�
TOWN OF SARATOGA
PLANNING BOARD
MINUTES -
DRAFT
November 24,
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 � present, and alternate Barney
Drumm � present
Approval
of Minutes: All board members present had read the minutes of the October 27,
2004 meeting.� A motion was made by Robert Park to accept the minutes of October
27th, 2004 as written, and Susan Cummings seconded it. Chairman
Ian Murray � aye, Susan Cummings� � aye,
Ralph Pascucci � aye, Albert Baker � aye, Paul Griffen � aye, Robert Park �
aye, Laurie Griffen � aye. Carried 7� 0.
Order of Business:
James G. Doyle
175 Church St.
Saratoga Springs, NY 12866
S/B/L 157.-1-2� Rural Residential District
James
Doyle addressed the board proposing a 12-lot subdivision at Rt. 4 &
32.� He stated that he has also applied
for a subdivision with the Town of Northumberland, since part of the
subdivision lies in the Town of Northumberland.� The two towns will need to work together with the plan.� James Doyle stated that he would meet all
regulations and plans to take it step by step to address the issues.� Dan Wheeler, LS, of Survey Associates, is
surveying the 97 +/- acre property to provide the topography etc.
Chairman
Ian Murray stated that he should reference the zoning regulations and that he
should return with a plan for a Conservation Subdivision as that is the
preferred design.� The current proposal
is a conventional design.� Ralph
Pascucci added that he would need to sort out which municipality would take
over the road.� James Doyle agreed.� Chairman Ian Murray noted that the proposal
would require a full SEQR and a joint review by both towns.� He also stated that further engineering data
is needed regarding water, sewer, steep slopes etc.� James Doyle explained that he believes that village water goes as
far as the Amerigas property, but that would need to be confirmed. Robert Park
asked if the Town of Northumberland should deny your application would you be
able to keep it wholly in the Town of Saratoga?�� James Doyle stated that his surveyor could address that.� Chairman Ian Murray mentioned that he had
spoken with Dr. Leon Reed and asked how the negotiations are going with the
Schuylerville Central School.� James
Doyle replied that the Post Star newspaper had reported that the Board of
Education had passed a resolution to explore taking the property by eminent
domain.� He also noted that the proposed
sale to the Schuylerville Central School District had been before the voters
and had failed twice.� He stated that he
is open to negotiation but will protect his rights.��
The board suggested that he return with a Conservation Subdivision Design next month.��
Saratoga Builders, LLC����������������������� ����������� Peter & Sue Grassi, Owners
8 Campion Lane��������������� ����������� ����������� 394 Burgoyne Rd.
Saratoga Springs, NY 12866� ����������� Saratoga
Springs, NY 12866
Sam Palazzole addressed the board proposing subdividing 38
+/- acres into 13 building lots, each over 80,000 square feet and with 200� of
frontage on a new road at 394 Burgoyne Road. He presented the board with a
revised design changing the proposed location of the road.� He added that he would do the required deep
hole and perc tests and would meet all zoning regulation requirements as the
project goes forward.� Chairman Ian
Murray explained that in September, when Peter Grassi came before the board, it
was requested that he return with a Conservation Subdivision Design (CSD)
first, the preferred design, and then if that doesn�t work due to the features
of the land and roads etc., a conventional subdivision could be proposed.��� Chairman Ian Murray explained that with a
Conservation Subdivision there is usually less impact on the neighbors, with
buffers and improved viewsheds.� There
are usually less frontages on the road and less road for the developer to put
in and for the town to maintain. Sam Palazzole stated that there is a 300�
sight distance at the proposed entrance and a 25-mph speed limit at the curve.
Chairman Ian Murray suggested that he read the zoning regulations and
requirements for the CSD and the standards required for a town road and return
with a creative Conservation Subdivision Design. Returning��
James & Elena Grotto
946 Route 29
Saratoga Springs, NY 12866
S/B/L 156.-1-24 Rural Residential District
James & Elena Grotto addressed the board seeking
a Special Use Permit for their Train & Hobby retail sales business that
will be moved from its present location in their home to a building to be
constructed on their adjoined parcel at 946 Route 29.� Chairman Ian Murray noted that the entrance would be in front and
the parking in the rear.� He asked if
they would be removing some of the stone that now exists in the front.� James Grotto agreed and stated that they
would like to leave some for a 2-car parking spot for their home.� Chairman Ian Murray agreed and added that
the improvements that have been done look great.� James Grotto stated that they will be adding shrubs and will make
ramps both in front and back for handicapped accessibility and for ease of
deliveries. He also noted that the blacktop apron has been done at the
entrance/exit.�� The Grotto�s agreed to
follow the regulations for the placement and size of their sign.�
�
Proof of Notice having been furnished, Chairman Ian Murray opened the Public Hearing:
Stephen Bodnar, 176 Hanehan Road, stated that the Grotto�s should be commended for combining their lots and the improvements that they are making.�
No one else came forward and the public hearing was closed.�
Ralph
Pascucci made a motion to grant the Special Use Permit for the retail sales
business with a one-time renewal in a year.�
Laurie Griffen seconded the motion. Chairman Ian Murray � aye, Susan Cummings� � aye, Ralph Pascucci � aye, Albert Baker �
aye, Paul Griffen � aye, Robert Park � aye, Laurie Griffen � aye. Carried 7� 0.� Granted and to be reviewed in one year.
Special Use Permit - Pre-Submission
Conference
Denise & Jim
Murphy
945 Route 29
Saratoga Springs,
NY 12866
S/B/L
156.-1-23� Rural Residential
Denise and Jim Murphy addressed the board seeking a Special Use Permit to relocate her existing Quilt & Antique Shop into the existing garage on the newly adjoined property; the total parcel is now 2 +/- acres at 945 Route 29.� They also plan to construct an addition onto the existing garage for a shop.� Denise Murphy stated that they were granted the side yard setback variance at the Zoning Board of Appeals� meeting on Monday, November 22nd.� Denise Murphy stated that the NYS DOT has approved the driveway�s location.� Chairman Ian Murray then asked if the remaining balance of the neighbor�s parcel of 13 +/- acres has the 300� of frontage required and she said that it did.� Chairman Ian Murray reviewed that the parking should be pushed to the side and back of the shop and asked if the garage doors would be removed.� Denise Murphy stated that the garage doors would be removed and replaced with siding and that the entrance would be on the side.� She noted that shrubs would be planted.� The board recommended that the location of the sign be looked at and moved to improve the sight distance and then call the NYS DOT to inspect it once more.� Chairman Ian Murray added that a 40� paved apron, measured from the right-of-way back, should be added for ease of access onto Route 29.� He added that the parking areas could be gravel.� Chairman Ian Murray then asked if the two parcels have been combined yet and Denise Murphy stated that they are working on it now.� He stated that they would need to be combined before final approval could be given. Ralph Pascucci asked if she has decided how big the addition would be and suggested that she decide on the size and include it with this proposal so it could be reviewed and approved now and they would not have to return again for that.�� Chairman Ian Murray suggested that they return next month when a public hearing should be held.�� Returning ��
Special Use Permit - Pre-Submission
Conference
Chris Lofgren
109 DeGarmo Rd.
Schuylerville, NY
12871
S/B/L 156.-2-16
& 19� Rural Residential
Chris Lofgren addressed the board proposing an Automobile Sales/Service Business along Route 29 in Grangerville.� He presented a revised plan to the board, proposing to construct a shop/showroom and two storage facilities.� He would remove the existing house that is along Route 29 and would leave the existing trailer to be used as a rental unit. Chairman Ian Murray stated that the property does not meet the frontage requirements and he would need to go to the Zoning Board of Appeals for an area variance.� There is 165� of frontage on DeGarmo Road and 159.72� of frontage on Route 29, where 250� of continuous frontage is needed for an Auto Sales/Service business.� Chris Lofgren explained that when he bought the property it was two parcels that he combined into one, making it 3.37 +/- acres.� The proposed entrance to the business would be from Route 29.� He plans to have 3 bays in the shop/showroom.� Chairman Ian Murray explained that if he plans to use the trailer as a rental property it would result in multiple uses of the property that is not permitted.� Chris Lofgren would reconsider the rental of the trailer.� Town Engineer Kenneth Martin added that he would need to talk to the NYS DEC regarding the setbacks required from the wetlands that exist on the property. Chairman Ian Murray noted that a short Environmental Assessment Form would be needed along with NYS DOT approval of the entranceway.�
Susan Cummings made a motion to deny the Special Use Permit due to the lack of the required road frontages and Robert Park seconded it. Chairman Ian Murray � aye, Susan Cummings� � aye, Ralph Pascucci � aye, Albert Baker � aye, Paul Griffen � aye, Robert Park � aye, Laurie Griffen � aye. Carried 7� 0.� Denied and the board suggested that the applicant go the ZBA in January for the frontage variance and reconsider the multiple uses of the property.
�
Renewal of a Special Use Permit
Gary & Susan
Barbolt
51 Parkhurst Rd.
Gansevoort, NY 12831
S/B/L
156.-1-38.23� Rural Residential
Gary Barbolt addressed the board seeking renewal of their Landscaping/Garden Shop Special Use Permit granted 11/27/2001.� He stated that they are ready to construct a 24� x 40� pole barn for storage as noted in their original application. He added that they are not ready for retail sales yet.� It was noted that he would need to return to the Planning Board when it becomes a retail business.� Chairman Ian Murray also noted that setbacks for the building would need to be met and would be addressed when applying for the building permit for the pole barn.��
A motion was made by Paul Griffen to grant the renewal of the Special Use Permit for the Landscaping/Garden Shop.� Laurie Griffen seconded it. Chairman Ian Murray � aye, Susan Cummings� � aye, Ralph Pascucci � aye, Albert Baker � aye, Paul Griffen � aye, Robert Park � aye, Laurie Griffen � aye. Carried 7� 0.� Special Use Permit - Renewed.
Subdivision
#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
Chairman
Ian Murray announced that the Public Hearing would be held but no action would
take place tonight on the proposal.� The
application would be tabled until the December 22, 2004 meeting.
Dave Carr of the LA Group addressed the board regarding the proposed 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.� He has resubmitted the final plans and has sent two letters to Town Engineer Ken Martin in response to the studies made by Sterling Engineering.� C.T. Male has addressed the hydrology comments and the LA Group has addressed the Stormwater Management concerns.� He stated that he is here tonight to hear anything new from the public and address their comments.� Chairman Ian Murray stated that the SEQR process is not complete yet.� He added that Town Engineer Ken Martin has brought in an independent consultant to review the hydrology reports submitted by both C.T. Male and Sterling Engineering.�
Proof of Notice having been furnished, Chairman Ian Murray opened the Public Hearing:
The following spoke against the subdivision:
Attorney Marc Gerstman, representing the Save Southard Road Neighborhood Coalition, submitted a letter and materials to the board supporting the Neighborhood Coalition�s concerns. He voiced concerns regarding the results of the water studies, consistency with the Comprehensive Plan, a SEQR review that should result in a Positive Declaration regarding the environmental effects of the subdivision, along with Stormwater concerns and an alternative analysis is needed.
Sam Aldrich, Burke Rd., voiced concerns with water and loss of agricultural land, he added that he agrees with all the concerns that Marc Gerstman has pointed out.
Penelope Benson-Wright, presented the board with petitions and a water survey of local residents which supports the water supply concerns.� She also provided the board with a membership list of the Save Southard Road Neighborhood Coalition.�� She summarized the written statement from Jim Gillman, which stated his concerns of Comprehensive Plan compliance, water concerns and the preservation of the rural character of the town.��
Dr. Baran, 109 Southard Rd., voiced water concerns and thanked the board for bringing in an independent party to review the water studies.
Lloyd Van Arnum, Southard Rd., voiced water concerns.
Helene Van Arnum, voiced opposition for all the reasons previously stated.
Daniel Larkin, voiced opposition for all the reasons previously stated along with traffic safety concerns.
Dan Craine, 104 Southard Rd., spoke against the subdivision but appreciates the developer�s consideration of the land�s limitations by reducing the number of lots proposed and for taking the view sheds into consideration when redesigning the project. He also stated his appreciation for the third opinion on the water studies.
Jane Sheeran, Burke Rd., voiced concerns regarding water, traffic and excessive lighting. She does however respect Toni Mease�s property owner rights.�
Cynthia Van Arnum � Baker, voiced water concerns.
Stephen Bodnar, 176 Hanehan Rd., voiced water concerns and concerns with suburban sprawl coming from Saratoga Springs. He voiced concerns regarding the follow up on deed restrictions that are placed on properties to be sure they are being enforced.�
Dave Austin, Wagmans Ridge Rd., voiced concerns with the negative impact on the water supply.
Janice Reeves, Southard Rd., voiced water and traffic concerns.
Attorney Marc Gerstman, reiterating that there is a significant problem with the water supplies in this area as stated by so many local residents.�
Marilyn Zaborek, 387 Burgoyne Rd., voiced concerns regarding excessive development of our town resulting in the overcrowding of our schools.
Daniel Larkin, voiced concerns of
maintaining the rural character of the town.
Lloyd Van Arnum, voiced traffic concerns.
Catherine Cicero, 352 Ruggles Rd., Wilton,
voiced water concerns.
William Corrigan, Walsh Rd., urged the
residents to participate when the town is working on documents such as the
Comprehensive Plan.
Sam Aldrich, Burke Rd., water concerns
and concerns with viewing the results of the third opinion on the water
studies. Chairman Ian Murray stated that Marc Gertsman has foiled all documents
for his review.
Joe Peck, Wagmans Ridge &
Southard Rd., concerns about the pressure felt to develop the Town of Saratoga.
Lloyd Van Arnum, voiced water supply and
water pollution concerns.
Roland Gerber, Condon Rd., commended the
board and the developer for following the rules.
�
Chairman
Ian Murray closed the public hearing and stated that the application is tabled
until the December 22, 2004 meeting.�
Dave
Carr asked to comment on some of the concerns voiced tonight.� He stated that the present plan is the
alternative plan.� The proposal started
out as a 20 lot Conservation Subdivision and after a site visit with Planning
Board members and review of their comments it is now at 10 lots.� He also commented on the Stormwater report
and that they have met all requirements of the town in that regard.� He added that once there is final approval
the NYS DEC SPEDES Permit would be obtained.�
He further commented that the lots range from 4.29 +/- acres to 10.705
+/- acres and are generous lots that do create some open space.� The water concerns are still being
addressed.��
�
68 West Ave.��� ����������� ����������� ����������� 215 Casey Road
Saratoga Springs, NY 12866����������� Schuylerville,
NY 12871
S/B/L # 195.-1-37.112� Rural District
Mike Brooks with the office of Paul Tommell LS, addressed the board regarding the proposed subdivision of 10.36 +/- acres into 3 building lots on the eastside of Casey Road, 1400 linear feet north of the intersection of Casey Road and Russell Road. He noted that the parallel driveways of Lots 2 & 3 are shown on the map and the 50% front building setbacks are also shown.� He stated that they have redone the perc tests along the woods and they test similar to the others and are OK, the results are on the map.� The site distances have been put on the map and they appear acceptable.� He added that the agriculture statement #2 has been added to the map and deeds. Chairman Ian Murray requested that deep hole tests are done in the back 50% and the data should be put on the map and sent to Town Engineer Ken Martin so that he can review and approve it. Chairman Ian Murray also stated that as with all subdivisions now, the well must be drilled and quality and quantity tested before a building permit can be issued and this must be added onto the plan.� Chairman Ian Murray noted that the Environmental Assessment Review Form is all set.�
Stephen Bodnar asked if the board could check to see if there was a deed restriction placed on this property by the previous owners.� Chairman Ian Murray suggested that he could refer it to Town Attorney William Reynolds.� It was suggested that a copy of the deed be required in the future to be reviewed by the town attorney.
�
S/B/L 167-1-16, 17, 9� Conservancy District
Applicants
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. +/-) for Mark and Kim Sutton and the
second 5.08 acres +/- for daughters
Sandra Dalzell and Denise Defoe. Prior to this evening�s meeting, Mark Sutton
requested the application tabled until the December 22, 2004 meeting since he
has not received the required documentation from the NYS DEC yet.� Tabled
����������� ���� 901
George Bush Blvd.
Prior to this evening�s meeting, David McKibbon requested that the application be tabled until the December 22, 2004 meeting with a Public Hearing to be held then.� Tabled.
Chuck Carlstrom addressed the board for information on subdividing a 52 +/- acre parcel along Route 29 next to the Schuyler Pond property into 2 or 3 lots, one for a dog and cat boarding facility.� He presented the board with a sketch of the property with some designated wetlands. He stated that he hired a consultant to walk the property with them and he indicated that the flags on the property are correct and the areas designated on the map as A, B, C, D, E, and F are most likely Federally regulated wetlands. The only DEC wetlands are in the upper right corner.� He asked if a shared driveway could be considered?� Ralph Pascucci replied that there are no provisions for shared driveways in the town although if there is the ability to put in the second driveway in the future, if needed, it would have to be proven that the necessary additional wetland permits could be obtained and kept in force, for the long term.� It was suggested that he hire an Environmental Engineer to determine if permits could be gotten to cross the wetlands. He could put a road in to Town specifications and work around the wetlands.� Presently, with the 600 + frontage, it looks like a one or two lot property due to the wetlands.� It was also explained that if the driveways were over 200� additional regulations would need to be met. Chuck Carlstrom will consider the options presented.�
�
Old Business:
Chairman
Ian Murray mentioned that he was contacted by DeGraff and Bloom who had
purchased two of the lots that Walt Taras had subdivided, asking if they could
increase the building envelope by 50 to 60�, since it is presently in a low
spot.� Chairman Ian Murray, after
speaking with Town Engineer Ken Martin, told him that he couldn�t increase it,
but he could petition the board if he wished.
Chairman
Ian Murray reported that the Ernst application to the Zoning Board of Appeals
for a variance/interpretation for a pre-existing, non-conforming use to operate
a Tattoo Parlor was granted.� He stated
that they would be returning to the Planning Board seeking the special use
permit needed for the retail service business.
Chairman
Ian Murray commented that Michael Giovanone�s application for multi-family
housing at Saratoga Lake and the variance needed from the Zoning Board of
Appeals has been tabled due to the county�s denial of sewer system access for
the project.���
New Business:� Chairman Ian Murray introduced Catherine Cicero to the board.�� She has been chosen as the new clerk to the board.� She will be starting January 3, 2005.
Paul
Griffen suggested that mining should be removed from all districts and offered
only as a PUD.� Supervisor Thomas Wood
agreed that it could be looked at with the next round of zoning law
amendments.��
The
next meeting will be Wednesday, December 22, 2004 at 7:30 p.m.
A motion to adjourn was made at 10:20 p.m. by Ralph Pascucci and seconded by
Laurie Griffen. Chairman Ian Murray � aye, Susan Cummings� � aye, Ralph Pascucci � aye, Albert Baker �
aye, Paul Griffen � aye, Robert Park � aye, and Laurie Griffen � aye. Carried 7-0.
Respectfully
submitted,
Ruth
L. Drumm
Clerk