November 30, 2005 - 7:30 PM



Chairman Ian Murray called the meeting to order at 7:37 p.m.


Clerk Catherine Cicero 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 Patrick Hanehan – present. 

Also attending: Town Engineer Kenneth Martin, Town Supervisor Tom Wood, and many interested members of the public (Sign-In Sheet on file in the Minute Book).  


Approval of Minutes: All board members present had read the minutes of the October 26, 2005 meeting.  A motion was made by Robert Park, seconded by Paul Griffen, to accept the minutes of October 26, 2005. Ralph Pascucci abstained from the vote because he did not attend the last meeting.  Chairman Ian Murray – aye, Susan Cummings – aye, Paul Griffen – aye, Laurie Griffen – aye, Albert Baker – aye, Robert Park – aye. Carried 6– 0.


Order of Business:


Special Use Permit


Michael Giovanone

156 Sparrowbush Road

Latham, NY  12110

S/B/L 103-1-2 Lake Commercial


Returning Applicant is seeking a special use permit for a boat storage facility on Route 9P, south of Lee’s Trailer Park. The facility consists of 5 buildings, 76 slips, on 8.8 acres. Attorney Matthew Jones, Jim Miller of Miller Associates, Alana Moran of Creighton Manning Engineering, and Michael Giovanone appeared on behalf of the application. 

Jim Miller reported that DOT was interested in a wider driveway due to accommodate the large size of some boat trailers; however, the design for the width of the driveway remains the same, but the flares have been made larger.  The driveway has been changed from a 34’ radius to a 50’ radius.  The revised plans were sent to DOT, which has not responded as yet.

Mr. Jones stated that revisions have also been made to the grading plans, which were submitted to Town Engineer Kenneth Martin.  Mr. Miller added that corrections have been made to the elevations and the stormwater basin has been modified.

Mr. Jones noted that, since last month’s meeting, the Town Board has included boat storage as a permitted use within the Town.   

Mr. Giovanone gave a summary of his intended business operations, which he explained would be essentially seasonal storage of boats.  Laurie Griffen asked Mr. Giovanone if he would discourage daily use, to which he replied that it would not be economically feasible to do that;  however, there might be some exceptions for people who are only in the area for a short time in the summer.

Mr. Giovanone also clarified that RVs could be allowed winter storage if the batteries were removed and the fuel stabilized.  He said that he had checked with local fire chiefs on this matter.

Mr. Giovanone added that he would prefer to store only boats.

Town Attorney William Reynolds stated that RVs would probably not be included in the Town’s definition of boat storage.

There followed a discussion of the limitations imposed on Thomas Carringi when his application for boat storage was granted several years ago.  Ralph Pascucci stated that Mr. Carringi’s operation was constrained to the off-season and between the hours of 9 and 4.

Chairman Ian Murray stated that the Applicant could petition the Town Board to allow the RVs in the definition of boat storage.


Mr. Jones noted that the Town has asked the Applicant to look into the possibility of using 4 of the proposed bays for public use.  The site plans could be modified to add 4 more bays in the back of the property, making the turn around area smaller.  He said that, after doing some research, it was determined that emergency vehicles for fire protection would not need the amount of turn-around room originally proposed.


Laurie Griffen then read the full Environmental Assessment Form, which was completed by the Board.  Chairman Ian Murray then asked the Board for a vote, seconded by Laurie Griffen, to determine that the full EAF was complete and to make a negative declaration. Chairman Ian Murray – aye, Susan Cummings –aye, Ralph Pascucci – aye, Laurie Griffen –aye, Paul Griffen – aye, Albert Baker – aye, Robert Park – aye. Carried 7– 0.


Chairman Ian Murray asked if there were any further questions regarding the application.  There were none.  Chairman Ian Murray made a motion to accept the documents as presented and approve the special use permit, with the condition that Town Engineer Kenneth Martin will review and approve the plans, and that, if the 4 bays designated for public use are not ultimately used for that purpose, the Applicant will return to the Planning Board.  The motion was seconded by Laurie Griffen.  Chairman Ian Murray – aye, Susan Cummings –aye, Ralph Pascucci – aye, Laurie Griffen –aye, Paul Griffen – aye, Albert Baker – aye, Robert Park – aye. Carried 7– 0.  GRANTED WITH CONDITIONS




Saratoga Builders, LLC                                    Peter & Sue Grassi, Owners

8 Campion Lane                                        394 Burgoyne Rd.

Saratoga Springs, NY 12866              Saratoga Springs, NY 12866

S/B/L 168.-2- 24 & 25 Rural District


Sam Palazzole and Dan Barber appeared before the Board on behalf of the Applicant regarding a conventional subdivision of 38 +/- acres consisting of 12 building lots on a new road off of Burgoyne Road.

Sam Palazzole updated the Board on progress since the last meeting, stating that he is still waiting for a final report from DOH and the Army Corps of Engineers; however, the local Army Corps of Engineers representative is not scheduled to return from working in New Orleans until December 31st. Therefore the response from that agency is not expected until early next year.

Mr. Palazzole added that he would send the results of the well testing to Town Engineer Kenneth Martin.


Chairman Ian Murray stated that he has spoken with Frank Naret regarding his easement which crosses the proposed development’s property.  Mr. Naret’s attorney will provide information to Town Attorney William Reynolds for review.  There followed a brief discussion on the definition of an easement.

Chairman Ian Murray stated that a public hearing on this matter will be scheduled for the December 14, 2005 Planning Board meeting.  RETURNING


Saratoga Farms, Inc., Applicant                               

173 Co. Rd. 69

Schuylerville, NY  12871                                          

S/B/L 182.-2-15.11 Rural


Returning Applicant proposes to begin Phase II of a planned development: a 36 unit subdivision of single family homes on 121.82+/- acres. [This application previously appeared under the name of Walter Taras.]  Gavin Vuillaume, of Environmental Design Partnership, LLP, addressed the Board giving an update of the proposed project, stating that he still does not have an archaeological study, a traffic study, a response from Niagara Mohawk on existing power lines on the property, or a well analysis.  He hopes to have information on the archeological study and the traffic study, which will be performed by Creighton Manning Engineering, by the next meeting.  Mr. Vuillaume was uncertain whether a Phase II archaeological study would be necessary. He said the well testing would be done over the winter, and described the process that would be used for the monitoring.

Mr. Vuillaume stated that the long form SEQR has been amended, as well as the site plan.  He explained that the project would be phased in, referring to the revised map.  The two main entrances and Road B would be part of Phase I.  He said that the estate lot and undeveloped land would be deed restricted against further development.

Responding to a question from Ralph Pascucci, Mr. Vuillaume stated that the bond will be on the entire project from the beginning.

Susan Cummings pointed out that Phase I includes a “stub” street, which Mr. Vuillaume stated can be removed from Phase I, if necessary, if it becomes a problem for plowing or other maintenance. 

Chairman Ian Murray instructed Mr. Vuillaume to include easement language to provide Casey Road access.

Town Engineer Kenneth Martin asked how the stormwater basins would be maintained.  Susan Cummings stated that an association had been formed to maintain the basin at the Musket Drive development.  Currently, basins are required to be maintained by the Town.

Ralph Pascucci questioned the specifications of the roads, noting that the Town has not adopted standards for rural roads as yet.  Mr. Villaume did not want to use the Town’s proposed standards, explaining that the terrain is too flat. 

Mr. Villaume next explained the grading map, including the development entrance, the proposed house locations, and the minimum garage elevation.  He explained the soil analysis and said that soil borings can be done again in the spring, when the worst conditions exist for such studies.  Chairman Ian Murray requested that soil borings be done near the wetlands.  He stated that the Applicant would need a discharge permit for the wetlands.  Mr. Villaume responded that he wasn’t sure if he would need permits because of the 100’ wetland buffer.

Mr. Villaume then explained the proposed landscaping, stating there will be at least 2 trees planted on each lot.  They will probably be installed as each house is constructed, and might be tied to the building permit for the lot.  All other landscaping will be done as part of the road installation phase of the project.  There will be 297 trees on the site, which works out to approximately 2 trees per lot.  The corner lots will have more. 

There followed a discussion, led by Chairman Ian Murray, on the variety of trees to be used.  He asked that a mix of three species be used—perhaps sugar maple, red maple, and ash—as opposed to the two species proposed by the Applicant.  Mr. Villaume responded that that would be possible.  Chairman Ian Murray also noted that the London plain tree proposed for the entrance to the development is questionable in this planting zone.

Paul Griffen wanted to know what the property would look like when only a few houses have been constructed.

There followed a discussion on whether the tree-planting should be tied to the bonding.  Chairman Ian Murray stated that he preferred that it be tied to the bonding. 

Laurie Griffen asked about the row of existing pine trees.  Mr. Villaume explained that the trees are part of a 50’ no-cut buffer.  Laurie Griffen stated that she wants to keep the entire stand of trees and wants to make sure that none of the trees are cut down.  Chairman Ian Murray stated that this could be made part of the deed restriction.  Mr. Villaume said that he would submit documentation of the tree-line demarcation both before and after development.  Robert Park asked for a current photograph of the trees to guarantee that they remain untouched.

There followed a discussion regarding an Erosion Control Plan, which has been filed with the DEC, concerning recent soil disturbances on the site, and the ponds located on the site, and whether a pond related to a manure pit would be filled.

Mr. Villaume stated that he would furnish any recent documentation to Town Engineer Kenneth Martin for review.  RETURNING


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 32-lot conservation subdivision on 89.7 +/- acres on the north side of Route 29, across from Bryant’s Bridge Road.  The application was pulled from the agenda at the request of the Applicant.  TABLED


Nick Washco

219 Walsh Rd.

Schuylerville, NY  12871

S/B/L 169-1-77.1 Rural


Returning Applicant is seeking to subdivide a 22.40+/- acre parcel at 219 Walsh Road into two lots; one approximately 7+ acres, and the other 14+ acres.  Mr. Washco explained to the Board that he had originally intended to subdivide his parcel into 4 lots, but determined that part of the terrain of his property is too steep for construction.

Chairman Ian Murray instructed Mr. Washco to have the property surveyed, conduct deep hole and perc tests, and to include an agricultural data statement on the survey. 

Robert Park said that he would like to review the deed to the property.

Albert Baker asked about access to Lot 1.  There followed a brief discussion on the terrain of the property.  RETURNING







Saratoga Farms, LLC, Applicant

Suite 200-2875

South Ocean Blvd.

Palm Beach, FL  33480

S/B/L 156-3-32 Rural


Applicant proposes a 7 lot subdivision on 96.5+/- acres at 125 Burgoyne Rd.  The average lot is proposed to be 14 acres, with a horse trail system.  David Carr, of the LA Group, addressed the Board on behalf of the Applicant, explaining that there was one major change from the preliminary map of the proposed subdivision.  It was originally assumed that the property had road frontage on County Rd 338, but the survey has shown that is not the case.  Gieling and Baker are the property owners of that frontage.  Therefore, the proposal has been reconfigured to remove the flag lot and revise the 2 affected lots: one 19.76+/- acres, and the other 16.73+/- acres. The minimum lot size would be 60,000 square feet.

Mr. Carr stated that the proposal contains a trail system for horse riding and cross country skiing, and that all construction would be behind existing agricultural land. He stated that deed restrictions include the prevention of further subdivision of any lots, limiting each residence to one barn, and preventing any home from being built within agricultural fields.

He reported that the wetlands on the property have been flagged.

Ralph Pascucci commented that the proposed horse trails looked too “grid-like.”  There followed a discussion on possible horse trail placement on the site plan.  Robert Park noted that the trails would be maintained by the homeowners association and asked to see a copy of that contract. 

Mr. Carr said that the language of the deed restrictions will be provided prior to the public hearing on this application.  Town Attorney William Reynolds will review the language as well.


Chairman Ian Murray asked that soil engineering tests be conducted before the next meeting.  He noted that the septic systems might have to be built up. 

Town Engineer Kenneth Martin stated that heavier driveways might have to be installed due to their length; some will be over 200’ long.

Susan Cummings asked if it would be possible to have shared driveways.

Mr. Carr responded that the driveways could be installed tight to the trails for aesthetic purposes.

Mr. Carr asked if it would be possible to schedule a public hearing on this matter for the January Planning Board meeting.  RETURNING


Sketch-Plan Conference


David and Abby Brill, Applicants      

120 Hughes Rd

Schuylerville, NY  12871

S/B/L 156-4-1.221 Rural Residential


Applicants propose to subdivide 15.9+/- acres from their 17.53+/- parcel along Hughes Rd.  Terry Humiston addressed the Board on behalf of the Applicants, giving a history of the property. 

Town Engineer Kenneth Martin requested a well and septic site for both lots. 

There was a brief discussion of the location of the dam along that portion of Fish Creek.

Chairman Ian Murray instructed Mr. Humiston to complete the agricultural statement notice, the SEQR short form, and notice to the neighbors.  He said that a public hearing would be tentatively set for the January meeting.  RETURNING


William J. Reynolds, Applicant

800 Rt 29

Saratoga Springs, NY  12866

S/B/L 168.-3-69.1 Rural Residential


Applicant proposes to subdivide approximately 2 acres from a 16.76+/- acre parcel along

Rt. 29.  William Reynolds addressed the Board, stating that the proposed parcel would have 210’ of road frontage on Rt. 29.  Chairman Ian Murray directed Mr. Reynolds to perform a survey, and a deep hole and perc tests on the property so the application could move forward.  RETURNING


John Borel and Phyllis Bader-Borel, Applicants

32 Loon Way, Rt 9P

Saratoga Springs, NY 12866

S/B/L 206.9-1-40 Lake Residential


Applicants propose to subdivide their 2.44+/- acre parcel into two equal lots.  The Applicants explained to the Board that their property is currently listed with a realtor, but they are considering ways to make it more attractive for a sale if it doesn’t sell as is.  There followed a discussion of the options available to the Applicants, including the suggestion that they might be able to connect to the sewer line.  Ralph Pascucci advised the Applicants to discuss with a realtor the most beneficial way to subdivide the property to take advantage of lake views. RETURNING


Special Use Permit


General Schuyler Emergency Squad, Inc.

P.O. Box 111 Ferry St.

Schuylerville, NY  12871

SW/B/L 155-1-74 Rural Residential


Returning Applicant is seeking a special use permit to construct a professional office building; the new home of General Schuyler Emergency Squad. 

Chairman Ian Murray recused himself from the discussion of this application, stating that he was involved in the design of the project, and excused himself from the Board panel to sit in the audience.  Vice-chair Susan Cummings led the proceedings.  It was reported that Phase IA of the archaeological study was recommended; Phase IB has been commissioned.  The SEQR in this matter cannot be completed until those studies are done; hopefully, by the January Planning Board meeting.

There followed a discussion on the security lights surrounding the building.  There will be a couple of wall packs, which will flood the immediate vicinity—no large flood lamps—for returning paramedics or the night shift.

Ralph Pascucci suggested that the lights be on a switch so they don’t have to be on constantly.  It was explained that the lamps are totally downcast and their bulbs are recessed, so they are not that bright from neighboring properties.

Town Engineer Kenneth Martin asked for specifics on the lumens, and how the light would bleed off site.

Paul Griffen asked for more information as well, stating that the lamps are situated close to the property line.

Laurie Griffen asked if parking could be moved to the back of the lot. 

Chairman Ian Murray, speaking on behalf of the Applicant, stated that he would supply the information on the lamps’ candlepower, and would find out whether the parking lot lights could be switched.

Town Engineer Kenneth Martin commented that he thought it would be possible to move the parking to the rear of the lot, and noted that the septic system is also in the back.

Vice-Chair Susan Cummings asked if the entire building was open 24 hours, or if only the communications section is open if that is the only part of the building being used.

Ralph Pascucci asked if the garage portion of the building had been used in calculating the parking area required for the building.

Chairman Ian Murray, again speaking on behalf of the Applicant, stated that he would look into the concerns and requests of the Board and return with more information at the next meeting.


 [At this time, Chairman Ian Murray rejoined the Board.]






Harold Reiser

1120 Rt 29

Schuylerville, NY  12871

S/B/L 156-3-11 Rural Residential


There is a question of whether a special use permit is necessary for the operation of an antique store on the property where a former antique store was once located.  No one appeared on behalf of Mr. Reiser.


Lisa and Darren Tracy

130 Rt 4 North

Schuylerville, NY  12871

S/B/L 157-1-21.11


Mr. and Mrs. Tracy have questions regarding the proposed use of three barns on their property.  Darren Tracy addressed the Board, stating that he had multiple use proposals for the 3 barns on his property.  There is an existing apartment in the large barn and Mr. Tracy would like to add a second apartment.  Access to the apartments would be at the rear of the barn.  Mr. Tracy would like to use the lower portion of that barn for storage.  Paul Griffen commented that the barn would have to meet Town codes for storage and have firewalls.

There followed a discussion on various uses for Mr. Tracy’s 3 barns and whether he should apply for a PUD for multiple use of the property.

Ralph Pascucci suggested that Mr. Tracy speak with the owner of Saratoga Apple, Inc., Nate Darrow, who owns adjacent land, to see if they might be able to make a lot-line adjustment so Mr. Tracy would have enough property for a PUD, or mutually develop their properties.


Old Business:  There was a discussion on what to do with yearly renewable special use permits.  Ralph Pascucci stated that if the Planning Board has the authority to grant such permits, it has the authority to enforce them.  Paul Griffen stated that, for the most part, there is no need to enforce them, and that Townspeople generally follow the requirements set by the Planning Board. 


Paul Griffen reminded everyone to attend the ZAAC meeting scheduled for Thursday, December 1, 2005.


New Business:  There was a discussion on possible changes that could be made to filing requirements to cut down on the size of maps and costs of mailing information to Board members.  There was a proposal to send some information via e-mail and Planning Clerk Catherine Cicero was provided most of the Board’s e-mail addresses.


The next meeting is scheduled December 14, 2005, at 7:30 p.m.


A motion to adjourn was made at 10:41 p.m. by Laurie Griffen and seconded by Susan Cummings. Chairman Ian Murray – aye, Susan Cummings – aye, Paul Griffen – aye, Laurie Griffen – aye, Albert Baker – aye, Ralph Pascucci –aye, Robert Park – aye. Carried 7– 0.


Respectfully submitted,


Catherine E. Cicero



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