March 28, 2018


Chairman Ian Murray called the meeting to order at 7:36 p.m.


Planning Clerk Linda McCabe called the roll: Chairman Ian Murray present, Laurie

Griffen absent (arrived at 7:38 p.m.), Patrick Hanehan absent, Robert McConnell absent, Joseph

Lewandowski present, Brandon Myers present, George Olsen - present,

Alternate Christopher Koval - present.


Due to the absence of a few Board Members, Alternate Christopher Koval was elevated to full voting status.


Also attending: Town Engineer Ken Martin, Bruce & Mary Fassett, Jeff Mancini, Bill Moreau, Libby Coreno, Jan Murphy, Lauren Kirkwood, S. Clemenets, Kate Miller, Hub Miller, John Witt, Kevin Hastings, Terri Korb, Tab Denovellis, Gil Albert and Don Ormsby. (Sign-in sheet is on file in the Clerk's office)


A motion was made by Christopher Koval, seconded by Brandon Myers, to accept the meeting minutes of February 28, 2018. Chairman Ian Murray aye, Laurie Griffen absent, Patrick Hanehan absent, Joseph Lewandowski aye, Robert McConnell absent, Brandon Myers aye, George Olsen - aye, Chris Koval - aye.

Carried 5 - 0



Lot-Line Adjustment Conference


Mary L. Fassett Owner: Armand Brown

110 Brown Point Ln. 100 Brown Point Ln.

Saratoga Springs, NY 12866 Saratoga Springs, NY 12866


Applicant seeks a lot-line adjustment between her Father's land and her own.


Applicant Mary Fassett appeared before the Board and reviewed the survey map of her property and her father's property on Brown Pt. Lane and the way in which she'd like the new boundary line to run. Currently there is an easement, solely for her, on her father's land, but once the lot-line is adjusted she will no longer need the easement. Her attorney said if she squares it off, the need for the easement is gone since that portion will be part of her land. She also stated that she and her husband will maintain the road to her property.


Chairman Ian Murray questioned what will happen with the rest of the property.


Applicant Mary Fassett replied her father owns the rest of the property and the road, so when her father's property is sold, the remainder of the road will be sold with it.


After a lengthy discussion with Chairman Ian Murray, the Board and Town Engineer Ken Martin, Chairman Ian Murray said the easement in perpetuity qualifies her, so it will be fine to



tie that portion in to adjust the boundary line. He told the Applicant she is to bring in the updated survey map showing the new boundary lines, as well as a new deed with metes and bounds and language reflecting the change. He then stated he will have Attorney William Reynolds review this as well.


Mary and Bruce Fassett thanked the Board.



Chairman Ian Murray stated they have a public hearing that is still open on the next application, but he will not restart the public hearing tonight. The Board is getting new information from the Applicant and they have a Board Member that is out of town as well as one that is on vacation and he needs full Board participation on this application. Tonight they will be seeing the Applicant's amended presentation, there may be some questions back and forth between the Board and the Applicant, and they will pick up the public hearing at the April meeting. Prior to concluding with this application tonight, a site walk for the Board will be scheduled. They'll walk through it and may have to have areas delineated or surveyed.


Major Subdivision Conference


John Witt, Witt Construction #15-05

563 N. Broadway

Saratoga Springs, NY 12866

S/B/L 193.-1-17, 193.-1-18, 193.18-1-55 Lake Residential, Rural District II, Rural District

Location: 142 Cedar Bluff Rd. (Co. Rd. 71)


Returning Applicant seeks a 32 lot major subdivision.


Applicant's Attorney, Libby Coreno, appeared before the Board, introduced a new power point presentation and reviewed the amendments they have made with the subdivision. She stated they have a total of 111.6+/- acres. Unbuildable lands with steep slopes greater than 25% are16.4+/- acres and wetlands of 2.2+/- acres, for a total of 18.6+/- acres. Buildable land is 93+/- acres and with the Open Space requirement of 50% of the buildable land, it leaves 46.5+/- acres on which to build. Total preserved open space in Cedar Bluff Subdivision is 61.5+/- acres. This represents 21.9+/- acres on the west side and 39.6+/- acres on the east side. Proposed lot coverage, including the right-of-way and the existing farm lot, is 50.1+/- acres or 31 buildable lots.

There is now a new road design tying into Hill Rd. She stated several aspects went into the consideration for that road that they couldn't get around, the first being public safety. The Town road design specifications require two exits on any road longer than 800' and the projected length of this road is 1,750'. This allows better access of emergency vehicles, school buses and plows. Secondly, when it comes to highway maintenance, it's less costly to the Town for routine maintenance, such as annual plowing, salting and patching, as well as capital infrastructure maintenance. She stated she will defer questions to the Highway Superintendent for specific highway concerns. They also believe it will reduce stormwater, as removal of the large cul-de-sac reduces the amount of impervious surface and runoff, and less tree removal. Lots 6,7 and 8 will be accessed via a tiny private lane, with private maintenance by the landowners. This also reduces the amount of clearing and impervious surfaces. Lots 17, 18, 19 and 20 will be accessed by a private drive, which means only one driveway from the left hand approach up the hill, which will reduce any driveways peeking out from the slope area. There will be a private roadway agreement of these landowners and it will run along the lot-line of Lots 17 and 18. This access point is far more level and maintains the vistas of Lots 18, 19 and 20 without having to

worry about switch backs and steep slopes. She added there are no impacts to slopes on Lots 18 and 20. They've moved the 'No Build Line' for lots 9, 10 and 11 further east to coincide with the ridge line for a more protected area and to decrease any impacts to the slopes down toward the lake.

Attorney Libby Coreno then stated they received Planning Board comments and technical comments from their last visit before the Board and she proceeded to go through those comments as well as their responses:

1. Map corrections (1, 2, 3, 8, 10)

Response: Comments are noted and will be altered on the final maps

2. Highway Department comments on road design

Response: Maps have been submitted to highway department and request for comments made.

3. Grinder pumps serving more than one lot and should be reviewed by SCSD#1

Response: A condition of preliminary subdivision approval will be confirmation from SCSD concerning maintenance, ownership and final layout.

4. Gravity sewer along lots 19 and 20 should be avoided

Response: It will be moved to a pipe along the common driveway of lots 17, 18 19 and 20 and shared driveway agreement will be provided as a condition of final subdivision approval.

5. Lots 21, 22, 23 being tied into SCSD sewer?

Response: Yes


Response: All materials have been submitted for review.

As far as well installation and hydrology, preparation for drilling and testing continues.

SWPPP for roadways and all infrastructure to be in place prior to final approval. Each lot will be required to have a Town approved erosion control plan at the time of any building permit being issued. Each lot shall be required to receive a Town approved lot clearing plan which is consistent with the drawings, plans and conditions set in the record of the Planning Board's decision. All lot clearing plans shall be compliant with Town Law 400-1.12 (Steep Slopes). Lots 9, 10 and 11 shall have a NO BUILD LINE as designated. No stumps shall be removed anywhere along the ridgeline in order to preserve soil integrity. Avoidance shall be practiced where possible, but a Phase III Archeology will be required for all areas in the A.P.E. which cannot be avoided. Prior to final Saratoga County Sewer District approval, a final hydrology data report will be submitted to the Engineer for the Town, demonstrating compliance with state and local water flow and quality standards. All draft shared maintenance agreements for driveways and sewer will be provided.


Chairman Ian Murray stated he and Engineer Ken Martin met with the Applicant, but will have more questions, as they have all been presented with a lot of material and need time to review it. He told the Board to feel free to ask questions of the Applicant; there were no questions at that time.


Chairman Ian Murray stated on map L4, the property with the proposed driveway going uphill - he believes there is a house to the south by Lot 17 & 18. He thinks it is the Murphy property and asked the Applicant to please put more enhanced screening there.


Attorney Libby Coreno questioned if he wants that noted on the maps and Chairman Ian Murray said yes, as he's looking at impacts to that of the shared driveway.


Chairman Ian Murray mentioned the infiltrator trenches at Lots 24 - 31, east side, and questioned if they are still looking at a private drive there.


Kevin Hastings replied yes.



Chairman Ian Murray questioned Engineer Ken Martin if they need to worry about that and he replied yes.


Kevin Hastings responded they're working on getting away from needing that.


Engineer Ken Martin stated he wants to talk with Highway Superintendent Don Ormsby on maintenance and how they'll set that up before making any comments on SWPPP.


Chairman Ian Murray stated on the proposed grading plan, they have some contours set up and the rain gardens are proposed as a typical design and refers back to D1; he questioned if they were sized or just typical for now.


Kevin Hastings responded on the lot they are showed as typical - 1 or 2 drywells for impervious areas, maybe three rain gardens, it will be custom to each house.


Engineer Ken Martin stated SWPPP is based on a typical, based on the houses you see on the plan.


Kevin Hastings responded there will be a schedule, impervious as shown on the drawings, and deviation from that on the building permit, is where those additional structures may be necessary to go into that specific lot; depending on custom layout, drives, etcetera; anything that may be impervious on that lot.


Chairman Ian Murray stated he's good for now. He then asked if the Board had any comments or questions; a lengthy discussion ensued between the Board, the Applicant, Attorney Libby Coreno and Kevin Hastings.


Attorney Libby Coreno stated they will provide comment and response prior to the next meeting.


Chairman Ian Murray and the Board talked about a date to do a site visit/walk-through of the property and it was decided that they will meet on April 12th at 5:30 p.m. at Hill Rd.


Attorney Libby Coreno thanked the Board.





Tab Denovellis appeared before the Board, stated he's bought a small amount of land from Mr. Little and wants to open a wedding and event venue there. After a brief discussion with the Board, Chairman Ian Murray told Mr. Denovellis to apply for a special use permit and to contact the office for an application.


Chairman Ian Murray next explained and reviewed the letter received from WSWHE BOCES. BOCES was gifted 40+/- acres on Walsh Rd. and they plan to use it for teaching students to operate heavy equipment on that land, landscaping program, horticulture and floral programs, woods safety, forest land usage, etcetera. They plan to bus in 25+/- students 3 days a week throughout the school year between 8 a.m. - 5 p.m. Chairman Ian Murray stated they want to be exempted from our zoning codes and he is against that. Walsh Rd. is a residential area and he has concerns with the ingress/egress of the buses and where they'll park the buses, as they cannot park on that road.


He has concerns with the heavy equipment, lighting, security; again a lot of unknowns. The Board agreed with Chairman Ian Murray and does not believe BOCES should be exempt from following Town regulations. Chairman Ian Murray said he will have Attorney William Reynolds send a letter notifying BOCES that the Board will not approve the exemption.


Old Business: Laurie Griffen questioned what is going on with Mr. Sharp on Burgoyne Rd. He was supposed to have already moved his business out of there, yet she saw big box trucks there and the operation looks even larger now.

Zoning Officer Gil Albert responded that supposedly Mr. Sharp now has land on Rt. 50 and is going to build there. He said he's been trying to get Attorney William Reynolds to push for a deadline, but nothing yet.

Chairman Ian Murray directed him to force him out; he can rent a space, it's been an ongoing issue for years. Enough is enough.


Zoning Officer Gil Albert stated that Mr. Garry Robinson is asking the Board to conduct their site visit/walk-through of Tom Carringi's marina on Rt. 9P. Chairman Ian Murray and the Board decided to conduct the site visit/walk-through on April 12th at 5:00 p.m., meeting at the marina on Point Breeze Rd. prior to walking the Cedar Bluff subdivision property.


New Business: none


A motion was made by Christopher Koval, seconded by Laurie Griffen to adjourn the

meeting at 9:22 p.m. Chairman Ian Murray aye, Laurie Griffen aye, Patrick Hanehan absent, Joseph Lewandowski aye, Robert McConnell absent, Brandon Myers aye, George Olsen - aye, Christopher Koval - aye.

Carried 6 - 0

Meeting Adjourned


The next regular meeting will be held Wednesday, April 25, 2018 at 7:30 PM.


Respectfully submitted,



Linda A. McCabe

Planning Clerk