APRIL 28, 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, Laurie Griffen – present, Robert Park – present, and Alternate Barney Drumm – present

Also attending: Sign-in sheet on file with the Planning Board Clerk.

March 24, 2004 meeting.  A motion was made by Robert Park and seconded by Sue Cummings to accept the minutes of March 24, 2004 as written. Chairman Ian Murray – aye, Susan Cummings  – aye, Ralph Pascucci – aye, Albert Baker – aye, Paul Griffen – aye, Laurie Griffen – aye, Robert Park – aye.  7 – 0  Carried





#04-05: William Patenaude 

              41 Lake St, P.O. Box 784

              Stillwater, NY 12170


Andrew Patenaude

30 Champlain Av.

Mechanicville, NY 12118

S/B/L: 208-1-23, 209-1-4.13, and a portion of 209-1-6 Rural District

Applicants seeking a two-lot subdivision, equally dividing 59.24 acres at 771 and 773 Route 4 South, Town of Saratoga.   Andrew and William Patenaude and Attorney Scott Ronda addressed the board.  Andrew Patenaude noted that the engineered septic systems are on the print along with the roadway pull-offs.  Attorney Scott Ronda stated that the easement agreement is on the deeds and has been faxed to Town Attorney William Reynolds.  Chairman Ian Murray inquired if the engineered septic systems were in an area of greater than a 25% slope.  Andrew Patenaude replied that the actual sand filter system and absorption trench is not and will be placed on the level.  Andrew Patenaude provided the plan to the Department of Health and it should not hold up the process.  Chairman Ian Murray noted that the Ag Data Statement and the Environmental Assessment Form (EAF)  is all set and after speaking with Town Attorney William Reynolds noted that a conditional approval is advised contingent on the easement and the driveway maintenance agreement on the plot.  


A motion was offered by Ralph Pascucci to grant the subdivision contingent on the easement, the driveway maintenance agreement on the plot, and the town engineer’s review.  Sue Cummings seconded the motion. Chairman Ian Murray – aye, Susan Cummings  – aye, Ralph Pascucci – aye, Albert Baker – aye, Paul Griffen – aye, Laurie Griffen – aye, Robert Park – aye.  7 – 0  GRANTED


#04-09 John Hall

              295 Fitch Rd.

            Saratoga Springs, NY 12866

S/B/L 193.-1-28.111, Rural District


Applicant is seeking to separate 1+/- acre lot for his daughter from the present 110.9 acre parcel on County Road 70.  The Zoning Board of Appeals granted an area variance on 3/22/2004 to allow less than the 300 feet of continuous road frontage required for the remaining 109.9 acres.  John Hall addressed the board.  Chairman Ian Murray read the County’s recommendation on the proposed subdivision, which stated that it would have no significant impact and recommended approval.  Chairman Ian Murray noted that the test holes and perc test came out good.


Proof of notice having been furnished Chairman Ian Murray opened the Public Hearing. No one spoke for or against this subdivision.


Robert Park made a motion to grant the subdivision contingent on the town engineer’s review.  Ralph Pascucci seconded this motion. Chairman Ian Murray – aye, Susan Cummings  – aye, Ralph Pascucci – aye, Albert Baker – aye, Paul Griffen – aye, Laurie Griffen – aye, Robert Park – aye.  7 – 0  GRANTED


Preliminary Subdivision


#03-23 Walter Taras

             173 County Rd. 69

             Schuylerville, NY 12871

S/B/L 182-2-15.1 Rural District


Applicant is seeking a five-lot subdivision, creating four 80,000 + sq. ft. lots along Casey Road with a remaining parcel of 179 +/- acres.  Walter Taras and Harold Berger, P.E. approached the board.  Harold Berger, P.E., questioned if the DOH approval is required and stated the history of the prior subdivisions on the mother piece.  It was determined that since lot 3 had been transferred within the last three years it would count as the fifth lot making this application a major subdivision and would require DOH approval.  Chairman Ian Murray stated the town engineer also recommends that it go to the DOH.  They agreed to submit it to the Glens Falls office of the DOH.  Chairman Ian Murray 

explained that DOH approval and the full SEQR study would be needed.  He noted that a motion is needed to declare the Planning Board as lead agency in the SEQR process.  Laurie Griffen made the motion to declare the Planning Board lead agency in the SEQR process and Paul Griffen seconded it. Chairman Ian Murray – aye, Susan Cummings  – aye, Ralph Pascucci – aye, Albert Baker – aye, Paul Griffen – aye, Laurie Griffen – aye, Robert Park – aye.  7 – 0  Carried   Chairman Ian Murray will give the completed SEQR form to the town engineer to distribute to the necessary agencies.  Harold Berger, P.E.  stated that he would send Chairman Ian Murray and the town engineer copies of the application to the DOH.  He also stated that the deep hole tests and perc tests have been done on the lots and came out great as it is the nicest sandy soil.  A well will be dug and tested soon. 



Proof of notice having been furnished Chairman Ian Murray opened the Public Hearing. No one came forward for or against this subdivision.


Chairman Ian Murray noted that the application process is 60 days but it doesn’t start until the SEQR process is complete.   Applicant will return.


Returning – Special Use Permit

# 04-08 Timothy Banks & Roderick Valente, R J Valente Gravel, Inc.

              8 Jennifer Dr.

             Wynantskill, NY 12198

S/B/L 155.-1-27.1 Rural Residential District


Applicants are seeking a special permit for establishment of mining use for the surface mining of sand on 49.02 acres located NYS Route 29. Timothy Banks and George Marshall of Marshall Engineering addressed the board with their map and Mining Land Use Plan for the proposed mining site.  George Marshall stated that all material would be excavated from east to west at the site.  It will be reclaimed as grasslands once mined and he pointed out that the site would be well shielded with a 100’ buffer with a tree line.  He stated that there should be little dust since the sand is naturally moist when it is dug out.  He stated that the roads would be kept moist to alleviate dust.  Timothy Banks pointed out that the hours of operation would be 6:30 a.m. to 5:30 p.m. Monday through Friday and 8:00 a.m. to 2:30 p.m. on Saturdays.  They would be closed on Sundays and holidays.  (Chairman Ian Murray later corrected the hours of operation on Monday through Friday as 7:00 a.m. to 5:30 p.m. per their permit application.)  Timothy Banks stated that he didn’t anticipate heavy volumes of truck traffic and at peak volume it would be 40 to 50 per day depending on the project. The entranceway will be on Route 29 between the existing barn and house. They will pave the first 50’ of roadway and then the next 150’ will be covered with 3” of crushed stone.  Timothy Banks stated that the DEC requires a 25’ setback but they will provide 100’ behind any residence. 


Chairman Ian Murray explained that this property is in a Rural Residential District where mining is permitted by special permit.  First the applicants apply for a mining permit with the DEC and then once the DEC issues the mining permit they apply for a Special Use Permit from the town planning board and if that is granted mining can occur.  DEC oversees the mining permit application and takes comments from the town and its residents.  Chairman Ian Murray read a letter from Mike Spadafore of the DEC stating the areas that the local government can comment on.  The letter, with an address to mail comments to, was made available to the townspeople attending the meeting so that they could make their concerns known to the DEC.  


Proof of notice having been furnished Chairman Ian Murray opened the Public Hearing.




The following persons spoke against the project:

Curt Bratge, Becky DeWitt, Kristi Carrara, Ed Mallory, Mary Rose, Patti Villano,      Patti Allen, Mildred Mallory, Walter Allen, Jack Macica, and Mark Overholt.


The concerns voiced were hours of operation, sand spilled on Route 29 from the trucks leaving the site, dust, noise, heavy trucks on Louden Road breaking up the road, traffic and the increase of the probability of accidents on Route 29, water concerns, property devaluation, and safety concerns regarding children playing at the site along with the question of who will enforce the regulations.


Timothy Banks offered to meet with the neighbors at the site by appointment.  He noted that the Saratoga County Sheriff’s Department enforces weight and speed limits.  He also stated that they are not planning to use Louden Road unless the customer is on that road.  He also mentioned that the Mining Permit has to be renewed every five years with the DEC and his Mine Land Use Plan cannot be changed without going back to the DEC for approval and another public hearing is held.  Timothy Banks stated that the well will only be used for controlling dust and it should not impact neighboring water supplies.  The site will be well buffered.  It was mentioned that the DEC will regulate the import and export of products at the site and there could be no stockpiling of materials unless a formal modification to the Mining Land Use Plan was applied for and approved.


Chairman Ian Murray stated that through the State Environmental Quality Review (SEQR) traffic studies are done with the NYS DOT’s involvement.  It was noted that the DEC and the Town Zoning Officer can enforce issues under their regulation. 


During the public hearing, the board was asked if the permit will be issued regardless of their concerns?  Chairman Ian Murray said not necessarily and that’s why public hearings are held and that comments need to be given to the DEC also.  He repeated the five things that the town can comment on:

1.      Appropriate setbacks from property boundaries or public thoroughfare right-of-ways

2.      Manmade or natural barriers designed to restrict access if needed, and if affirmative, the type, length, height and location thereof

3.      The control of dust

4.      Hours of operation, and

5.      Whether mining is prohibited at the location.


Paul Griffen commented that the Planning Board couldn’t say no to the permit arbitrarily as there is no code against it and if unreasonable limits are set they could have legal recourse.  The board can steer the conditions to be more compatible but can’t take away their property rights unreasonably, as all are due a process.  There will be additional public hearings by the DEC and the planning board.

Chairman Ian Murray inquired when the property was purchased and who the prior owner was?  Timothy Banks replied that it was purchased in 1991 from James Allen.  It was noted that it was listed for sale from 1994 to 1998 and then again from 1998 to 2002.  Timothy Banks estimated the market value of the property at $510,000. 




Chairman Ian Murray summarized the process:

1.      DEC permit is applied for and that was done on 2/24/2004.  DEC reviews and holds public hearings. The Planning Board will be notified as the process goes forward since it is an involved agency in the SEQR process.  If DEC does not issue a permit then the Special Use Permit cannot be granted.

2.      A Special Use Permit is applied for from the Planning Board and is in suspension until the SEQR is completed and the mining permit is issued from DEC, then the Special Use Permit application process will resume. APPLICANT WILL RETURN


Pre-submission Conference – Special Use Permit


Marc DeCastro

197 Hanehan Rd.

Schuylerville, NY 12871

S/B/L#196.-1-15.1 Rural District


Applicant is seeking a Special Use Permit for a Home Industry consisting of a Sheet Metal Fabrication Shop in an existing barn.  A 40’ x 20’ pole barn and a 20’ x 12’ pole barn off the existing barn will be built for storage.  Marc DeCastro addressed the board with his plans.  He stated that he wants to move his metal fabrication business from Stillwater to a shop in his barn.  He commented that he has no employees and does not plan to have any.  He noted his office is in the basement of his home.  He stated that due to his remote location, if he needed to expand in the future, he would purchase land elsewhere in a commercial area.  Sue Cummings is his nearest neighbor and she expressed no objection to the business.  Marc DeCastro assured the board that no ductwork will be stored outside.  He stated that he picks up the sheets of metal with his pick-up truck and that there will be no large delivery trucks coming and going.  His customers are mechanical contractors.  The pole barn that will be built will be used for storage in part for farm equipment.  The board suggested he follow the application procedures and regulations and return for the next final step in the process.   APPLICANT WILL RETURN.




Barney Drumm

193 Casey Rd.

Schuylerville, NY 12871

S/B/L# 182.-1-28 Rural District


Applicant is seeking information on the application process for the Special Use Permit needed for a sawmill on his 10 acre parcel at 193 Casey Rd.  Barney Drumm addressed the board.  He noted that he meets the requirements in the regulations for a sawmill in a Rural District.  The board had no objections.  He was given the forms needed and will apply.


Old Business: Chairman Ian Murray suggested another site visit of the proposed Schuyler Hills conservation subdivision on Route 29.  It was decided to meet at the site on Wednesday, May 19th at 6:00 p.m.



New Business: Chairman Ian Murray mentioned the meeting scheduled for 7:00 p.m. May 5th with the Town Board, the Zoning Board, and Larry Benton of the County Planning Board regarding the presentation of Planned Unit Developments (PUD’s) and urged the board to attend.  It was suggested that shared driveways be discussed also. 


The next meeting will be Wednesday, May 26, 2004 at 7:30 p.m.


A motion to adjourn was made at 10:40 p.m. by Laurie Griffen and seconded by Susan Cummings. Chairman Ian Murray – aye, Susan Cummings  – aye, Ralph Pascucci – aye, Albert Baker – aye, Paul Griffen – aye, Laurie Griffen – aye, Robert Park – aye.  7 – 0  Carried



Respectfully submitted,



Ruth L. Drumm, Clerk


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