TOWN OF SARATOGA

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TOWN OF SARATOGA

PLANNING BOARD

MINUTES - DRAFT

April 26, 2006 - 7:30 PM

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

Clerk Catherine Cicero called the roll.� Chairman Ian Murray � present, Vice-chair Susan Cummings � present, Ralph Pascucci � absent, Paul Griffen � absent, Robert Park � present, Laurie Griffen � present, and 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 March 22, 2006 meeting. A motion was made by Patrick Hanehan, seconded by Laurie Griffen, to accept the minutes of March 22, 2006 as written. Chairman Ian Murray � aye, Susan Cummings � aye, Patrick Hanehan � aye, Laurie Griffen � aye, and Robert Park � aye. Carried 5 � 0.

Order of Business:

Approvals

Charles Ritson

222 Wilbur Rd.

Stillwater, NY� 12170

S/B/L 208-1-14 Rural

Mr. Ritson stated that he is seeking approval from the Planning Board to construct a second residence on his property. Mr. Ritson explained that the property is at the corner of Wilbur and Duell Roads.� The new residence will be built for Mr. Ritson�s daughter on the same side of the road as his own house.� Mr. Ritson said the residence will be �quite aways� from his own house with sufficient road frontage in case the property is ever subdivided.� He added that the sight distances are sufficient for the driveway and that the soil is all sand.� The Board members had no further questions.

Chairman Ian Murray said that the second residence on the property is permissible by Town zoning regulations for multiple use as long as there is sufficient acreage and road frontage if the property is ever subdivided.� He explained that Mr. Ritson meets the criteria to add the second residence and no Planning Board action is necessary.� He advised Mr. Ritson to see Town Zoning Officer Robert Hathaway when he was ready to obtain a building permit.

Subdivisions

Karen & Tom Tyler, Applicant�� Edward Bodnar, Owner��

27 Main Ave. �� 132 Russell Rd.

Rensselaer, NY� 12144�� Schuylerville, NY 12866

S/B/L 195-1-32.1 Rural

Stephen Bodnar addressed the Board on behalf of the Applicants, who are seeking to subdivide a 80,000+/- square foot lot, with 200� of road frontage, from a 75.7+/-acre parcel. Mr. Bodnar explained that there is a trailer currently on the lot which will be removed, the perc test has been done, and a new well will be drilled.� Mr. Bodnar stated that the Applicants will be building on the front 200� of the property, and that they will probably be building into the hill. He explained that the property had been mined in the past so hardpan can be hit at 7� in some spots.

There followed a brief discussion on the terrain of the property, including the location of a gully and the depth of the groundwater.

Proof of notice having been furnished by newspaper on April 17, 2006, Chairman Ian Murray opened the Public Hearing at 7:40 p.m., asking that anyone having comments provide their name, address, and state whether they were for or against the proposal.� There were no interested parties; the Public Hearing was closed.

Chairman Ian Murray read a letter from the County Planning Board indicating that it had no objections to the proposal.

Chairman Ian Murray asked the Board if there were any further questions.� There were none.

Laurie Griffen then read the short form EAF, which was completed by the Board.� Chairman Ian Murray made a motion, seconded by Susan Cummings, to accept the documents as presented, declare the SEQR review complete, and to make a negative declaration.� Chairman Ian Murray � aye, Susan Cummings � aye, Patrick Hanehan � aye, Laurie Griffen �aye, and Robert Park � aye. Carried 5� 0.�

Chairman Ian Murray noted that there was no agricultural statement on the survey, and directed the Applicants to include the statement before the maps are signed.

Laurie Griffen made a motion, seconded by Patrick Hanehan, to grant the subdivision on condition that the agricultural statement is added to the maps before they are signed.� Chairman Ian Murray � aye, Susan Cummings � aye, Patrick Hanehan � aye, Laurie Griffen �aye, and Robert Park � aye. Carried 5� 0.� GRANTED

Nick Washco, Applicant

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 in two; one approximately 7+ acres, and the other 14+ acres. Nick Washco addressed the Board.

Chairman Ian Murray reported that he had spoken with the engineer, Paul Male, regarding the septic design.�

Town Engineer Kenneth Martin stated that he had several questions concerning the septic design and said that he would speak with the engineer. He had concerns about using a raised system as opposed to a shallow system. It was his professional opinion that the Board should wait to take action on this matter until he could determine whether the lot was buildable.� There followed a brief discussion on the septic requirements.� In response to a question from Patrick Hanehan, it was determined that a raised septic system still requires a perc test.

Chairman Ian Murray noted that Mr. Washco has satisfied all other requirements regarding the subdivision.

Susan Cummings read a letter from a neighbor requesting that a deed restriction be placed on the two properties to prevent further subdivision.� Chairman Ian Murray noted that the configuration of the lots puts limits on further building anyway; the road frontage on the lot with the residence is very tight already.�

In response to a question from Laurie Griffen about the cemetery on the property, Mr. Washco stated that the cemetery is private, and has been abandoned.

Chairman Ian Murray asked the Board if there were any further questions.� There were none.

RETURNING

Barney & Shirley Drumm

139 Coveville Rd.

Schuylerville, NY� 12871

S/B/L 182.-1-68 Rural

Barney and Shirley Drumm addressed the Board regarding their proposal to add a 14.25+/- acre parcel to their current property; then subdivide and sell off a 165�x400� piece, which includes a residence.� The remainder of the property, which has a trailer situated on it, would be combined on one deed.� Mr. Drumm said that the trailer will remain on the property.� Two septic systems are on the purchase property, so no engineering is necessary.

�

In response to a question from Chairman Ian Murray, Mr. Drumm stated that he hasn�t had the property surveyed yet.� Chairman Ian Murray stated that, legally, the Drumms only need to have the small parcel surveyed, but he would like to see a survey of the entire piece.� Mr. Drumm stated the he now has a contract to purchase the property.

Chairman Ian Murray read the Notice of Action from the Zoning Board of Appeals, dated April 25, 2006, granting a variance for road frontage.�

Chairman Ian Murray stated that, although this matter was legally noticed for a public hearing by newspaper dated April 20, 2006, he would postpone the hearing until the May meeting so any interested parties would be able to view a map of the proposal.

After a brief discussion, it was determined that the Drumms would not have to provide notice again to their neighbors by return receipt request; but they should provide a second notice by regular first class mail.

Chairman Ian Murray asked the Board if there were any further questions.� There were none.

RETURNING

Michele Rifenberg, Applicant

216 Hayes Rd

Schuylerville, NY� 12866

169-1-25 Rural

Applicant proposes to subdivide a 6.5+/- parcel into one 4.5+/- acre lot and one 2+/- acre lot.� The Applicant plans to build a residence for herself on the 4.5+/- acre lot in the near future.�

Harold Berger addressed the Board on behalf of Ms. Rifenberg, explaining that he will be designing the septic systems for both lots, and that Dan Wheeler had done a survey of the entire property.� Mr. Berger said that lot 1 would have a shallow trench with fill, but lot 2 would need a raised septic system.� He added that the groundwater was at 18� for lot 1 and at 36� for lot 2.� Mr. Berger said that if he changes the placement of the septic system, he will perform another perc test on the property.

There followed a discussion on driveway placement for the two lots.� Chairman Ian Murray raised a concern about the vertical curve on the roadway, and directed the Applicant to provide sight distances in feet on the survey.

Chairman Ian Murray noted that the survey needs to be stamped and signed.� Mr. Berger said that he will provide a better delineation of the wetlands on the property.

Proof of notice having been furnished by newspaper on April 17, 2006, Chairman Ian Murray opened the Public Hearing at 8:09 p.m., asking that anyone having comments provide their name, address, and state whether they were for or against the proposal.

Charles Jones�Neither for nor against.� Mr. Jones raised concerns about the two running brooks on the property and their run-off.� Mr. Berger said that he will create a 2� topography map and then reroute the run-off. He added that there is an existing well near a bubbling spring that issues out of the ground.

Chairman Ian Murray requested a map of the property indicating wetland delineation and the existing water for further review.

All those wishing to speak having done so, the Public Hearing was closed at 8:12 p.m.

Chairman Ian Murray asked the Board if they had any further questions.� There were none.� RETURNING

Sketch-Plans

Saratoga Builders, LLC, Applicant�� Valente Realty Partners, Owner

8 Campion Lane�� 315 Partition St.

Saratoga Springs, NY 12866� �� Rensselaer, NY 12144

S/B/L 155.-1-27.1&3 Rural Residential

Returning Applicant proposes a conservation subdivision consisting of 35 building lots on 80.41+/- acres, including 36.4+/- acres of green space walking trail and a horse farm.� The proposed subdivision would be located at the intersection of NYS Rte 29 and Louden Road.

Sam Palazzole addressed the Board, explained the conservation subdivision proposal, and reported that there are no wetlands that need to be dealt with; therefore, there will be no Army Corps of Engineers involvement.� The map includes proposed locations of wells and septics, 1 acre+/- proposed to be donated to the Quaker Springs Fire District for a substation on NYS Route 29, and the green space which amounts to approximately 36.4 acres.� This proposal has been redesigned since the last meeting.� The cul-de-sac has been redesigned and the pie-shaped lots have been removed. The latest proposal is for 35 lots plus a horse farm.

There followed a discussion of the proposed walking trail around the development.�

Laurie Griffen would like to see more options concerning the proposed horse farm area and would like to see more creativity from the developer.� Mr. Palazzole said that he was willing to work with whatever the Town has in mind. It was determined that Laurie Griffen and Susan Cummings would meet with Town Supervisor Tom Wood and the developer regarding the green space and horse farm property on May 3, 2006.�

In response to a question from Chairman Ian Murray, Mike Brooks of Tommelle Associates reported that the cul-de-sac road would be less than 800� in length in accordance with Town standards.� There followed a discussion on plans for storm water management and drainage from the roads.

No traffic study has been done yet, although it is anticipated that the study will be performed by Creighton-Manning.� Mr. Palazzole stated that the sight distances for the entrance onto NYS Route 29 were excellent.� There followed a brief discussion concerning the sharp angle of the Louden Road intersection.

Mr. Brook explained that the property has been logged, so there are very few old growth trees on the lots.

RETURNING

Robert E. & Jan A. Park

57 Trombley Road

Stillwater, NY� 12170

S/B/L 193.-1-23.11 Rural Residential 2

Applicant is seeking to subdivide 2 acres from a 60+/- acre parcel for a single family residence.� Robert Park recused himself from the Board; then addressed the Board regarding the application.

Mr. Park explained that the proposed subdivision will be 2 to 3 acres and is located at the top of a knoll at the edge of a 17 acre alfalfa field.� Mr. Park explained that his son plans to build on the site within the next few years, and the property must be subdivided in order for him to obtain a mortgage.� He said that the remainder of the property will eventually be part of a conservancy.�

In answer to questions from the Board, Mr. Park stated that the knoll is steep enough to be a danger for farm machinery.� The soil is a mixture of sand and clay in that area.� He said that the sight distances are okay for the subdivision, but the lot sits approximately 10 feet above the road.� He planned to grant an easement so the driveway could follow the edge of the field to the road.� Town Engineer Kenneth Martin recommended that the house have its own driveway.

It was determined that the perc test would not need to be done until time for construction.� Town Engineer Kenneth Martin said that, because the property will remain agricultural until construction, the agricultural statement on the map can be tied to that.�

Mr. Park will determine the extent of the parcel he would like to have subdivided and have the property surveyed.

RETURNING

David S. Brown, Applicant

78 Condon Road

Stillwater, NY� 12170

S/B/L 193-1-8 Rural

Applicant proposes to subdivide 2 acres from a 7.036+/- acre parcel.� Mr. Brown explained that the property has 613� of road frontage.� He recently purchased the property, which had been willed to Skidmore College.

Susan Cummings commented that there were a lot of wetlands on the property and that there is a sharp curve along the road frontage.� There is also a stream on the property.�

Chairman Ian Murray stated that the subdivision meets the zoning requirements.� He directed Mr. Brown to have the property surveyed, complete the engineering work, and investigate the extent of the wetlands and stream.

Town Engineer Kenneth Martin advised Mr. Brown to be aware of the setbacks on both pieces in placing the residences.� Chairman Ian Murray requested sight distances for the curve before seeking a curb cut for the driveway.

RETURNING

Special Use Permits

Jeffrey & Deborah Dooley, Applicants

111 Condon Rd.

Stillwater, NY� 12170

S/B/L 193.-1-7.3 Rural

Returning Applicants are seeking a Special Use Permit to operate a boat storage facility on their 4.6+/- acre lot.�

Chairman Ian Murray advised the Applicants that the special use permit would be conditioned with the provision that it would be strictly limited to storage with no maintenance allowed.

Chairman Ian Murray asked the Board if they had any questions.� There were none.

Proof of notice having been furnished by newspaper on April 19, 2006, Chairman Ian Murray opened the Public Hearing at 8:49 p.m., asking that anyone having comments provide their name, address, and state whether they were for or against the proposal.

Stephen Bodnar�Neither for nor against.� Mr. Bodnar said that the Dooleys had a nice facility, but wanted to know whether the boats would be required to remove all gasoline before storage for fire safety purposes.

Chairman Ian Murray said that the Board couldn�t enforce such a requirement, but that the Dooleys would probably want to require the removal of all flammables and the batteries for fire protection and for insurance purposes.� He said that Michael Giovanone intends to do that with his boat storage facility that was recently approved by the Board.� Chairman Ian Murray said that he would make the requirement a condition of the special use permit.

All those wishing to speak having done so, the Public Hearing was closed at 8:52 p.m.

Robert Park made a motion to grant a one-year, renewable Special Use Permit, with the condition that all batteries and flammables be removed from any stored boats.� There will be no outside storage or maintenance. The motion was seconded by Patrick Hanehan.� Chairman Ian Murray � aye, Susan Cummings � aye, Patrick Hanehan � aye, Laurie Griffen �aye, and Robert Park � aye. Carried 5� 0.� GRANTED

SBA Network Services, Inc.

5900 Broken Sound Parkway, NW

Boca Raton, FL� 33487-2797

S/B/L 169-1-64 Rural

Applicant is seeking a Special Use Permit to construct an unmanned telecommunications facility consisting of a 195� monopole tower with provisions for up to five future wireless telecommunications providers on the tower and at the tower base for antennas and equipment.� The proposed tower site property is owned by the Town of Saratoga at the landfill off Hayes Road.

Shane Newell represented the Applicant, stating that SBA is a national tower development company, which specializes in multi-user facilities.� It has no particular carrier limitations other than structural capacity.� He gave examples of towers that SBA has built around the country, including one recently built in the City of Saratoga Springs.� He also explained how the towers work when linked with other towers.

Chairman Ian Murray asked whether any studies have been done to support the proposed height, stating that the Board does not want to approve a 195� tower if it isn�t necessary.� Mr. Newell explained that it is difficult to obtain specific data from the carriers, and that SBA relies on predictions to determine which carriers will actually be using the tower.� He added that there is currently no infrastructure in this area, so several carriers may be interested.

Mr. Newell asserted that the only consideration before the Board concerning the towers is the visual impact.� He said that he has already contacted SHPPO regarding the archaeological aspects.� Chairman Ian Murray advised Mr. Newell to obtain a copy of the Town�s zoning regulations to reference the Town�s requirements for cell towers.

Chairman Ian Murray also directed Mr. Newell to complete a long form EAF and provide data on the visual impacts of the proposed towers.�

Town Engineer Kenneth Martin had questions about how the grading would be addressed, how the towers would be stabilized, and what the foundations consisted of.

Mr. Newell said that the all towers are self-supported.� There are no guidewires.

In answer to a question from Robert Park, Mr. Newell explained that the company tries to build below FAA height restrictions in order to avoid having to place lights on the tower; however, in high traffic areas, or near private airports, the FAA may require lighting regardless.� He noted that the Coveville location has a private runway nearby that could be a problem.

Chairman Ian Murray said that this matter will be tabled until the Applicant completes a more detailed application.� He also said that Mr. Newell will need a balloon float to see the tower height. Mr. Newell responded that photos and simulations are used these days instead of a balloon float.� He said that he is waiting for SHPPO to tell him what photographs will be necessary. He said the Board could request further photographs if it feels that they are necessary.

Chairman Ian Murray said that the Board would not declare lead agency status until Mr. Newell supplies a long form EAF.� He added that the Board will assume lead agency status unless it is contested by another agency.

Robert Park asked for a history of the company in this area.

In response to a question from Laurie Griffen, Mr. Newell explained that the height for the towers varies according to the location and specifics.�

Chairman Ian Murray asked the Board if they had any further questions.� There were none.

Mr. Joseph Finan, of the National Park Service, asked Chairman Ian Murray about the process for participation in the SEQR review. The National Park Service will be listed among the partipating agencies.

Chairman Ian Murray noted that the same issues would apply to the Coveville site as well.

TABLED

SBA Network Services, Inc.

5900 Broken Sound Parkway, NW

Boca Raton, FL� 33487-2797

S/B/L 183-1-49 Rural

Applicant is seeking a special use permit to construct an unmanned telecommunications facility consisting of a 150� monopole tower with provisions for up to five future wireless telecommunications providers on the tower and at the tower base for antennas and equipment.� The proposed tower site property is privately owned.� TABLED

Kimberly Wilbur & Donald Neubauer, Jr.

57 Pryn Hill Rd.

Mechanicville, NY� 12118

S/B/L 183.-1-30.1 Conservancy

Applicants are seeking a special use permit to operate a marina on their property.� Attorney Kevin Tollisen appeared on behalf of the Applicants, explaining that there is over 600� of river frontage, that the driveway is shared by an adjoining marina, and that the driveway has an easement over property owned by the Town.� No one resides on the property; there is a Foote shed located there now.� Eventually, the owners would like to add a septic and rest room facilities.� They would like to erect a structure on the property.

In response to a question from Laurie Griffen, Mr. Tollisen said that there is very little traffic in and out of the site, so traffic flow is not an issue.� He also explained that the site will not contain a refueling station for boats, and will have no launch provisions.� The Applicants do not intend to have any signage.

Chairman Ian Murray directed the Applicants to provide an accurate survey of the property to make sure that it meets acreage requirements.� The map should include the proposed docks and parking area.� He also requested further information on the driveway, including the width and whether it is blacktop.� Mr. Tolllisen responded that the driveway is approximately the width of a car�7�.

Town Engineer Kenneth Martin requested that the Applicants be directed to go ahead with the engineering for the septic, stating that they would have to hire someone to do that.

RETURNING

Bill Ippoliti, Applicant

133 Schuyler St.

Victory Mills, NY� 12884

S/B/L 170.39-1-12 Village Extension

Returning Applicant is seeking a Special Use Permit to add a two-family addition onto a two-family unit on 3.162 acres in the Village Extension.� Mr. Ippoliti provided a profile of the proposed building delineating the roofline. He explained that the roofline on the profile will be changed slightly, and that the well placement on the property may change because of a pump put in at the rear of the property.�

Town Engineer Kenneth Martin suggested that the new Town water regulations and septic information could be tied to the building permit.� Mr. Ippoliti stated that the septic will have to be some type of engineered system.

Chairman Ian Murray commented that Mr. Ippoliti has done everything that the Board has requested, and that no renewable special use permit would be necessary (or possible since it involves the addition of a structure).

Laurie Griffen made a motion, seconded by Robert Park, to approve the application as presented for a multi-family dwelling.� Mr. Ippoliti will submit his soil engineering and water regulation specifics to Town Zoning Officer Robert Hathaway when he applies for his building permit.� Chairman Ian Murray � aye, Susan Cummings � aye, Patrick Hanehan � aye, Laurie Griffen �aye, and Robert Park � aye. Carried 5� 0.� GRANTED

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Compliance

Saratoga Apple, Inc.

NY State 29

Schuylerville, NY� 12871

S/B/L 157.-1-21.12 Rural Residential

Nate Darrow was scheduled to discuss compliance with Town ordinances regarding a trailer on his property but did not appear.

Old Business:

Saratoga Farms, Inc., Applicant�� 

173 Co. Rd. 69

Schuylerville, NY� 12871�� 

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

Gavin Villaume gave an overview of the work that was done on the property prior to issuance of the stop work order on the development.� Several members of the Board expressed their frustration in obtaining requested information and data from Mr. Taras regarding the development of his property and the fact that he was not cooperating with the Board.� Chairman Ian Murray read the following resolution prepared by Town Attorney William Reynolds:

RESOLUTION DISAPPROVING SUBDIVISION PLAT

COUNTY ROAD 69 � SARATOGA FARMS, INC.

WHEREAS, Saratoga Farms, Inc. (Walter J. Taras), hereinafter referred to as �Applicant�, by application dated April 14, 2005 (as revised), has proposed to create a 38-lot subdivision at County Road 69 at Hanehan Road in the Town of Saratoga, and

WHEREAS, the Applicant duly appeared before the Board with a preliminary submission�� of a subdivision plat on April 27, 2005, and

WHEREAS, the application was thereafter considered by the Board at subsequent meetings held on June 29, July 27, August 24 and September 26, 2005, and

WHEREAS, a legally noticed public hearing on said preliminary submission was held on October 26, 2005, and

WHEREAS, at said public hearing concerns were raised by the public concerning increased density, traffic issues, interference with neighboring agricultural operations and non-compliance with the Town Comprehensive Plan, and

WHEREAS, the Board to date has not granted preliminary approval of the subdivision plat, and

�� WHEREAS, in connection with its review of this application, the Board has engaged the services of Kenneth Martin, a professional engineer, and also received and reviewed the following technical reports and other written submissions, including:

� a Stormwater Prevention Plan;

� a Stormwater Management Narrative Plan;

� an Agricultural Data Statement;

� Part I of the long form EAF;

� various revised subdivision plans,

and,��

�� WHEREAS, following a field investigation by members of the Board and Town Engineer Kenneth Martin, the Board finds that the Applicant has performed extensive work on the subject property while this application was pending, including the construction of earthen berms, extensive grading, cutting and filling of proposed roads near proposed entrances, construction of water retention basins and significant removal of trees, and

WHEREAS, due to the extensive unapproved work performed on the property by the Applicant, the topography and vegetation of the land has been changed to such an extent that the Board is not reasonably able to engage in its planning responsibilities due to such changed conditions, and

WHEREAS, following consideration and due deliberation of all of the above, it is hereby,�

RESOLVED, that the preliminary subdivision plat dated November 16, 2005 (as revised) is hereby disapproved.�

Robert Park made a motion, seconded by Patrick Hanehan, to adopt the resolution and disapprove the application. Chairman Ian Murray � aye, Susan Cummings � aye, Patrick Hanehan � aye, Laurie Griffen �aye, and Robert Park � aye. Carried 5� 0.� DENIED

New Business:� There was a brief discussion regarding the revised Planning Board subdivision applications.� Planning Clerk Catherine Cicero said that she will further revise the applications so they can be posted on the Town website.

Town Supervisor Tom Wood summarized the actions taken at the last Town Board meeting.

The next meeting will be May 24, 2006.�

A motion to adjourn was made at 10:58 p.m. by Patrick Hanehan, and seconded by Laurie Griffen. Chairman Ian Murray � aye, Susan Cummings � aye, Patrick Hanehan � aye, Laurie Griffen �aye, and Robert Park � aye. Carried 5� 0.

Respectfully submitted,

Catherine E. Cicero

Planning Clerk

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