�
TOWN OF SARATOGA
PLANNING BOARD
MINUTES -
DRAFT
November 29,
2006 - 7:30 PM
Chairman
Ian Murray called the meeting to order at 7:30 p.m.
Planning
Clerk Catherine Cicero called the roll.�
Chairman Ian Murray � present, Ralph Pascucci � absent, Paul Griffen �
absent, Robert Park � present, Laurie Griffen � present, Patrick Hanehan �
present, and Robert McConnell � present.�
Approval of Minutes: All
Board members present had read the minutes of the October 25, 2006 meeting. A motion was made by Robert Park, seconded
by Patrick Hanehan, to accept the minutes of October 25, 2006 as written.
Chairman Ian Murray � aye, Patrick Hanehan � aye, Robert Park � aye, Laurie
Griffen � aye, and Robert McConnell � aye. Carried
5 � 0.
Order of Business:
Subdivisions
Saratoga Builders, LLC, Applicant�������������� Valente Realty Partners, Owner
8 Campion Lane�������������������������������������������� 315
Partition St.
Saratoga Springs, NY 12866������������ Rensselaer, NY 12144
Returning Applicant proposes
a conservation subdivision consisting of 39 building lots on 80.41+/-
acres.� 39.11+/- acres of open space has
been set aside, which will include 27.14+/-acres for a park, 1.05+/- acres for
the Quaker Springs Fire District, and 10.92 +/- acres of greenspace.� The proposed subdivision would be located at
the intersection of NYS Rte 29 and Louden Road.�
Sam Palazzole and
Mike Brooks appeared on behalf of the Applicant, explaining updates to the
application. Mr. Palazzole explained that the two issues left from the last
meeting were the second public hearing and a final report from the Department
of Health, which is expected any day.
Chairman Ian
Murray said that he had several open issues.�
First, he said that construction site access should be limited to Route
29.� He did not want construction trucks
traveling through neighboring Towns such as Wilton and Northumberland due to
liability issues.� Mr. Palazzole said
that would not be a problem.
Second, Chairman
Ian Murray said that he has reviewed the grading plans and is concerned about
the loss of vegetation.� There followed
a discussion on the clearing of roads and streets.
Town Engineer
Kenneth Martin said that he would like some idea of a vegetation plan or number
of trees per lot.� Mr. Palazzole said
that they would try to leave a number of trees during construction, but if the
trees have to come out, they will transplant if necessary.
Third, Chairman
Ian Murray said that he had a question on map 8 of 22 on the well casings.� Town Engineer Kenneth Martin said that he
would take a look at it.
Chairman Ian
Murray asked the Board if there were any further questions.� There were none.
Proof of notice
having been furnished by newspaper on November 22, 2006, Chairman Ian Murray
opened the Public Hearing at 7:46 p.m., asking that anyone having comments
provide their name, address, and state whether they were for or against the
proposal.
David Reulet�Raised concerns about the wells and associated reports, as well as the impact of new wells on surrounding properties.� Mr. Palazzole said that he will be asking neighbors for well information for base line information prior to drilling.� Mr. Reulet also asked for clarification on where the greenspace will be located.
Curtis Bratge�Raised concerns about construction trucks making the sharp corner onto Louden from Route 29, stating that it could be a liability issue for the Town if there is an accident there.
Clarence Fosdick�Continued the discussion of the sharp angle of the intersection and explained that the project does not own the property at the intersection necessary to make the change.
There followed a discussion on the ownership of the land.� Town Supervisor Tom Wood explained that the Town has information on the intersection and forwarded it to the State several months ago, asking for NYSDOT to review the intersection for safety improvement; however, the State has not responded as yet.
Kenneth Harrington�Asked who would be cleaning up the old Allen farm, stating his concern that there might be liability issues associated with the property since children continue to play on it.� Chairman Ian Murray referred him to the Town Board.
Everyone wishing to
speak having done so, the Public Hearing was closed at 7:55 p.m.
Laurie Griffen noted that a traffic study has been conducted as part of the project review.� The Planning Board, as lead agency, forwarded information to NYSDOT as an involved agency.� To date, there has been no response.
Chairman Ian
Murray asked the Board if there were any further questions.� There were none.
RETURNING
Sketch-Plans
Arthur Kemmet,
Applicant
183 River Road
Schuylerville,
NY� 12871
S/B/L 209.13-1-17
Conservancy
Returning Applicant is
proposing a four lot subdivision on a 22.91+/- acre parcel situated primarily
between NYS Rte 4 and River Road.� The
parcel straddles Rte 4 and has additional frontage on Wilbur Road.
Art Durivage of Gil Van
Guilder�s office, spoke to the Board explaining the map of the proposed
subdivision, particularly the wetlands.�
Mr. Durivage said his office has delineated the wetlands, which were
verified by NYSDEC; he will provide a copy of the NYSDEC letter to the
Board.�
Chairman Ian Murray clarified
that NYSDEC does not review Army Corps of Engineer (ACE) classified wetlands;
only NYSDEC classified wetlands.� He
noted that a 100� buffer has been established on the map for NYSDEC; however,
although no buffers are required for ACE wetlands, the Town standards require a
50� buffer.� The driveway for Lot 4 does
not meet those requirements.
In answer to a question from
Chairman Ian Murray, Mr. Durivage said that the flood plain elevations have not
yet been established, but it appears that the building envelopes would be in
the floodplain.� If they are, he said
the buildings could be built above it.
Chairman Ian Murray asked for
clarification regarding the lot configurations.� Mr. Durivage was unsure of the reasoning behind the
configurations, but conjectured that they were designed to provide river rights
to each homeowner.
Chairman Ian Murray requested
that a copy of the plans be sent to Town Highway Superintendent David Hall to
review the driveway plans.
Chairman Ian Murray reported
that he has done a walk-through of the property and it is very wet.� He suggested that the other Board members do
a walk-through as well to get a feel for site conditions.� Mr. Durivage provided an aerial view of the
property and indicated the wetlands and heavily vegetated areas. The Board
decided to walk the property on December 9th at 9:00 a.m.
Chairman Ian Murray noted
that the perc and soil tests have not yet been conducted.� They must be performed on each proposed lot.
In answer to a question from
the Board, Town Attorney William Reynolds clarified that road frontage on US
Rte 4 could be considered in applying Town zoning requirements, even though the
driveways would be situated on River Road.
There followed a discussion on
the length of the driveways and whether they could be shared.� Current Town zoning regulations do not
prohibit shared driveways.� Chairman Ian
Murray said that shared driveways might be necessary in order to meet setbacks
from the ACE wetlands. Once past the wetlands, the driveways could be
separated. The Board noted that the longest driveway will be over 900� in
length; therefore, Town driveway standards will apply.
Chairman Ian
Murray asked the Board if there were any further questions.� There were none.
RETURNING
Saratoga Farms, Inc./Taras, Applicant��������������������������������
173 Co. Rd. 69
Schuylerville, NY�
12871������������������������������������������
S/B/L 182.-2-15.11 Rural
Returning Applicant proposes
a 36 unit subdivision of single family homes on 121.82+/- acres to be called
Arlington Ridge.� Robert Pulsifer,
Attorney, and Brian Rigone of EDP appeared on behalf of the Applicant.
Town Attorney William
Reynolds advised the Board members that they should rescind their action at the
October meeting to withdraw preliminary approval of the project.� Laurie Griffen made a motion, seconded by
Robert Park, to withdraw the previous action.�
Chairman Ian Murray � aye, Patrick Hanehan � aye, Robert Park � aye,
Laurie Griffen � aye, and Robert McConnell � aye. Carried 5 � 0.
Mr. Pulsifer clarified that
Mr. Taras� application is now at the preliminary stage and that the Board has
been provided a complete set of current plans and a topographic map.� Mr. Pulsifer said that he had no idea that
his client had been doing excavation work or he would have immediately contacted
him and advised him to stop. He referred to a recent meeting between two Town
officials�Fred Drumm and Robert Park�and Mr. Taras where the project site was
inspected. Mr. Pulsifer assured the Board that his client will refrain from
doing anything else to the site while the application is going through the
review process.
Chairman Ian Murray expressed
his frustration, shared by other Board members, at trying to review the
application when the topography is constantly changing.� Robert McConnell said that he found the
situation �troubling.�
Robert Park gave an account
of the meeting with Mr. Taras and said that Mr. Taras appeared �remorseful�
about the problems created by the excavation work.
Mr. Pulsifer then explained
that the open space on the surveys will be designated as such, in accordance
with the Board�s suggestion at the October meeting.
There followed a discussion
on the gate signs at the development.�
Mr. Pulsifer was unable to give a conclusive answer on how that would be
handled by the developer.
Mr. Pulsifer requested a
public hearing for the December meeting.�
Chairman Ian Murray responded that the Board has not had an opportunity
to review the project maps since they were submitted just before the Board meeting,
and the fact that the December meeting has been moved forward by a week. Mr.
Pulsifer agreed to the scheduling of a public hearing in January, stating that
it was a reasonable request to wait one more month. It was noted that the date
for that meeting will be January 24, 2007.
Chairman Ian
Murray asked the Board if there were any further questions.� There were none.
RETURNING
MKN Development, LLC, Applicant
c/o Jones Ferradino
68 West Avenue
Saratoga Springs, NY�
12866
S/B/L 206-1-34 Rural
Applicant proposes
a 16 residence Planned Unit Subdivision (PUD) on an 84.83+/- acre parcel on
Brown Road.� Stephanie Ferradino,
Attorney, and John Muse, Architect, appeared on behalf of the Applicant.
Ms. Ferradino
noted that she has received a copy of a letter from �concerned citizens� regarding
the project, and then explained the recent submissions, including the traffic
study, the draft of the homeowners association contract, and the archaeological
review.� She has had dialogue with Town
Attorney William Reynolds as well.� Ms.
Ferradino listed and discussed 5 issues raised by neighbors:� design and quality of the proposed homes
(she said that schematics would be provided once the project has been
approved); the effect of the project on neighboring properties; the effect on
the water table, including drainage and run-off; homeowners association and
land ownership; and wetland delineation.
Ms. Ferradino
raised the issue of SEQR review, and how the Planning Board would handle this
matter when making a recommendation to the Town Board.� Chairman Ian Murray said that he has
discussed this with Town Engineer Kenneth Martin and that the Board will
schedule a workshop meeting to review SEQR issues.� Town Engineer Kenneth Martin explained that he envisions the long
form EAF to cover the PUD approval aspect of the application only; the
environmental aspects would be covered as in any other project when Planning
Board review gets to that stage.� He
said he anticipates another full EAF coming before the Board at that time.
Chairman Ian
Murray said that he has contacted DEC on this issue because, technically, SEQR
never closes.
Chairman Ian
Murray asked the Board if there were any further questions.� There were none.
RETURNING
Special Use Permits
SBA Network Services, Inc., Applicant
5900 Broken Sound Parkway, NW
Boca Raton, FL�
33487-2797
S/B/L 169-1-64 Rural
Returning Applicant is
seeking a special use permit to construct an unmanned telecommunications
facility on Hayes Road consisting of a 195� monopole tower with provisions for
up to five future wireless telecommunications providers on the tower and space
at the tower base for antennas and equipment.�
The proposed tower site property is owned by the Town of Saratoga.� TABLED
AT THE REQUEST OF THE APPLICANT
SBA Network Services, Inc., Applicant
5900 Broken Sound Parkway, NW
Boca Raton, FL�
33487-2797
S/B/L 183-1-49 Rural
Returning Applicant is
seeking a special use permit to construct an unmanned telecommunications
facility in Coveville consisting of a 150� monopole tower with provisions for
up to five future wireless telecommunications providers on the tower and space
at the tower base for antennas and equipment.�
The proposed tower site property is owned by Victor and Janine Gennett.� TABLED
AT THE REQUEST OF THE APPLICANT
Laurie Griffen asked if there
was anything to report in this matter.�
Chairman Ian Murray said that the Applicant is waiting to hear from the
involved agencies and that is why SBA has not returned to the Board.
Old Business:
There was a brief discussion
on upcoming workshops, including the annual County workshop scheduled in
January.� Robert Park noted that the
Town has some latitude in determining training requirements. Some courses are
available by computer or correspondence.
Robert McConnell asked if a
definitive requirement can be determined by the Town regarding signage at
developments.
Laurie Griffen stated that
she feels strongly that the Town Attorney should be present at all Planning
Board meetings and for the duration of the meetings.� There followed a discussion by the Board members on this
matter.� Town Supervisor Tom Wood said
that he would raise this issue at the December Town Board meeting.
In response to a question
from Robert Park, Chairman Ian Murray reported that the Appellate Court has not
yet issued a decision on the Southard Road subdivision.
There followed a discussion
on the Louden Road/Rte 29 intersection.�
It was determined that the State is the entity that must address the
issue; however, the Board can apply conditions such as restrictions on construction
traffic.� Town Engineer Kenneth Martin
is concerned about damage to the highway and will recommend that videos of the
road be taken before construction commences.
New Business:
Town Engineer Kenneth Martin
stated that a conference would be held regarding water law and uses, which he
would make available via the internet to all Planning and Zoning Board members.
The class can be used to meet Town training requirements.
The Board scheduled a
workshop meeting for December 7th at 7:00 p.m. to discuss SEQR issues for the
Louden Estates and MKN Development applications. �
A motion to adjourn was made at 9:00 p.m. by Laurie
Griffin, and seconded by Robert Park. Chairman Ian Murray � aye, Laurie Griffen
� aye, Robert Park � aye, Patrick Hanehan � aye, and Robert McConnell � aye. Carried 5 � 0.
Respectfully
submitted,
Catherine
E. Cicero
Planning Clerk