DRAFT MINUTES OF THE
SPECIAL MEETING OF THE TOWN BOARD
OF THE TOWN OF
SARATOGA, 30 FERRY ST.,
SCHUYLERVILLE,
NY
Wednesday,
November 16, 2005
8:00 P.M.
Supervisor Thomas Wood opened the meeting with the Pledge of Allegiance
at 8:12 p.m.
Roll call: Town Clerk Ruth Drumm
called the roll.� Supervisor Thomas
Wood- present, Councilman Bruce Cornell - present, Councilman Charles Hanehan-
present, Councilman Michael McLoughlin � present, and Councilman Fred Drumm-
absent
Also present: Town Engineer Kenneth Martin, Betty Koval, Clarence Fosdick, and Walter Taras�
Public Comments on Agenda Items: None
Old Business:
Supervisor Thomas Wood
reported that a court hearing was held today regarding the cleanup of the
burned out house at 1390 Route 9P owned by Calvin Gong.� Justice Jack Ditch ruled against the town
stating that the condition of the structure didn�t pose an imminent danger to
public health or safety.� After board
discussion, it was decided that the board still feels that it is not a safe
structure and the garbage and debris violates our dumping ordinance.� Town Attorney William Reynolds asked Town
Engineer Kenneth Martin if he would visit the site, communicate the findings to
him, and give a written report of the condition of the building and site.� If it is determined not to be safe, a
violation notice and an Order to Remedy
will be issued.�
Supervisor Thomas Wood
updated the board regarding a structure being constructed without a building
permit by Tom Ruhle at 168 Burgoyne Rd. It is also too close to the property
line.� Zoning Officer Robert Hathaway
issued a Stop Work Order and Tom Ruhle is going to the Zoning Board of Appeals
for a side lot variance. There was also a complaint about manure disposal close
to the property line and a concern by a neighbor about the possibility of it
polluting his well.� Supervisor Thomas
Wood, Zoning Officer Robert Hathaway and officials from DEC, DOH, Farm Bureau,
and the Soil and Water Conservation Service went to the site to assess the
situation.
New business:
Town
Engineer Kenneth Martin was asked to clarify some aspects of the Water
Regulations in Local Law #5.� He
discussed with the board whether the water in a well casing should be
considered as storage. Town Engineer Kenneth Martin stated that he feels� very much against it because the first time
you put water storage in your well you also put in a pump that will pump out
the water at that rate, not knowing whether the aquifer will produce that much
and it may pump it dry. The way to avoid that is with above ground storage and
then regulate the well, pumping at the rate you can pull water out of the
aquifer. The column water would not be enough at peak water usage times.
Another
concern is with monitoring the draw down rate in neighboring wells and whether
there should be a distance requirement in order for that to be required.� Town Engineer Kenneth Martin stated that it
is hard to determine a distance depending on the aquifer.� It could affect it a long ways away.� In individual building lots or minor subdivisions,
it is not mandatory.� In major
subdivisions, it is mandatory.� When
monitoring a neighboring well, pumping from the well is not done, but the water
level in the well is measured. The question then was if it affects the
neighbor�s well, then what? �Town
Engineer Kenneth Martin stated that it then goes to who owns the water under
your land and that you do have a right to the water under your land.�
The
board then inquired about the term a
qualified design professional used in the regulations regarding the testing
of wells and Town Engineer Kenneth Martin responded that it would typically be
a hydro geologist or a professional engineer.�
Walter
Taras spoke to the board about his concerns over the proposed water regulations
and how they would work in different situations.� He asked for the definition of a minor and major
subdivision.� Town Engineer Kenneth
Martin responded that a minor subdivision is 4 lots or less, and a major is 5
or more lots. He then inquired who is required to drill the well and Town
Engineer Kenneth Martin responded that it is tied to the building permit
process.��
Resolution #05-97 � Adopting Local Law #4 of 2005- Building Permit fee
increases, Boat Storage, and Special Use Permit fees was introduced by
Supervisor Thomas Wood and seconded by Councilman Charles Hanehan as
follows:�
WHEREAS, the Town Board of the Town of Saratoga has reviewed
the aforementioned changes and has determined their merit, and
WHEREAS, the Town Board of the Town of Saratoga has held a
public hearing and received input from the townspeople, now therefore be it,
RESOLVED by the Town Board of the Town of Saratoga to adopt
Local Law # 4 of 2005, increasing building permit fees, adding boat storage as
a special permitted use in the Lake Commercial, Rural Residential, and Rural
Districts, and increasing Special Permitted Use fees.
Supervisor
Thomas Wood III � aye, Councilman Bruce Cornell � aye,
Councilman
Fred Drumm � absent, Councilman Charles Hanehan � aye
Councilman
Michael McLoughlin � aye�� Carried 4 � 0
(Local Law #4 of 2005 is on file in the Town Clerk�s office).
The board discussed the
Planned Unit Development (PUD) that has been proposed by Saratoga Builders for
property at Rt. 29 and Louden Rd.� They
need to act at the next board meeting on December 12th or an
extension would be required.� If the
duplexes are removed, then it would be a conservation subdivision and a PUD
would not be required, only Planning Board approval.�� Supervisor Thomas Wood reported that Sam Palazzole of Saratoga
Builders has seemed open to setting aside some land for a satellite station for
the Quaker Springs Fire Department (QSFD) if requested to do so.� It would be an option for the QSFD.�
After some board discussion
on increasing the Town�s liability insurance coverage to 5 million which would
increase the premium by $470 annually, Supervisor Thomas Wood made a motion to increase the liability coverage
from 4 million to 5 million for an additional annual premium of $470. This
was seconded by Councilman Bruce Cornell. Supervisor Thomas Wood III � aye,
Councilman Bruce Cornell � aye, Councilman Fred Drumm � absent, Councilman
Charles Hanehan � aye, Councilman Michael McLoughlin � aye.�� Carried 4 � 0
Supervisor Thomas Wood
presented the board with an anonymous complaint letter regarding a dog, who is
running about the town unleashed and leaving �presents� on lawns. This letter
will be forwarded to Dog Control Officer Rick Sullivan for action.�
�
Supervisor Thomas Wood
explained that we have contracted with General Code to codify our Local Laws,
Zoning Regulations, and Subdivision Standards. The editorial analysis by
General Code of our Local Laws has identified sections of our laws that need to
be changed or updated. We have until November 28th to respond to
their suggestions.� The board reviewed
their suggestions one-by-one. The review excludes the Subdivision of Land and
Zoning Regulations, for now, as that is undergoing substantial revisions by the
town.�
�
Resolution #05-105 � Designation of �Lead Agency�
for Local Law #5 of 2005 � Water Well Regulations was introduced by
Councilman Charles Hanehan and seconded by Councilman Bruce Cornell as follows:
����������� WHEREAS, the Town Board of the Town
of Saratoga is amending the Zoning Ordinance with Local Law #5 of 2005, and
����������� WHEREAS, the approval of Local Law
#5 of 2005 is an Action subject to the provisions of the New York State
Environmental Quality Review Act (S.E.Q.R.) and the regulations promulgated to
implement said Environmental Quality Review Act, and
����������� WHEREAS, the provisions of S.E.Q.R.
require the designation of a �Lead Agency� to determine the environmental
significance of the Action, and
����������� WHEREAS, this agency has complied
with the provisions of S.E.Q.R. pertaining to �Lead Agency� designation, now,
therefore, be it
����������� RESOLVED, that the Town Board of the
Town of Saratoga is hereby designated the �Lead Agency� for the purpose of
conducting the S.E.Q.R. review of referenced Local Law #5 of 2005.�
Supervisor
Thomas Wood III � aye, Councilman Bruce Cornell � aye, Councilman Fred Drumm �
absent, Councilman Charles Hanehan � aye
Councilman Michael McLoughlin
� aye.�� Carried 4 � 0
A motion to adjourn
was made by Councilman Charles Hanehan at 10:05 p.m. and Councilman Bruce
Cornell seconded it.� Supervisor Thomas
Wood � aye, Councilman Fred Drumm � absent, Councilman Bruce Cornell � aye,
Councilman Charles Hanehan � aye, and Councilman Michael McLoughlin � aye.� Carried 4 � 0.
Respectfully Submitted,
Ruth Drumm
Town Clerk