May 26, 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

Also attending: Sign-in sheet on file with the Planning Board Clerk.


Approval of Minutes: All board members present had read the minutes of the April 28, 2004 meeting.  A motion was made by Robert Park and seconded by Susan Cummings to accept the minutes of April 28, 2004 as written.  Chairman Ian Murray – aye, Ralph Pascucci – absent, Albert Baker – absent, Paul Griffen – absent, Robert Park - aye, Laurie Griffen – aye, Susan Cummings - aye. 

Carried 7 - 0





#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.  Walt Taras addressed the board.  He referred to a letter received from James Meacham, P.E. of the NYS Department of Health which stated that the fifth lot “gifted” to his sister would not count as the fifth lot subject to the realty subdivision regulations since it does not meet the definition of the “sale, rental or offer for sale or lease”.  It was noted in the determination that the “sale, rental or offer for sale or lease” of one more lot, less than 5 acres in size, within the next 3 years would require the entire parcel, including the previously sold lots, to be subject to the realty subdivision regulations.  Chairman Ian Murray acknowledged that it is a minor subdivision and Walter Taras completed a short Environmental Assessment Form (EAF). Neighbor notification and the public hearing were done last month. Walter Taras stated that one lot has an existing well and two wells are being drilled now, one at 35 feet resulted in 12 gallons per minute.  Town Engineer Kenneth Martin requested that he add the perc and deep hole test results on the subdivision map along with the building envelope.  Kenneth Martin noted that the perc tests were all less than 2 minutes. It was also suggested that he reduce the building envelope by 50% and move the homes back.  Ralph Pascucci suggested that he place two of the driveways side-by-side. This will reduce mailbox sprawl. 


A motion was made by Paul Griffen to approve the subdivision with conditions and seconded by Ralph Pascucci.  The conditions are that the perc, deep hole test results, and the reduced building envelope are on the map and that two of the driveways be side-by-side, subject to Town Engineer Kenneth Martin’s review. Chairman Ian Murray – aye, Ralph Pascucci – absent, Albert Baker – absent, Paul Griffen – absent, Robert Park - aye, Laurie Griffen – aye, Susan Cummings - aye. 



Chairman Ian Murray announced that the R.J. Valente sand mining Special Use Permit application has been removed from the agenda because the board cannot take any action on it until the SEQR process is complete.  The DEC has the permit in hand but it has not been formally accepted.  The comment period is open and comments should be mailed to the DEC.  He stated that he will allow public comment later in the meeting under Old Business and that Public Hearings will be held by the DEC and Planning Board once we are further into the process. 


Returning Sketch Plan Review

Barlok & Roohan, Applicants                               E.M. Mease, Owner

519 Broadway                                                            130 Southard Rd.

Saratoga Springs, NY 12866                          Saratoga Springs, NY 12866

Rural District, S/B/L 181-1-12.1


Applicants propose an 11 lot subdivision (minimum lot size is 4.10 acres) on 69.11 +/- acres on Southard Rd, with 5.71 acres being retained by the current owner, Toni Mease.  Dave Carr of the LA Group addressed the board representing Barlok & Roohan, the applicants.  He stated that after walking the site with the Planning Board and doing test holes the sketch plan was reworked and the number of lots was reduced from the initial 21 lots proposed on February 25, 2004 to 10 lots ranging from 4.1 acres to 10.5 acres.  Dave Carr noted that all the lots but one, meet the 200 ft. frontage requirements and with some line adjustments and a longer cul-de-sac they could all meet the requirements.  After considering the neighbor’s concerns regarding obstruction of their view of the countryside, an air photo was taken and presented by Dave Carr.  He superimposed the air photo over the sketch plan and positioned the home sites to protect the existing neighbors view sheds as much as possible.  The buyers would be restricted as to where they can place the homes.  Chairman Ian Murray stated that he would like to place deed restrictions against any further subdivision of Lot 6 and Lot 10. 


Chairman Ian Murray then allowed public comments and the following voiced their concerns: Dr. Baran, Penelope Benson Wright and Sam Aldridge all had concerns regarding adequate water supplies.  Vernon VanArnum – sewage concerns and disappearing farmland and Lloyd VanArnum had concerns about overcrowded roads. 


Chairman Ian Murray asked if hydrology tests have been done?  Dave Carr stated not yet and that only soil tests and shallow and deep hole tests have been done so far. They thought that they would first come up with a land plan and then go further with the hydrology. Albert Baker asked the reason for reworking the plan and Dave Carr responded that the redesign was partly due to the soils and septic requirements.  He thought that conventional septic systems could be used, some areas had better soil than others did though.   The board thought it was a good plan and they will return. Returning



Special Use Permit

Case #04-10 Marc DeCastro

                     197 Hanehan Rd.

                     Schuylerville, NY 12871

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.  He stated that he would be fabricating ductwork at the site as Saratoga Sheet Metal.  He does not have any employees and if he needed to expand the business he would locate it elsewhere.  He stated that no deliveries are made here as he picks up the sheets of metal in his own pickup.  He plans to store the ductwork in the new barn along with farm equipment. The neighbors were notified.  Chairman Ian Murray stated that this is a Home Industry. 

Proof of notice having been furnished Chairman Ian Murray opened the Public Hearing.

The following spoke in favor of granting the Special Use Permit:

Steve Bodnar, 165 Hanehan Rd.

Sue Cummings, 200 Hanehan Rd.

No one spoke against granting the permit.

Ralph Pascucci made a motion to grant the Special Use Permit for the Home Industry consisting of a Sheet Metal Fabrication Shop and Albert Baker seconded it. Chairman Ian Murray – aye, Ralph Pascucci – absent, Albert Baker – absent, Paul Griffen – absent, Robert Park - aye, Laurie Griffen – aye, Susan Cummings - aye. 

Carried 7 – 0  GRANTED


Special Use Permit


Case #04-11 Michael Giovanone, applicant, Garry Robinson, consulting engineer

                     1427 Route 9P

                     Saratoga Springs, NY 12866 

Lake Commercial District, S/B/L 193.06-1-2.


Applicant is seeking a special permit for multi-family housing located on Route 9P, Saratoga Lake. Applicant is proposing 3 buildings with a total of 32 units. Garry Robinson, Consulting Engineer, addressed the board.  Chairman Ian Murray requested that he return when the requested documentation noted at the February 25, 2004 meeting are completed and submitted.  The requested information was a letter from Jim DiPasquale of the Saratoga County Sewer District stating that they have the capacity to service the project, submittal of proof of a storm water pollution prevention plan, and to recalculate the density on the buildable lot. TABLED




Pre-submission Conference – Special Use Permit

Barney Drumm

193 Casey Rd.

Schuylerville, NY 12871

S/B/L# 182.-1-28 Rural District


Applicant is seeking a Special Use Permit for a sawmill on his 10-acre parcel at 193 Casey Rd. Barney Drumm addressed the board.  Robert Park asked how the mill would be powered and Barney Drumm explained that a diesel engine would be used.  Barney Drumm added that he would have a planer.  He also stated that there is a 120-ft. hedge buffer between the nearest neighbor’s property line and that the property is wooded.  He noted the hours of operation will be six days a week from 8:00 a.m. until 6:00 p.m. and that log trucks will be coming in and the logs will be stored outside.  He will be doing custom sawing and retail sales.  He has spoken to the neighbors and no opposition was found.  He will return next month with a final application and a Public Hearing.  RETURNING NEXT MONTH


Old Business: Chairman Ian Murray opened the floor for public comment on the

R. J. Valente sand mining application. 

Kristi Carrara – voiced concerns regarding the following: traffic, school buses, animal habitats, area of historical preservation, trash on the property, DEC in control in the future and not the Town.  She requested a full Environmental Impact Study done by the DEC.  She supplied a copy of a petition with over 160 signatures so far, asking the Planning Board to deny the Special Use Permit before DEC’s ruling.  She also stated that she is petitioning the Town Board to change the zoning to eliminate mining as a Special Permitted Use.


Chairman Ian Murray stated that the board is responding to the DEC with their concerns.  He added that a full Environmental Impact Study is being done by the DEC, which notifies other involved agencies such as the Department of Transportation.  He added that the Planning Board couldn’t approve or deny the Special Use Permit while the application is in process, which includes the full SEQR.  Paul Griffen noted that the property owner has rights and is due the process. 


Mark Overholt – questioned why the zoning was changed from Moderate Density to Rural Residential and he was told that in accordance with our Comprehensive Master Plan it was made less dense by being rezoned Rural Residential because in that district more land is required per lot (was 40,000 sq. ft. as Moderate Density and is now 60,000 sq. ft.  per lot as Rural Residential). 


Kenneth Herrington – water concerns


Unidentified person- surrounding property values go down


Anthony Holland, 112 Chelsea Drive- noise, dust, fumes, and traffic concerns


Becky DeWitt – thanked the board for allowing them to speak


New Business: Chairman Ian Murray asked the board to look over the Draft of the proposed Planned Unit Development (PUD) and to give any additional comments or corrections to Chairman Ian Murray or Supervisor Thomas Wood by Tuesday, June 1st.


The board finalized their comments for the letter to the DEC regarding the R.J. Valente mining permit.  It will be reviewed by Town Attorney William Reynolds and then sent out.


The next meeting will be Wednesday, June 23, 2004 at 7:30 p.m.


A motion to adjourn was made at 9:45 p.m. by Susan Cummings and seconded by Ralph Pascucci. 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



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