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TOWN OF SARATOGA
PLANNING BOARD
MINUTES -
DRAFT
March 28, 2007
- 7:30 PM
Chairman
Ian Murray called the meeting to order at 7:34 p.m.
Planning
Clerk Catherine Cicero called the roll.�
Chairman Ian Murray � present, Ralph Pascucci � present, Paul Griffen �
present, Robert Park � present, Laurie Griffen � present, Patrick Hanehan �
present, Robert McConnell � present, and Alternate Jennifer Koval �
present.�
Approval of Minutes: All
Board members present had read the minutes of the February 26, 2007 meeting. A motion was made by Laurie Griffen,
seconded by Patrick Hanehan, to accept the minutes of February 26, 2007 as
written. Chairman Ian Murray � aye, Robert Park � aye, Patrick Hanehan �
aye, Paul Griffen � aye, Robert McConnell � aye, Ralph Pascucci � aye, and
Laurie Griffen � aye. Carried 7 � 0.
Order of Business:
Subdivisions
Willard F. Chamberlin Trust, Applicant
143 Circular Street
Saratoga Springs, NY�
12866
S/B/L 155.-1-46.11, 46.2, and 46.3 Rural Residential
Returning Applicant proposes
a 28-lot conservation subdivision on 89.7 +/- acres on the north side of Rte
29, across from Bryants Bridge Road, to be named Schuyler Hills.
Peter David, of the LA Group,
addressed the Board on behalf of the Applicant, and gave a brief history of the
proposal as well as an update from the last meeting.� Mr. David reported that he expects a response from SHPO within
the next 2 months and has not yet received a response from NYS DOT. He added
that he has met with a representative of the Army Corp of Engineers, who
commented positively on the plans to avoid the wetlands as much as
possible.� The plans have been revised
pursuant to the Board�s instructions at the February meeting, and a couple of
grading plans have been submitted regarding Lots 8 and 25.� Mr. David said that guardrails have been
added to the entrance road in certain areas where the fall would be over 10�.
Mr. David presented elevation
sketches of sections of the subdivision to show what it might look like from
the road.� Ralph Pascucci said that a
section is misleading.� He wants to know
what the actual elevation will look like, and reminded Mr. David that he was
supposed to inventory the existing trees. Ralph Pascucci said that his concern
is with losing something that would be extremely difficult to recover.� Mr. David said that he will delineate a
no-cut area on the maps where there will be absolutely no clearing.� Ralph Pascucci said that he wants to make it
perfectly clear to excavators or clearers so the message isn�t lost.� Town Engineer Kenneth Martin gave an example
where trees were marked and the trees disappeared anyway.
Patrick Hanehan questioned
whether a forester should be sent in to mark the trees.� Chairman Ian Murray stated that it might be
premature to do that.
A discussion followed on how
best to keep the large trees from being cut down during construction of the
road and houses.� Ralph Pascucci noted
that cuts and fills tend to �spread out� due to the operation of large machinery.� Mr. David said that he would take a
photograph of the property and superimpose houses to give a sense of what the
subdivision will look like when finished.�
He noted that there is probably less of a sight-line coming down the
hill than when driving in the other direction. Chairman Ian Murray recommended
that the clearing plans for Lots 15 and 16 be tightened up even more.
A discussion followed on the
seed mix to be used on various areas of the subdivision.
Town Engineer Kenneth Martin
said that more work needs to be done on the steep slopes with regard to the
internal road, and reported that Town Highway Superintendent David Hall has
expressed concerns with that as well.
Chairman Ian Murray said that
he wanted to see footages on the maps concerning the no-cut areas and the
buffer.� In response to a question from
Patrick Hanehan, Mr. David explained that the whole circumference would be a
no-cut area, as well as some internal areas.�
Mr. David said that a Home Owners Association (HOA) will be set up to
maintain the undeveloped land.
Chairman Ian Murray asked the
Board if there were any further questions; there were none.
Proof of notice
having been furnished by newspaper on March 20, 2007, Chairman Ian Murray
opened the Public Hearing at 8:00 p.m., asking that anyone having comments
provide their name and state whether they were for or against the proposal.
Charlie Hanehan�Commented that he and his brothers own the farmland on the north and west side of the proposed subdivision and that he appreciates the incorporation of buffers and no-cut areas around the subdivision.� He asked if there was any practical way, aside from the agricultural data statement on the maps, to advise people that there is farming to the north and west.� Chairman Ian Murray and Ralph Pascucci suggested that something could be included in the deed description.
Bernard DeFelice�Does not disapprove of the project, but raised safety concerns about the increased traffic along NYS Rte 29 from both this subdivision and from Burgoyne Estates on Burgoyne Road, particularly since the area in front of the subdivision is one of the few passing opportunities along the highway.�
A long discussion followed on the dangerous situation that currently exists along that corridor.� Mr. David noted that the entrance to the subdivision would be 408� west of the Bryants Bridge Road intersection.� Patrick Hanehan asked whether a turning lane could be requested from the State.� All the Board members agreed that a safety issue exists.� Chairman Ian Murray explained that the Town has no jurisdiction over this matter, and can only petition the State to do something.� He added that he had spoken with a representative of NYS DOT who was pleased that the subdivision entrance had been moved from its original location across from Bryants Bridge Road.� Town Engineer Kenneth Martin suggested that a request could be made to the State to extend the no passing zone along that section of road.� He compared the situation with a similar problem in Wilton.� Chairman Ian Murray said that he would look into the matter.
David Reulet�Commented
that he lives along the eastern boundary of the proposed subdivision and has
questions regarding the drainage.� Mr.
David explained how the roadside swales would collect run-off; then direct it
toward the basins.� The water is
released back into the wetlands at a rate dictated by NYS DEC.� He added that, by law, no more water can be
released into the wetlands than the amount currently being released without the
subdivision.�
Mr. David also
explained that the stormwater drainage systems would be installed in accordance
with stringent rules set by the Army Corps of Engineers and NYS DEC.
Mr. Reulet asked
whether the development would have drilled wells or a water system.� They would be drilled.� The test wells have been approved by NYS
DOH.
All those wishing to speak having done so,
the Public Hearing was closed at 8:19 p.m.
Laurie Griffin
asked who was responsible for monitoring the flow of water from the basins into
the wetlands.� Town Engineer Kenneth
Martin said that he and NYS DEC determine the natural flow, which is estimated
by software.
Robert McConnell
asked what the price range would be for the houses in the development.� Mr. David did not know and was unable to
provide a ballpark figure.� Chairman Ian
Murray commented that he had been told the parcel would be sold once the
subdivision was approved.
A discussion
followed on when to set up a workshop for the Board to discuss the SEQR review
in this application.� Since necessary
information for the review is still outstanding, no date has been set for the
workshop.� RETURNING
Saratoga Farms, Inc./Taras, Applicant������� �����������������������
173 County Road 69
Schuylerville, NY�
12871������ ����������������������� �����������
S/B/L 182.-2-23 Rural
Returning Applicant proposes
a 35-unit subdivision of single family homes on County Road 69 and Casey
Road.�� Thirty-four lots will range in
size from approximately 1 to 3 acres.�
The thirty- fifth lot will be approximately 58 acres in size, with a
defined building envelope.� The
remaining lands within that lot will be deed restricted and preserved as open
space.� Attorney Robert Pulsifer and
Gavin Villaume of Environmental Design Partnership, LLC appeared on behalf of
the Applicant and briefly recapped the proposal to date.�
A discussion followed regarding
the issue of standing water on properties of single-family homes along Casey
Road.� Mr. Villaume said that the
situation is being looked into so the development doesn�t exacerbate the
problem.� Mr. Villaume said that some
grading and perhaps a berm might be constructed so that no more water flows
onto that property from the subdivision.�
Chairman Ian Murray recalled seeing standing water near those homes even
as a kid, so the problem has been longstanding.� He added that he is concerned about water from the development
draining to the homes on Musket Drive as well.
Chairman Ian Murray said that
he was concerned about holding stormwater elsewhere on the development. Mr.
Villaume said that the grade is higher in other areas of the parcel, and
suggested that dry wells might be installed in order for water to drain below
the frost line during the winter months.�
Chairman Ian Murray cautioned about the proper installation of dry wells
when the water table is so high.
Robert McConnell asked for
clarification that the owner of the large undeveloped parcel would be
responsible for paying taxes on it.
A brief discussion followed
on the possibility of creating wet ponds in various locations in the
development.
Chairman Ian Murray asked the
Board if there were any further questions; there were none.
Paul Griffen made a motion,
seconded by Robert Park, to grant preliminary approval for the proposal.� Chairman Ian Murray asked for a roll-call
vote of the Board:
Chairman Ian Murray � No.�
Chairman Ian Murray said that
he recognizes that the owner has a right to develop his property, and that EDP
has done a great job in developing the plans.�
However, in this instance, he feels that the Board is �handcuffed� by
the conservation subdivision, which clusters houses and contains density, and
does not serve the purpose of preserving the rural character of the land.���
[Attorney Robert Pulsifer
asked that he be allowed to comment briefly that the plans are the result of a
meeting with members of the Board where the developer asked for some direction
in devising his plans.]
Robert Park � Aye.
Patrick Hanehan � No.
Patrick Hanehan said that the
4 lots along County Road 69 should be eliminated.
Paul Griffen � Aye.
Laurie Griffen � Aye.
Ralph Pascucci � Aye.
Ralph Pascucci said that he
concurred with Chairman Ian Murray�s comments, but felt that he had to vote to
grant preliminary approval because the design fits the rules laid out by the
Town.
Robert McConnell � Aye.
Robert McConnell said that he
agreed with Ralph Pascucci and that the situation is a shame, but the land
owner has done what he was asked to do.
Carried 5-2�
PRELIMINARY APPROVAL GRANTED
Sketch-Plans
Schuylerville Central School, Applicant
14 Spring Street
Schuylerville, NY�
12871
S/B/L 157-1-54 Rural Residential
Applicant proposes to convey,
by lot-line adjustment, 2.874+/- acres of land to T. David Bullard.� The property is located behind the Marshall
House, on the west side of NYS Rte 32 and US Rte 4, 900� north of the Village
of Schuylerville.� Mr. Bullard has no
plans to develop the additional property.�
TABLED AT THE REQUEST OF THE
APPLICANT
Arthur Kemmet, Applicant
183 River Road
Schuylerville, NY� 12871
S/B/L 209.13-1-17 Conservancy
Returning Applicant is
proposing a three-lot subdivision on the 22.91+/- acre parcel situated
primarily between NYS Rte 4 and River Road.�
Lot 1 is 1.85+/-acres, Lot 2 is 7.18+/- acres, and Lot 3 is 13.81+/-
acres. The parcel straddles NYS Rte 4 and has additional road frontage on
Wilbur Road.� TABLED AT THE REQUEST OF THE APPLICANT
Michael Vitaliano, Applicant
6 Huron Road
Shirley, NY�
11967
S/B/L 156-2-9 Rural Residential
Applicant is proposing to
construct eight 3-unit buildings on 49.89+/- acres located between Beaver
Street and Wall Street along NYS Rte 29.�
To achieve his desired density, the Applicant proposes a
state-of-the-art wastewater treatment system for all the building units that
�uses less space, emits no odor, and has the ability to remove up to 97% of the
nitrates in the effluent.�
Michael Vitaliano and Hank
Kuczynski presented an overview of their proposal to the Board, stating that
they intend to develop only 10% of the site, with the remaining 90% being left
in its natural state.� The plans include
8 units on half-acre sites, a stormwater collection area, a recreation area,
and the septic system.� Mr. Vitaliano
handed out a sketch of what the units would look like and an informational
sheet on the septic system, which he briefly explained.� He said the community would be
self-contained with very little impact on the Town. The units would be located
on a plateau on the property, so few trees will have to be taken out, and the
visual impact from NYS Rte 29 and Wall Street would be minimal. The units would
not be visible from Beaver Street.� A
HOA would be established to maintain all internal roads, and pay for the sewage
treatment, lighting, landscaping, and maintaining the open space.
The majority of the Board�s
questions were directed to the proposed septic system, which Mr. Vitaliano
explained runs on electricity. The system operates 24/7and is monitored from a
remote location by an operator trained and employed by the HOA. It will be
located in a flat area near NYS Rte 29 and will be gravity-fed by the slopes.
The septic unit will be located entirely underground except for a small hut,
which will house the controls. The treated water is �gray water,� which can be
released into the surrounding wetlands with a NYS DEC permit. He said that the
system meets all federal and State standards, named several instances in the
region where such a system is in use, and directed the Board members to the
internet [www.cromaglass.com] for more information.
Ralph Pascucci commented that
20% of the parcel is wetland; therefore, 70% is open space, once the wetland calculation
is removed.
Chairman Ian Murray explained
that the proposal does not conform to existing Town Zoning Regulations, so the
Applicant should pursue his proposal with the Town Board through the Planned
Unit Development (PUD) process.� He also
advised Mr. Vitaliano to deed-restrict the open space and to develop a HOA
contract.� He added that there are some
steep slopes on the property that might have to be taken out.� Ralph Pascucci commented that some of the
units might have to be eliminated from the plans.
Chairman Ian Murray thanked
Mr. Vitaliano and Mr. Kuczynski for showing the Board the proposal and referred
them to the Town Board, stating that the Planning Board was �comfortable� with
the project.
David and Jane Sheeran, Applicants
176 Burke Rd
Saratoga Springs, NY�
12866
S/B/L 181-1-26 Rural
Returning Applicants propose to divide their 34.39+/- acre lot into four lots: Lot 1 would be 4.99+/- acres, Lot 2, with an existing house, would be 3.43+/- acres, Lot 3 would be 12.87+/- acres, and Lot 4 would be 13.0+/- acres.� Applicants were granted a variance of 100� for road frontage for Lot 3 on the March 26, 2007 by the Zoning Board of Appeals.
James Vianna presented the plans to the Board, stating that the shared driveway for Lots 1 and 2 would be relocated on a less steep area and the new driveway, designed by Dave Myers of Myers Engineering, would conform to Town Zoning Regulations regarding driveway standards.� The proposed driveway system will include one road onto Burke Road, which then splits in two, with one driveway being shared with Lots 1 and 2, and the other being shared by Lots 3 and 4.� The existing substandard driveway would be abandoned.� Mr. Vianna commented that, although there is a shared driveway system, all the lots have sufficient road frontage.� He noted that the portion of Lot 3 behind Lot 1 will be designated a no-cut area to maintain privacy for Lot 1.
Ralph Pascucci was concerned that the driveway seemed too much like a private road, stating that he was concerned about setting a precedent in approving the shared driveway system. Mr. Vianna went through the set of easements that has been devised for the driveways.� He said that, without the shared driveway plan, the proposal would not be feasible. Paul Griffen said that he liked the approach but was concerned about driveway maintenance. He added that he liked the idea of eliminating a stretch of mail boxes along the road.� Chairman Ian Murray said that he liked the shared driveway concept and that Town Zoning Regulations are moving in that direction; however, currently such proposals are granted by the Planning Board on a case-by-case basis.
Chairman Ian Murray said that he had suggested that the Applicant subdivide the parcel into three estate lots.� He thought that would eliminate some of the Board�s concerns and make the property more attractive to buyers. Patrick Hanehan suggested that approval be contingent on Lot 4 being constrained from putting in a separate driveway, and that the no-cut area behind Lot 1 be deed-restricted.
Chairman Ian Murray requested that Mr. Vianna look into adding some vegetation that would support the wetlands in the front of the property.� Mr. Vianna said that the proposal does not come close to any of the wetlands on the site.
Robert Park suggested that the Board members walk the site, but said that he was agreeable with the plan.� Mr. Vianna requested that the Board grant preliminary approval.
Robert Park made a motion,
seconded by Robert McConnell, to grant preliminary approval.� Chairman Ian Murray asked for a roll-call
vote of the Board:
Chairman Ian Murray � No.�
Robert Park � Aye.
Patrick Hanehan � Aye.
Paul Griffen � Aye.
Laurie Griffen � Aye.
Ralph Pascucci � No.
Ralph Pascucci said that he
did not approve of the driveway structure.
Robert McConnell � Aye.
Carried 5-2�
PRELIMINARY APPROVAL GRANTED
Chairman Ian Murray scheduled
a walk-through of the site for Tuesday, April 10, at 6:30.� The Board members will assemble by the
driveway in front.� RETURNING
Information
Sean Scott
915 NYS Rte 29
Saratoga Springs,
NY� 12866
S/B/L 155.-1-84
Rural Residential
John Farndell, architect for
Mr. Scott, explained that the Applicant wants to move the lot line between two
parcels that he owns in order to construct a garage on a currently non-conforming
parcel.� That parcel would then become a
conforming parcel, but the adjacent parcel, which is now conforming, would
become non-conforming.� He added that
the density in the area will not change and that no further subdivision will
take place.� Although one lot is already
substandard,� Chairman Ian Murray
commented that the resulting non-conforming lot would be �considerably� more
non-conforming than the currently existing non-conforming lot.
Ralph Pascucci said that he
remembered when the lots were first subdivided and that they predated Town
Zoning Regulations.� He said the
non-conforming lot was legal at the time it was subdivided.� He did not foresee a problem with granting
the request, but said that it needed to be checked out.
Chairman Ian Murray stated
that this matter would be considered as a sketch plan so the Board could act on
it.� Ralph Pascucci made a motion,
seconded by Robert Park, to deny the sketch plan application and refer the
matter to the Zoning Board of Appeals with a positive recommendation. Chairman
Ian Murray � aye, Robert Park � aye, Patrick Hanehan � aye, Paul Griffen � aye,
Ralph Pascucci � aye, Laurie Griffin � aye, and Robert McConnell � aye. Carried 7 � 0. DENIED AND REFERRED TO THE
ZONING BOARD OF APPEALS WITH A POSITIVE RECOMMEDATION
Old Business: The Board discussed the difficulty with
trying to monitor developments once they are approved. Robert McConnell
suggested that a penalty clause be included in the language granting a
subdivision and that the trees also be bonded.�
He asked that photos be taken before development begins. Town Engineer
Kenneth Martin related an instance in the City of Saratoga Springs where a
developer was ordered to pay someone to monitor his construction progress for
compliance.
Ralph Pascucci was
concerned that once the parcel for the Schuyler Hills development is sold, the
Town would be dealing with an entity that never dealt with the Planning Board
during the approval process.
Robert McConnell
repeated concerns raised earlier about the dangerous traffic situation that
exists along NYS Rte 29 in front of the proposed Schuyler Hills
development.�
There was a brief
discussion on the signage in front of Giovannone�s boat storage facility and
whether he was in compliance with the approval language of his SUP.�
New Business:� None
The next meeting
will be April 25, 2007.
A motion to adjourn was made at 10:00 p.m. by
Laurie Griffen, and seconded by Patrick Hanehan. Chairman Ian Murray � aye,
Robert Park � aye, Patrick Hanehan � aye, Paul Griffen � aye, Ralph Pascucci �
aye, Laurie Griffin � aye, and Robert McConnell � aye. Carried 7 � 0
Respectfully
submitted,
Catherine
E. Cicero
Planning Clerk