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TOWN OF SARATOGA
PLANNING BOARD
MINUTES -
DRAFT
April 25, 2007
- 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 � present, Paul Griffen �
present, Robert Park � present, Laurie Griffen � absent, Patrick Hanehan �
present, Robert McConnell � present, and Alternate Jennifer Koval �
present.�
Approval of Minutes: All
Board members present had read the minutes of the March 26, 2007 meeting. A motion was made by Paul Griffen, seconded
by Patrick Hanehan, to accept the minutes of March 26, 2007 as written.
Chairman Ian Murray � aye, Robert Park � aye, Patrick Hanehan � aye, Paul
Griffen � aye, Robert McConnell � aye, and Ralph Pascucci � aye.
Carried 6 � 0.
Chairman Ian Murray made a
motion, seconded by Robert Park, to elevate Alternate Jennifer Koval to voting
status due to the absence of Laurie Griffen.�
Chairman Ian Murray � aye, Robert Park � aye, Patrick Hanehan � aye,
Paul Griffen � aye, Robert McConnell � aye, and Ralph Pascucci � aye.
Carried 6 � 0.
Order of Business:
Subdivisions
David and Jane Sheeran, Applicants
176 Burke Rd
Saratoga Springs, NY�
12866
S/B/L 181-1-26 Rural
Returning Applicants propose
to divide their 34.39+/- acre lot into four lots: Lot 1 would be 4.99+/- acres,
Lot 2, with an existing house, would be 3.43+/- acres, Lot 3 would be 12.87+/-
acres, and Lot 4 would be 13.0+/- acres.
James Vianna appeared on behalf
of the Sheerans, noting that Lot 1 is now less than 5 acres, and that the
common driveway has been relocated since the Planning Board�s
walk-through.� A previously proposed
buffer area on Lot 3 behind Lot 1 has been removed.� The driveway for Lot 2 will be abandoned.� A new driveway will branch off to serve Lot
1.� Mr. Vianna said that the new
driveway will be �a vast improvement� over the current one.
Chairman Ian Murray stated
for the record that he was unable to attend the walk-through of the property.� Laurie Griffen and Town Engineer Kenneth
Martin were unable to attend as well.
Town Engineer Kenneth Martin
noted the existence of Army Corps of Engineers wetlands to the south of the
driveway.� Mr. Vianna assured him that
no construction is proposed in that area; the new driveway into the 4 lots will
be placed over the existing entrance.�
Mr. Vianna added that he believes the wetlands to be non-jurisdictional
or isolated wetlands.
Patrick Hanehan questioned
the rationale behind the proposed 60� wide driveway.� Mr. Vianna said that cuts and fills would be necessary to meet
Town driveway standards.�
Paul Griffen stated that he
would like to avoid the appearance of a clear-cut area.
Chairman Ian Murray explained
that, due to the Town�s driveway standards and the steep slope and length of
the driveway, more cut-outs would be necessary.
Chairman Ian Murray asked the
Board if there were any further questions; there were none.
Proof of notice
having been furnished by newspaper on April 17, 2007, Chairman Ian Murray
opened the Public Hearing at 7:43 p.m., asking that anyone having comments
provide their name and state whether they were for or against the proposal.
Dan Craine�Mr. Craine asked the Board if there was a Town precedent for a driveway shared by 4 lots.� He asked how they would be maintained without a Home Owners Association and noted that the driveway for Lot 1 would need an easement over two other properties.
Chairman Ian Murray responded that the proposed new Town zoning regulations will promote the use of shared driveways, a concept already endorsed at the County level which has language for a situation such as this one.� He said the Town has approved only one other application for a shared driveway thus far.� Paul Griffen added that the Planning Board likes the concept of shared driveways because it reduces the number of driveway cuts along the roads.� He commented that there always seem to be problems with Home Owners Associations.
Clarence Fosdick�Mr. Fosdick asked if any portion of the driveways would become owned by the Town.� The answer was that none of the driveway would become a Town road.
All those wishing to speak having done so,
the Public Hearing was closed at 7:47 p.m.
Paul Griffen read the short form EAF,
which was completed by the Board.�
Chairman Ian Murray made a motion, seconded by Patrick Hanehan, to
accept the documents as presented, declare the SEQR review complete, and to
make a negative declaration.� Chairman
Ian Murray � aye, Jennifer Koval � aye, Ralph Pascucci � aye, Paul Griffen �
aye, Patrick Hanehan � aye, Robert Park � aye, and Robert McConnell � aye. Carried 7 � 0.
Chairman Ian
Murray noted that the only outstanding issue in this matter is approval of the
engineered septic systems by NYS DOH.�
He said that the Planning Board could proceed and make the issuance of
building permits conditional on the NYS DOH approval, or the Board could wait
for the approval before taking action.�
A discussion followed on the best way to proceed.� Mr. Vianna said that he could put a notation
on the maps stating that no building permit would be issued until the NYS DOH
has approved the septic system for the lot.�
The majority of the Board members were willing to take conditional
action.� Chairman Ian Murray added that
the language for the driveway easements would have to be reviewed and approved
by Town Attorney William Reynolds.
Paul Griffen made
a motion to grant the application, conditioned on final review by Town Engineer
Kenneth Martin and further by approval of NYS DOH before building permits would
be issued. The motion was seconded by Robert McConnell. Chairman Ian Murray
asked for a roll-call vote of the Board:
Chairman Ian Murray � No.�
Chairman Ian
Murray said that the Applicant has met the area requirements necessary for the
subdivision, but the plan does not meet the Town highway standards for Lot
1.� He added that he does not like the
plan and sees no benefit to the Town from it.
Robert Park � No.
Patrick Hanehan � Aye.
Paul Griffen � Aye.
Ralph Pascucci � Aye.
Robert McConnell � Aye.
Jennifer Koval � Aye.
Carried 5-2 GRANTED WITH CONDITIONS
Darren Tracy, Applicant
235 Daniels Road
Saratoga Springs, NY�
12866
S/B/L 157-1-21.11 Rural Residential
Applicant proposes to divide
his parcel on NYS Rte 4 into 2 lots with existing buildings; one lot will
include the relocated house from Schuylerville Central School.
Terry Humiston, surveyor,
appeared on behalf of Mr. Tracy, summarizing the history of the property since
last December when the Board granted a lot-line adjustment from the
Schuylerville School District to Mr. Tracy.�
Mr. Tracy is now proposing to subdivide the same property, with the
relocated house, from the rest of his property.� Mr. Humiston noted that sight distances for the driveway have
been added to the plan.
Mr. Humiston gave a lengthy
summary of the Phase IB Archaeological Study done on the property by the School
District, in which small pottery shards were discovered at one dig site. The
report recommended that the area around the discovery should remain untouched.� Town Engineer Kenneth Martin noted that the
site was not within the building envelope of the house or in the proposed
septic area, and recommended that the point of the dig be delineated on the map
with a 15� radius marked around it as a �no disturbance� area.
Proof of notice
having been furnished by newspaper on April 17, 2007, Chairman Ian Murray
opened the Public Hearing at 8:21 p.m., asking that anyone having comments
provide their name and state whether they were for or against the proposal.� There were no interested parties; the Public
Hearing was closed.
Town Engineer Kenneth Martin stated that he has approved the septic design for the house.
It was noted that the old driveway on the property has been abandoned, and a new driveway will be installed.
Paul Griffen read the short form EAF, which was completed
by the Board. Chairman Ian Murray made a motion, seconded by Robert Park, to
accept the documents as presented, declare the SEQR review complete, and to
make a negative declaration. Chairman
Ian Murray � aye, Jennifer Koval � aye, Ralph Pascucci � aye, Paul Griffen �
aye, Patrick Hanehan � aye, Robert Park � aye, and Robert McConnell � aye. Carried 7 � 0.
Chairman Ian
Murray asked the Board if there were any further questions; there were none.
Paul Griffen made a motion, seconded by Ralph Pascucci, to
approve the subdivision. Chairman Ian
Murray � aye, Jennifer Koval � aye, Ralph Pascucci � aye, Paul Griffen � aye,
Patrick Hanehan � aye, Robert Park � aye, and Robert McConnell � aye. Carried 7 � 0.� GRANTED
Sketch-Plans
Schuylerville Central School, Applicant
14 Spring Street
Schuylerville, NY�
12871
S/B/L 157-1-54 Rural Residential
Applicant proposes to convey,
by lot-line adjustment, 2.874+/- acres of land to T. David Bullard.� The property is located behind the Marshall
House, on the west side of NYS Rte 32 and US Rte 4, 900� north of the Village
of Schuylerville.� Mr. Bullard has no
plans to develop the additional property.�
Terry Humiston, surveyor,
represented the Applicant, stating that the proposal is very
straightforward:� Mr. Bullard is looking
for some buffer property between the Marshall House and the school.� The property at issue is wooded and has a
ravine running through it.� The land
originated with Saratoga Apple, but was never used as part of the orchard.� Recently it was acquired by the School
District.� Mr. Humiston confirmed that a
monetary amount was assessed to the property.
Chairman Ian Murray stated
that no Board action was necessary to approve the lot-line adjustment and asked
Mr. Humiston to submit an updated survey and a deed reflecting the new property
lines. APPROVED
Donna Barber, Applicant
188 Hayes Road
Schuylerville, NY�
12871
S/B/L 156-4-54 Rural Residential
Applicant would like to
subdivide a 3.444+/- acre lot from 92.14+/- acre parcel.� Mr. Humiston represented Ms. Barber stating
that the property was legally subdivided into 8 lots years ago, but recently
was merged into one tax bill.
The Planning Board discussed
several possible ways to proceed, stating that the Planning Board has the
authority to combine the remaining lots, or subdivide in a different manner,
depending on what the Applicant would prefer.�
Robert Park added that the Applicant has sufficient property to
construct a second house without subdividing.�
Mr. Humiston said that he would discuss the matter with his client to
determine what she would like to do.� RETURNING
Old Business:
Saratoga Farms, Inc./Taras, Applicant������� �����������������������
173 County Road 69
Schuylerville, NY�
12871������ ����������������������� �����������
S/B/L 182.-2-23 Rural
Chairman Ian Murray noted
that, due to the fact that the Applicant�s attorney, Mr. Pulsifer, could not
attend the meeting, this item is tabled at the request of the Applicant.� TABLED
AT THE REQUEST OF THE APPLICANT
Robert Park mentioned that he
is concerned about the number of boats �piled everywhere� on the Giovanone boat
storage facility.� A discussion followed
on the high water table this spring and the resulting difficulties around the
Town.
New Business:�
William J. Hanehan
220 County Road 67
Saratoga Springs, NY� 12866
S/B/L 181.-1-49.1 Rural
Patrick Hanehan
recused himself from the Board and presented a plan for the placement of new
trailers on his family�s dairy farm property.��
Chairman Ian Murray noted that there was plenty of road frontage for the
trailers on the property and that a subsequent subdivision would be possible,
if necessary.� Paul Griffen cautioned
Mr. Hanehan to situate the trailers so that all setbacks would be met if a
subdivision did take place in the future.
In answer to a
question from the Board, Mr. Hanehan clarified that the trailers are intended
for year-round use.� APPROVED
Ralph Pascucci
reported that he serves on the Saratoga County Water Quality Coordinating
Committee and has discussed with other committee members the septic system
proposed by Mr. Vitaliano at the March Planning Board meeting.� He said that the other members were
skeptical that such a system will succeed, and questioned who would maintain
the system in the long term. Due to the fact that it is a positive rather than
a passive system, constant maintenance will be required.
The next meeting
will be May 30, 2007.
A motion to adjourn was made at 9:24 p.m. by Paul
Griffen, and seconded by Ralph Pascucci. Chairman Ian Murray � aye, Robert Park
� aye, Patrick Hanehan � aye, Paul Griffen � aye, Ralph Pascucci � aye,
Jennifer Koval � aye, and Robert McConnell � aye. Carried 7 � 0
Respectfully
submitted,
Catherine
E. Cicero
Planning
Clerk