and then will be denied due to the need for an area
variance.� The applicant should then
apply to the Zoning Board of Appeals for an area variance, if granted, then he
should reapply to the Planning Board for the Special Use Permit.�� Returning.
Cingular Wireless,
Applicant������� ����������� Stanley & Donna Barber, Owners
24 Aviation Road�������������� ����������� ����������� 168 Hayes Road
Albany, NY 12205������������� ����������� ����������� Schuylerville, NY 12871
S/B/L 156-4-7� Rural Residential
Jean Marie Frawley, Site Acquisition/Zoning Specialist,
for Tectonic Engineering & Surveying Consultants addressed the board
representing Cingular Wireless regarding a Special Use Permit for a 150�
telecommunication tower on 43.08 acres +/- at 168 Hayes Road.� Ralph Pascucci asked where they are trying
to cover and she replied the area along Route 29.� It was suggested that they float a balloon as a simulation, which
would be photographed, from surrounding areas.�
They would provide and advertise 2 dates for the balloon floating, one
being a rain date, and then float the balloon for 4 hours.� Jean Marie Frawley stated that she could
provide all the sites that are being considered in the search area. She stated
that she would apply to all the required agencies and provide a long form
SEQR.�� Ralph Pascucci asked her to pick
an ideal site first that is in the town�s best interest.� The proposed monopole tower could be shared
and designed for up to 5 carriers.��
Ralph Pascucci requested pictures of towers disguised as pine trees.� Chairman Ian Murray stated that
telecommunication towers are not listed as a permitted use in any of the town�s
zoning districts.� The applicants would
need to apply to the Town Board for a Planned Unit Development (PUD) for the
telecommunication tower. Applicants will
apply to the Town Board in September.
Old Business: Paul Griffen stressed that
our Zoning Regulations need work.� He
stated they have many errors and are very hard to reference.� Paul Griffen stated he would like to
participate in the project.� The
recommendation of the Planning Board is to hire a firm to format and straighten
out the regulations. Supervisor Thomas Wood replied that there are companies
that specialize in that type of work.�
Money would need to be budgeted for the project.� Supervisor Thomas Wood suggested that� Request for Proposals (RFP) might be needed.
New Business: After some
board discussion on the merits of the Memorandum
of Understanding agreement received from the county, a motion was made by
Ralph Pascucci and seconded by Robert Park to authorize Chairman Ian Murray to
enter into a Memorandum of Understanding
agreement with the Saratoga County Planning Board to reduce the time required
to process referrals to the County Planning Board which are deemed by them to
have no significant county-wide and/or inter-community impacts. All referrals
that are deemed to have potentially significant county-wide or inter-community
impacts will remain subject to full County Planning Board review within 30 days
of referral unless an extension is mutually agreed upon.� Either party can terminate the agreement at
any time upon issuance of a thirty-day notice to the other party.
Chairman Ian Murray � aye, Susan Cummings � aye, Ralph
Pascucci � aye, Albert Baker � aye, Paul Griffen � aye, Robert Park - aye,
Laurie Griffen � absent, and Barney Drumm - absent. 6 � 0� Carried
The
next meeting will be Wednesday, August 25, 2004 at 7:30 p.m.
A motion to adjourn was made at 10:10 p.m. by Ralph Pascucci and seconded by
Susan Cummings. Chairman Ian Murray � aye, Susan Cummings� � aye, Ralph Pascucci � aye, Albert Baker �
aye, Paul Griffen � aye, Robert Park � aye, Laurie Griffen � absent, and Barney
Drumm - absent.� 6 � 0� Carried
Respectfully
submitted,
Ruth
L. Drumm
Clerk