�
TOWN OF SARATOGA
PLANNING BOARD
MINUTES -
DRAFT
March 22, 2006
- 7:30 PM
Chairman
Ian Murray called the meeting to order at 7:30 p.m.
Clerk
Catherine Cicero called the roll.�
Chairman Ian Murray � present, Vice-chair Susan Cummings � present,
Ralph Pascucci � absent, Paul Griffen � absent, Robert Park � present, Laurie
Griffen � present, and Patrick Hanehan � present.�
Approval
of Minutes: All board members present had read the minutes of the February 22,
2006 meeting. A motion was made by
Robert Park, seconded by Patrick Hanehan, to accept the minutes of February 22,
2006 as written. Susan Cummings � aye, Patrick Hanehan � aye, Laurie
Griffen � aye, and Robert Park � aye. Chairman Ian Murray abstained from the
vote because he was not at the last meeting. Carried 4� 0.
Order of Business:
Approvals
Ronalee Myers
43 Chestnut St.
Schuylerville, NY�
12871
S/B/L 157.62-1-1 & 20.2 Village Extension
Ronalee Myers is seeking
Planning Board approval to construct a second residence on her property
pursuant to Town Zoning Regulations.�
Mrs. Myers stated that she would like to add an additional house in the
back portion of the property, away from neighboring homes.� She plans to use the existing driveway for
both houses.
Mrs. Myers presented a map
from the County showing that the lots have been combined.�
Chairman Ian Murray read from
Page 8 of the Town of Saratoga Zoning Regulations, which refers to Multiple Uses:� (Amended by Local Law No. 2 of 1983)� Unless otherwise allowed���������������������������������������� by this local law, no more
than one principle building and/or use shall be established on any lot except,
however, that upon application to and approval by the Town Planning Board more
than one (1) one-family detached dwelling unit may be placed on a lot provided
that each one-family detached dwelling unit is so sited as to meet the minimum
area, width, frontage and yard requirements of the Zoning district in which
said lot is��������������������������������������������� situated.� Additionally, every one-family dwelling unit
so placed shall be served by a separate sanitary sewer and water supply
required by Article IV , Section 2 and Section 3 of this local law.��
Chairman Ian Murray then read
from page 48, footnote (2) to Section 4 Village Extension District, which
states:� [Frontage] May be reduced to 100 ft. if in a subdivision served by
internal streets or if served by public sewer.��
Chairman Ian Murray reported
that he had discussed the situation with Town Attorney William Reynolds who
advised that, as the last house on a dead-end street, the dead-end would be
considered an internal street in conformance with the Town zoning
regulations.� Chairman Ian Murray
suggested that any new residence be hooked to the public sewer line.
�����
Mrs. Myers said that she will
probably connect to the public sewer in the future, but did not have immediate
plans to build.� She was directed to
contact the Mayor of the Village of Schuylerville.
There followed a brief
discussion on what would happen if the lot was ever subdivided in the future.
The Board determined that
Mrs. Myers was in compliance with Town Zoning Regulations.� NO
ACTION NECESSARY.
Subdivisions
Saratoga Farms, LLC, Applicant
Saratoga Trails
Suite 200-2875/South Ocean Blvd.
Palm Beach, FL�
33480
S/B/L 156-3-32 Rural Residential
Returning Applicant proposes
a 7 lot subdivision on 96.49+/- acres at 125 Burgoyne Rd.� The average lot is proposed to be 14 acres,
with a deed restricted horse trail system.
Dave Carr addressed the Board
on behalf of the Applicant, David McKibbin, who was unable to make it to the
meeting.� He reported that the Planning
Board had gone on a site walk of the property, led by neighbor and Town
Councilman Fred Drumm.�
He added that Town Attorney
William Reynolds has reviewed the easements and other documents related to the
subdivision and made comments.� (That
memorandum has been made a part of the permanent file of this application.)
There followed a lengthy
discussion on a number of conditions that had to be met in order to grant the
application for subdivision.� Those
items are enumerated as follows:
Laurie Griffin confirmed that
all houses would be built behind the tree line.� Dave Carr stated that the covenants of the Home Owners
Association state that residences may not be built in the open fields.� The covenants provide for the siting of
houses, and the ownership and maintenance of the horse trails.� Dave Carr pointed out that Note 9 of the HOA
agreement provides for an easement over the horse trails for ingress and egress
to the properties.� Chairman Ian Murray
noted that Town Attorney William Reynolds will review all language in the HOA
before the maps are filed with the County.
Susan Cummings asked about
the possibility of adding a picnic area along the creek.� Dave Carr responded that there were concerns
about impacts on Lot 2.
Chairman Ian Murray asked the
Board if there were any further questions.�
There were none.
Chairman Ian Murray noted
that a public hearing had been conducted in January for this application, and
that the Board has the authority to waive a second public hearing.� Due to the fact that only one person had
strong feelings about the project at the public hearing, and that person had
gone along on the site walk, and the fact that little had changed in the
application since the public hearing, Chairman Ian Murray suggested that the
Board waive the necessity of a second public hearing.� Patrick Hanehan stated that he had no objections to the waiver, but
did not want to set a precedent for other projects. There were no objections
from the other Board members.
Laurie Griffen
made a motion, seconded by Susan Cummings, to waive the second public hearing
because little had changed in this matter since the first one.� Chairman Ian Murray � aye, Susan
Cummings � aye, Patrick Hanehan � aye, Laurie Griffen � aye, and Robert Park �
aye. Carried 5� 0.
Robert Park read the short
Environmental Assessment Form, which was completed by the Board.� Robert Park made a motion, seconded by
Laurie Griffin, to accept the documents as presented, declare the SEQR review
complete, and make a negative declaration regarding the subdivision.� Chairman Ian Murray � aye, Susan Cummings � aye,
Patrick Hanehan � aye, Robert Park � aye, Laurie Griffen � aye. Carried 5� 0.
Chairman
Ian Murray made a motion, seconded by Laurie Griffin, to grant the application
with the conditions enumerated. Chairman Ian Murray � aye, Susan Cummings �
aye, Patrick Hanehan � aye, Robert Park � aye, Laurie Griffen � aye. Carried 5� 0. GRANTED WITH CONDITIONS
Sketch-Plans
Michele Rifenberg, Applicant
216 Hayes Rd
Schuylerville, NY�
12866
169-1-25 Rural
Michele Rifenberg spoke to
the Board regarding her proposal to subdivide a 6.5+/- parcel into one 3.5+/-
acre lot and one 3+/- acre lot.� Ms. Rifenberg
plans to build a residence for herself on the 3.5+/- acre lot in the near
future.
Ms. Rifenberg began by
clarifying that she would prefer to keep 4.5+/- acres from the 6.5+/- parcel
and sell off a 2 acre parcel.� She said
she would like more space around her residence for privacy, and explained that
she was able to reconsider the subdivision when she learned that she could move
an existing telephone pole. Ms. Rifenberg reported that there is an old septic
system on the property from a mobile home that had been there, but the mobile
home is gone and the property is now vacant.
Chairman Ian Murray noted
that there is a vertical curve on a hill and a steep embankment on the property
that will constrain construction.� He
added that site distances for a driveway would be right over the curve.� That situation must determine where the
subdivision can be made.
There followed a discussion
on the topography of the parcel.�
Chairman Ian Murray stated that the driveway cut could not be made over
the curve and the hill.� The Board could
not approve a
subdivision that would result
in an unsafe driveway cut.� There
followed another discussion regarding the proper placement of the subdivision
and the driveway cut.� Chairman Ian
Murray directed Ms. Rifenberg to discuss this matter with her surveyor and said
that Ms. Rifenberg needs to have a survey conducted before the Board can
approve the subdivision anyway.� Susan
Cummings advised Ms. Rifenberg to work with the surveyor on the proper
placement of her residence so she doesn�t �shortchange� herself on the
subdivision.� Chairman Ian Murray also
directed Ms. Rifenberg to have her surveyor investigate the wetlands at the
back of the property, which would affect the placement of a house on either
lot.
Chairman Ian Murray noted
that there is a seasonal stream on the property.� Ms. Rifenberg said that she intends to use a culvert system to
divert water from the property.
In response to a question
from Chairman Ian Murray, Ms. Rifenberg stated that the single-wide trailer had
been gone for 2 years.� She noted that
the proposed house will have 3 bedrooms.
Town Engineer Kenneth Martin
commented that the soils are heavy on the lot, and that Ms. Rifenberg will have
to have a perc test done.� He added that
she will have to have someone investigate and design a new septic system.�
Ms. Rifenberg was directed to
complete a final subdivision application, have a perc test done, and have the
land surveyed before returning.� RETURNING
Saratoga Builders, LLC, Applicant������� ����������� Valente
Realty Partners, Owner
8 Campion Lane��������������� ����������� ����������� 315
Partition St.
Saratoga Springs, NY 12866� ����������� Rensselaer, NY
12144
Dan Barber, of Saratoga
Builders, LLC, and Jason Tommelle, of Tommelle Associates, addressed the Board
regarding a proposal to create a conservation subdivision consisting of 35
building lots on 80.41+/- acres, including 36.4+/- acres of green space and a
horse farm.� The proposed subdivision
would be located at the intersection of NYS Rte 29 and Louden Road.
Dan Barber explained the
proposal, noting that the only wetlands on the parcel are located on a small
corner near Rte. 29.� All subdivision
roads will be off of Louden Road with the exception of one driveway for Lot 35,
which will be off of Rte. 29.� Lot 35
will be a small horse farm consisting of 36.44+/- acres, designated as part of
the proposed green space.� There is also
a proposed green space trail, consisting of 10 acres, that goes all around the
parcel, to be used by all the property owners of the subdivision by easement,
for mountain bikes, horseback riding, and cross-country skiing.� No motorized vehicles would be allowed.
In response to a question
from Chairman Ian Murray, Dan Barber said there would be no home owners
association to maintain the trail; ownership of the easements should cover any
liability issues resulting from use of the trails.� The homes will be built at the high end of the hillside so
nothing will be seen of the development except one house that will be built
where there is an existing old barn.�
Dan Barber noted that the shaded area on the map is steep.
Chairman Ian Murray said that
he would like to see the grade altered or laid back, and re-vegetated where the
mining cut stops on the property.� He
recommended that the mining area be stabilized.
Dan Barber said that the
barns on the property will be torn down and removed, and the old car and debris
on the property will be cleaned up. He said that money will be budgeted to
clean the site.
Laurie Griffen said the Board
is looking for creativity in proposed subdivisions, and commented that the
proposal has a �cookie-cutter� look to it.�
Jason Tommelle stated that the developers are constrained by a ridge
that runs through the property.� He said
the agricultural character of the land can be re-established along Rte 29, and
that the character of the upper part of the property can be changed by grading.
Dan Barber responded that there is some creativity in land owners being able to
own recreational property beyond their own lot, and access nearby recreational
areas without having to travel. Land owners might also be able to board horses
at the nearby horse farm.
Laurie Griffen repeated that
she would like to see some creativity in the design.� She said that the Board is seeing a lot of designs that
incorporate horse farms, but would like to see something in the nature of
recreational space for children, such as soccer fields, or parks.� She addressed this comment to the Town in
general as well, stating that there is a real need for these types of
space.� She said that she is asking for
ideas.� Jason Tommelle responded that
this property doesn�t lend itself to that type of space because of its
proximity to a main thoroughfare.� He
repeated that the land has an agricultural look to it.
Chairman Ian Murray said that
he would like to walk the property and have time to digest the proposal before
moving forward from the sketchplan stage.�
He said that he needed to work from a survey and added that he wasn�t
crazy about the pie-shaped lots.
Susan Cummings commented that
the angle of the Louden Road intersection with Rte 29 is dangerous, and the
traffic from the proposed subdivision will exacerbate the situation.� She said that the issue of additional traffic
and safety needs to be raised.� Chairman
Ian Murray suggested that a land swap might be made with the landowner to
lessen the angle of the intersection.
Laurie Griffen stated that
this situation has to be taken into account when the traffic study is
done.� There followed a discussion of
the traffic along Rte 29.
Robert Park reminded the
Board that the Town of Northumberland would have to be notified of this
proposal, pursuant to recently enacted State zoning laws.
Chairman Ian Murray set up a
site walk of the property by the Board for March 28 at 3:00 p.m.
RETURNING
SUPs/Pre-Submission Conference
Jeffrey & Deborah Dooley, Applicants
111 Condon Rd.
Stillwater, NY�
12170
S/B/L 193.-1-7.3 Rural
Applicants are seeking a
Special Use Permit to operate a boat storage facility on their 4.6+/- acre
lot.�
In response to a question
from Chairman Ian Murray, Mr. Dooley stated that the character of the soil is a
mixture of sand and clay.� He said the
driveway has a good base with fabric underneath.
Chairman Ian Murray explained
the new driveway regulations, and Town Engineer Kenneth Martin provided the
Applicants with a copy.� Mr. Dooley said
that his driveway is 30� wide and that the water drains off of it.
Chairman Ian Murray clarified
that there would be no maintenance or repair of boats on the property.� Mr. Dooley stated that he intends strictly
indoor storage in the single story building. Storage will be seasonal�just over
the winter. There will be no sign out front because he intends the property to
maintain its residential look.�
Chairman Ian Murray explained
that the Town allows only boat storage at present, but later may revise its
zoning regulations to provide for the storage of RVs.� If the regulations are revised, Mr. Dooley would be able to store
RVs as well.
In response to a question from
Chairman Ian Murray regarding sight distances, Mr. Dooley said that his
driveway is located on the straightest part of the road, and that he can see
far down both directions of the road when pulling out.
Mr. Dooley was directed to
provide notification to his neighbors for a public hearing next month.� Planning Clerk Catherine Cicero provided Mr.
Dooley with a list of his neighbors that need to be notified.� RETURNING
Bill Ippoliti
133 Schuyler St.
Victory Mills, NY�
12884
S/B/L 170.39-1-12 Village Extension
Applicant is seeking a
Special Use Permit to add a two-family addition onto a two-family unit on 3.162
acres in the Village Extension.�
Chairman Ian Murray read from
page 70 of the Town of Saratoga Zoning Regulations the definition of a multiple
family dwelling:� A building or portion thereof, containing three or more dwelling
units designed and used for occupancy by three or more families living
independently of each other.� [maximum
four]
He then read from page 69 the
definition of a building: �Any structure having a roof
supported by columns or big walls and intended for shelter, housing, or
enclosure of persons, animals or chattel. (emphasis supplied)
Mr. Ippoliti addressed the
Board, stating that he had made revisions in his plans based on concerns raised
by Town Zoning Officer Robert Hathaway and the advice of Town Attorney William
Reynolds that the set of breezeways and buildings did not conform to the
definitions contained in the Town Zoning Regulations.� The breezeways connecting the buildings were eliminated, and the
units are now all contained in a one-story building.� Mr. Ippoliti said that the floors, ceilings, and foundation are
all attached, but the roofline will change due to the grade on the
property.�� He stated that a new well is
being engineered in the back of the property.�
The slope of the property is to the east, and the building is being
built on the flat portion of the land.�
Mr. Ippoliti said that he intends to include a walk-out basement on the
east side of his unit.
In response to a question
from Susan Cummings, Mr. Ippoliti explained that the 4-unit garage couldn�t be
detached because there is no other place for it on the property.� He would like to maintain the view to the
back of the property from his unit.� He
also intends to use the garage as a separator for privacy from the front units.
There followed a discussion
on the best placement of the driveway, given slope and drainage issues.��
Chairman Ian Murray asked the
Board if there were any further questions.�
There were none.
Proof of notice having been provided by newspaper on
March 15, 2006, Chairman Ian Murray opened the Public Hearing at 9:05 p.m.,
asking that anyone having comments provide their name, address, and state
whether they were for or against the proposal.�
No one appeared to speak regarding the project; the
Public Hearing was closed at 9:05 p.m.
Chairman Ian Murray
instructed Mr. Ippoliti to re-engineer the drawings and move the driveway.� Mr. Ippoliti said the utility pole would be
relocated in the new drawings, and that he would be installing a curtain
drain.� Chairman Ian Murray said it
would be possible to shift the back portion of the building if Mr. Ippoliti
wanted to do that.� Town Engineer
Kenneth Martin requested the roof elevations for the buildings.� He noted that the property already had
engineered septic systems.� RETURNING
Information
Barney & Shirley Drumm
139 Coveville Rd.
Schuylerville, NY�
12871
S/B/L 182.-1-68 Rural
Mr. and Mrs. Drumm are
seeking advice from the Board regarding the possible subdivision of a
prospective purchase of 14+/- acres.
Mr. and Mrs. Drumm explained
that, if purchased, the property would adjoin their current property in the
back.� They would like to do a lot-line
adjustment to add this property to the existing deed; then leave a portion of
the new property that contains a residence.�
That remaining lot would be non-conforming, but similar to other parcels
in the immediate area.� There is a
trailer situated on part of the purchase property, which the Drumms would like
to retain.
The Board determined that the
request for information could be treated as a petition.� Laurie Griffen made a motion to deny the
request for subdivision, and refer the matter to the Zoning Board of Appeals
with a recommendation to grant a variance because the non-conforming lot would
be consistent with other lots in the area, giving the neighborhood the
characteristics of a hamlet, although that area is not designated as such.� Susan Cummings seconded the motion.
Chairman
Ian Murray � aye, Susan Cummings � aye, Patrick Hanehan � aye, Robert Park �
aye, Laurie Griffen � aye. Denied 5� 0.
REFERRED TO THE ZONING BOARD OF APPEALS WITH A RECOMMENDATION TO GRANT THE
VARIANCE
Old Business:
Saratoga Farms, Inc., Applicant������� �����������������������
173 Co. Rd. 69
Schuylerville, NY�
12871������ ����������������������� �����������
S/B/L 182.-2-15.11 Rural
The Board discussed the
recent stop work order that was issued by Town Engineer Kenneth Martin to
Walter Taras regarding this proposed subdivision, and the recourse available to
the Town in response to permit violations on the property.� Chairman Ian Murray stated that Mr. Taras
has gone well beyond the pre-construction stage, and that the trees that he
removed were the only trees on the property.
New Business:� Town Supervisor Tom Wood reported that Mr. Pravda has
submitted an application for a PUD to the Town Board.� He explained that a supermajority of the Board can vote to rule
that a PUD is permissible on less than 3 acres of property.� He said that the Town Board has a lot of
concerns regarding the proposal.
Town Supervisor Tom Wood said
that he is investigating Mr. Pravda�s claim that he has 14 sewer hook-ups with
the County Sewer District.
Town Supervisor Tom Wood next
reported that the Town is currently working on designating a zoning district
for adult-use business pursuant to State law.�
He explained that Town Attorney William Reynolds has done considerable
research on this matter. The Town is looking for a remote and out-of-the-way
location that would deter use.� Laurie
Griffen clarified that no request has been made for such use, but the Town is
looking to get ahead of the curve on this issue.� Town Supervisor Tom Wood said that he was looking for input from
the Planning Board.� Susan Cummings
stated that juice bars should be banned because they can permit minors in
adult-use businesses within the district.
Town Supervisor Tom Wood
explained that Towns can cooperate to designate a mutual district.� Robert Park noted that it would be in the
interests of the Villages to join with the Town.
Town Supervisor Tom Wood said
that this is an emotional issue and that he would be putting information on the
Town website to gain input from Town residents.� A public hearing will be scheduled as well.� He would like the Town to move quickly to
take control of the situation, and hopes to have new regulations approved at
the May Town Board meeting.
�The
next meeting will be April 26, 2006.�
A motion to adjourn was made at 10:27 p.m. by Susan
Cummings, and seconded by Robert Park. Chairman Ian Murray � aye, Susan
Cummings � aye, Patrick Hanehan � aye, Laurie Griffen �aye, and Robert Park �
aye. Carried 5� 0.
Respectfully
submitted,
Catherine
E. Cicero
Planning Clerk