TOWN OF SARATOGA

PLANNING BOARD DRAFT MINUTES*

September 23, 2020

Chairman Ian Murray called the meeting to order at 7:30 p.m.

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

Griffen � present, Patrick Hanehan � absent, Robert McConnell � present,

Joseph Lewandowski � present, George Olsen - present, Christopher Koval - present, Walter Borisenok - absent.

Also attending: Gil Albert, Jim Vianna, Bret Jorgensen, Hub & Kate Miller, Kevin Hastings, Jeff Mancini, Eric Hanson, John Witt, Attorney Libby Coreno, Paul & Jan Murphy, Gary Squires, Jim Jennings, Terri Korb, John Cashin. (Sign-in sheet is on file in the Clerk's office)

A motion was made by Christopher Koval, seconded by Laurie Griffen, to accept the meeting minutes of August 26, 2020 as written.� Chairman Ian Murray � aye, Laurie Griffen � aye, Patrick Hanehan � absent, Robert McConnell � aye, Joseph Lewandowski � aye, George Olsen - aye, Christopher Koval - aye, Walter Borisenok - absent.�

Carried 6 - 0

Approved

Public Hearings Minor Subdivision

Bret Jorgensen #20-01

921 Rt. 4 S

Schuylerville, NY 12871

S/B/L 183.-1-56.12 Rural District

Applicant seeks to subdivide 2 acres from his 5.94+/- acre parcel.

Applicant Bret Jorgensen appeared before the Board.

Chairman Ian Murray reviewed the subdivision property with the Board, stating it has an A-frame residence and there�s a trailer on the northern part of the parcel, both have existing wells and septic systems, all separation distances are met, frontage is met; the application looks good.� Chairman Ian Murray asked if there were any questions of the Board; there were none.

Proof of Notice having been furnished by newspaper on September 13, 2020, Chairman Ian Murray opened the Public Hearing at 7:33 p.m., asking those wishing to speak to the Board concerning this application, to please stand and state their name and address.� Seeing as no one wished to speak, Chairman Ian Murray closed the Public Hearing at 7:34 p.m. �

Laurie Griffen went through SEQR, line by line, with the Board.� Chairman Ian Murray asked if there were any further questions; there were none.

A motion was made by Chairman Ian Murray, seconded by Laurie Griffen, to accept the documents as presented, to declare SEQR review complete and to make a Negative Declaration. �Chairman Ian Murray � aye, Laurie Griffen � aye, Patrick Hanehan � absent,

Robert McConnell � aye, Joseph Lewandowski � aye, George Olsen - aye, Christopher Koval - aye, Walter Borisenok - absent.

Approved� 6 �- 0 �

A motion was made by Chairman Ian Murray, seconded by Christopher Koval, to approve the application as proposed. ��Chairman Ian Murray � aye, Laurie Griffen � aye, Patrick Hanehan � absent, Robert McConnell � aye, Joseph Lewandowski � aye, George Olsen - aye, Christopher Koval - aye, Walter Borisenok - absent.�

Approved� 6 �- 0 �

Chairman Ian Murray told Applicant Bret Jorgensen his Notice of Action will be sent within 5 days and once his updated deeds and maps are received by the Clerk, he and Ken Martin, Town Engineer, will sign off on the maps and then the Applicant will be notified to pick up the maps and file with the County within 6 months.�

Applicant Bret Jorgensen thanked the Board.

�

Paul Griffen #20-02�� Representative: �James M. Vianna, PLS

37 Spook Hollow Rd.�� 170 Lohnes Rd.

Stillwater, NY 12170 �� Stillwater, NY 12170

S/B/L 194.-2-52 Rural District

Location:� 140 Co. Rd. 67��

Applicant seeks to subdivide 8.44+/- acres with existing residence and barns from his 154+/- acre parcel.� The remaining 147+/- acres will remain in agricultural pursuits.

Jim Vianna, PLS, appeared before the Board on behalf of the Applicant and reviewed the proposed subdivision of the 155+/- acre parcel.� He said the Applicant wants to subdivide out the house and barns on the corner of Co. Rt. 67 & Spook Hollow Rd., adding it�s in the Rural district, there is ample road frontage.

Chairman Ian Murray asked if there were any questions of the Board; there were none.

He then stated the only comment he had was on the driveway location.� Currently it�s in the perfect location and he�d like to see it remain there, as the house and barns are right there and sight distances are adequate.�

Jim Vianna, PLS, agreed.

Proof of Notice having been furnished by newspaper on September 13, 2020, Chairman Ian Murray opened the Public Hearing at 7:39 p.m., asking those wishing to speak, concerning this application, to please stand and state their name and address.� Seeing no one, Chairman Ian Murray closed the Public Hearing at 7:40 p.m. �

Laurie Griffen went through SEQR, line by line, with the Board.� Chairman Ian Murray asked if there were any further questions or comments; there were none.

A motion was made by Chairman Ian Murray, seconded by Laurie Griffen, to accept

the documents as presented, to declare SEQR review complete and to make a Negative Declaration. �Chairman Ian Murray � aye, Laurie Griffen � aye, Patrick Hanehan � absent, Robert McConnell � aye, Joseph Lewandowski � aye, George Olsen - aye, Christopher Koval - aye, Walter Borisenok - absent.

Approved� 6 �- 0 �

A motion was made by Chairman Ian Murray, seconded by George Olsen, to approve the application as proposed. ��Chairman Ian Murray � aye, Laurie Griffen � aye, Patrick Hanehan � absent, Robert McConnell � aye, Joseph Lewandowski � aye, George Olsen - aye, Christopher Koval - aye, Walter Borisenok - absent.�

Approved� 6 �- 0 �

Lot-Line Adjustment Conference

David Bowden #20-03�� Owners: Zene Garnsey (1830-1-61.2)

110 Garnsey Lane�� 105 Airport Lane, Schuylerville, NY 12871

Schuylerville, NY 12871�� David Coonradt (183.-1-37)

S/B/L 183.-1-60 Rural District�� 961 Rt. 4, Schuylerville, NY 12871

Location: Eastside Rt. 4,

North of Garnsey Ln.�� Representative:� James Vianna, PLS

�� 170 Lohnes Rd.

�� Stillwater, NY 12170

Applicant seeks to merge land to his existing parcel; there will be no change to the land.

Jim Vianna, PLS, appeared before the Board to discuss the lot-line adjustment for David Bowden stating it will make an existing parcel larger and better.� He reviewed the map and showed the Board how the lot-lines will change and that in the end it makes that small lot of David Bowden�s larger and does not create any non-conforming lots. �There are no construction plans as they all have existing homes.� �He handed updated deeds to Chairman Ian Murray

Laurie Griffen questioned if any of the driveway entrances will change and Jim Vianna, PLS, said no.

Ken Martin, Town Engineer, questioned if the property line between the lands of Town of Saratoga and Welcome Stock had been established and Jim Vianna, PLS, responded yes.� He�d surveyed that land for the Town of Saratoga a couple of years ago when the Town obtained the two parcels from the state.

Chairman Ian Murray asked if there were any further Board questions or comments; there were none.� He then said the Board is all set and he and Town Engineer Ken Martin will review and sign off on the maps and will contact him when complete

Jim Vianna, PLS, thanked the Board.

Minor Subdivision Sketch Plan Conference

Gilman Albert #20-04

967 Rt. 29

Saratoga Springs, NY 12866

S/B/L 156.-1-3.1 Rural Residential District

Applicant seeks a two-lot subdivision of his 6.9+/- acre parcel.

Applicant Gil Albert appeared before the Board to discuss his proposed two-lot subdivision.� He said he�d like to subdivide for the kids, but lacks proper amount of frontage for the piece for the kids.� There�s a natural drainage ditch along the front there.

Chairman Ian Murray questioned if he will give a driveway easement or put in a parallel drive there for the second house, adding the Applicant may want the parallel drive in case they sell in future.� He can create a flag lot, or make provisions for the driveway and get a variance for frontage.

Applicant Gil Albert replied yes; the kids will use his existing driveway but he�ll put in a graded parallel drive for future.

Chairman Ian Murray asked if there were any Board questions or comments; there were none.�

He then stated it doesn�t meet zoning regulations for frontage, so they have to send him for a variance.� �

Chairman Ian Murray made a motion, seconded by Christopher Koval to send this to the ZBA for a frontage variance.� Chairman Ian Murray � aye, Laurie Griffen � aye, Patrick Hanehan � absent, Robert McConnell � aye, Joseph Lewandowski � aye, George Olsen - aye, Christopher Koval - aye, Walter Borisenok - absent.�

Approved� 6 �- 0 �

Cedar Bluff Subdivision

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 subdivision of his 111.6+/- acre parcel.

Attorney Libby Coreno addressed the Board, reviewed the lengthy history of this project and noted there are open issues with hydrology and that they have been working with the Town to get through all of those issues.� She added they had submitted EAF which found several conditions: 1. Archaeological areas of potential effect- Lots 6, 7, 8 & 9 were identified by SHPPO and will be required to go through Part III.� �2. Consented to Lot Clearing Plan for every lot at issuance of building permits.� �3. Lots 9, 10 & 11 have No Cut Zones.� They have substantial green space, much of which is the ravine area and the lands adjacent to �the farm�.� She was not going through the hydrology tonight as the Board has their own experts for that.� Lead Agency was established a while ago and she doesn�t believe that will change, all agencies had been notified adding this is a Type I action.� She then stated they are ready to answer questions.

Chairman Ian Murray thanked Attorney Libby Coreno and stated Attorney Mark Schachner, attorney for the Planning Board, is on speaker phone, as he was unable to make it to the meeting.� Chairman Ian Murray then reviewed a few milestones in regards to this application:

�Public Hearing for preliminary plat was opened in October 2017 and remains open at this time.
Our first SEQR workshop meeting was conducted on November 13, 2017; for the record, things have gotten a bit stale so we will probably send out Lead Agency again, and we will begin fresh with a new SEQR when we get to that point.�
Last appearances of the Applicant before the Board: January 2018, March 2018, December 2018.

Chairman Ian Murray stated in order to move forward with the Preliminary Application, we need to complete SEQR.� To date, the Board has identified 3 areas of potential environmental impacts in regards to this application:

SWPPP � There is the possibility to approve SEQR in regards to the SWPPP while continuing with the application review, knowing that NYS DEC regulations will be met prior to final approval.
Archaeological � Impacts have been identified that potentially could be moderate to large.� Pending the outcome of the Part III study, the project may require redesign or avoidance areas designated and protected.
Hydrology � Potentially large impacts have been identified.� Quantity impacts have been identified in regards to water withdrawal throughout the localized area of the Town.� Further testing and studies are required for SEQR review and completion.� If necessary, a positive declaration (pos dec) may be declared requiring the completion of an Environmental Impact Statement.

Chairman Ian Murray then stated a hydrology report was submitted in 2018.� In November of 2019 he, Town Engineer Ken Martin, Michael Palleshi from Alpha Geo Science, Eric Hanson from Hanson VanVleet and Gil Albert, Zoning Officer/Building Inspector, met to finalize and agree upon the Combined Flow Test Work Plan for Simultaneous Pump Testing.� After which the test was conducted but flawed, however, because of a rain event that effected the results.� He then said he doesn�t believe they can move forward with SEQR until this test is re-done and the requested data submitted per Work Plan Procedure.� He said he wanted to ask the Board their thoughts on that.� Chairman Ian Murray polled the Board to see if Board Members felt the study is necessary: Christopher Koval � Yes, he wants the study complete then they can move on to SEQR, Laurie Griffen � yes, agreed the test needs to be complete before going forward, Robert McConnell � yes, the completion of the test is necessary, George Olsen � yes, they need to complete the test in order for us to make a decision, Joseph Lewandowski � agreed they need to complete the test before moving forward.

Chairman Ian Murray stated the Board needs that study completed and that data to make further determinations and to complete SEQR.� They don�t want to positive declaration (pos dec) it; they will suspend it until they get that information.

Attorney Mark Schachner, Attorney for the Planning Board, added that the Chairman doesn�t want to pos dec it, but based on the pole of the Board, test data not submitted is needed to go forward, is that correct?�

Chairman Ian Murray responded yes.� He then asked if there were any questions.

Attorney Libby Coreno questioned for the Applicant�s next step, what standards are they trying to meet and she�d like it in writing, as they want to give the Board what they need and they want to get the process or method of what they�re trying to meet done correctly.

Chairman Ian Murray responded that information has to come from Board consultant Mike Palleshi of Alpha Geoscience.� Basically, it�s following the work plan that they developed to do the draw-down testing, because of the withdrawal and the draw down problems they�ve had in that local geographic area in that portion of the Town.� He added they need to follow the plan that was put forth.

Engineer Ken Martin added while testing is being done, the Applicant needs to make sure that their hydro scientists talk with our consultant, Mike Palleshi of Alpha Geoscience.� He believes this could have been taken care of by furthering the study or delaying that mark of it, but there needs to be more communication between Alpha Geoscience and Hanson Van Fleet; the scientists need to better communicate.

Attorney Libby Coreno then stated referring to that work plan and communication; so whatever�s in that work plan from standards, from the agreed upon numerical limits, that is what has to be recreated for satisfaction and there will not be a different standard after that?

Chairman Ian Murray responded yes.

Attorney Libby Coreno thanked the Board.

Eric Van Fleet and Mr. Witt addressed the Board with complaints of having to re-do the simultaneous draw down tests and the costs involved.�

Chairman Ian Murray stated he won�t agree.� Read the report, they had an influence with a rain event and explained again, the Town has had a lot problems in that geographic area and that is why the Board wants this done.� He added he developed a park in the Town 10 years ago and he had problems with the well there this year because it�s been so dry and he talked with the well driller and was told they�ve never experienced a year like this with wells going dry, so it can happen at any time.� This is happening on his watch so he�s going to make sure it�s done correctly and he thinks the rest of the Board feels the same.� As far as development, everyone here is a business owner, so they know what costs are.

Attorney Libby Coreno responded as their lawyer, she is asking for consideration that, subject to standards in technical data, aren�t possible to do without knowing what will satisfy the consultant.

Chairman Ian Murray replied he will convey that to their consultant.�

Chairman Ian Murray then asked if Attorney Mark Schachner had any questions or comments.�

Attorney Mark Schachner responded no, he believes the Board is doing a very good job and was surprised the Applicant said he�s not understanding when there have been communications constantly with the Board.

A motion was made by Laurie Griffen, seconded by Robert McConnell, to adjourn the meeting at 7:36 p.m.� Chairman Ian Murray � aye, Laurie Griffen � aye, Patrick Hanehan � absent, Robert McConnell � aye, Joseph Lewandowski � aye, George Olsen - aye, Christopher Koval - aye, Walter Borisenok - absent.�

Carried 6 - 0�

Meeting Adjourned

The next regular meeting will be held Wednesday, September 23, 2020 at 7:30 p.m.� All submittals must be to the Clerk no later than 8:45 a.m., September 9, 2020 to be on the August agenda.

Respectfully submitted,

Linda A. McCabe

Planning Clerk