TOWN OF SARATOGA
MINUTES - DRAFT
April 27, 2005 - 7:30 PM
Chairman Ian Murray called the meeting to order at 7:33 p.m.
Clerk Catherine Cicero called the roll. Chairman Ian Murray – present, Susan Cummings – present, Ralph Pascucci – present, Albert Baker – present, Paul Griffen – present, Robert Park – present, Laurie Griffen – present, and alternate Patrick Hanehan – present.
Approval of Minutes: All board members present had read the minutes of the March 30, 2005 meeting. Ralph Pascucci pointed out that he had recused himself from voting on his Special Use Permit application. A motion was made by Paul Griffen to accept the minutes of the meeting with that correction, and Laurie Griffen seconded it. Chairman Ian Murray – aye, Susan Cummings – aye, Paul Griffen – aye, Ralph Pascucci – aye, Albert Baker – aye, Robert Park – aye, Laurie Griffen – aye. Carried 7– 0.
All board members present had read the minutes of the April 21, 2005 workshop meeting. Town Engineer Kenneth Martin made several clarifications to the document. A motion was made by Paul Griffin, seconded by Susan Cummings, to accept the minutes of the workshop meeting for the review of the SEQR pertaining to the Southard Road subdivision with Town Engineer Kenneth Martin’s clarifications. Chairman Ian Murray – aye, Susan Cummings – aye, Paul Griffin – aye, Ralph Pascucci – aye, Albert Baker – aye, Robert Park – aye, Laurie Griffin – aye. Carried 7-0.
Order of Business:
Roohan & Barlok, Applicants E.M. Mease, Owner
519 Broadway 130 Southard Rd.
Saratoga Springs, NY 12866 Saratoga Springs, NY 12866
S/B/L 181-1-12.1 Rural District
Applicant is seeking final plan approval for an 11-lot subdivision on 69.11 acres +/- on Southard Rd, with 5.596 acres +/- being retained by the current owner. The proposed lots range from 4.29 acres +/- to 10.705 acres +/-.
Albert Baker recused himself from all discussion and vote on this application. Chairman Ian Murray asked the Board if there were any further questions concerning the application. There were none.
Robert Park read a resolution to approve the final Conditioned Negative Declaration under SEQR. [A copy of the resolution is attached to these minutes.] Robert Park made a motion, seconded by Laurie Griffin, to adopt the resolution as read.
Chairman Ian Murray—aye, Susan Cummings—aye, Robert Park—aye, Ralph Pascucci—aye, Paul Griffin—aye, Laurie Griffin—aye, Albert Baker—recused. Carried 6-0.
Laurie Griffin then read a resolution to approve the subdivision plat of the Southard Road subdivision, subject to the conditions found in the attachment to the document, entitled “Exhibit A.” [A copy of the resolution is attached to these minutes.]Laurie Griffin then made a motion, seconded by Susan Cummings, to grant the application of Roohan & Barlok for the proposed subdivision on Southard Road, E.M. Mease, owner. Chairman Ian Murray—aye, Susan Cummings—aye, Ralph Pascucci—aye, Paul Griffin—aye, Laurie Griffin—aye, Albert Baker—recused, Robert Park—nay. Carried 5-1.
James Doyle, Applicant
175 Church St.
Saratoga Springs, NY 12866
S/B/L 157.-1-2 Rural Residential
James Doyle addressed the Board, explaining that his purpose was primarily to update the Board on recent developments concerning his property, which straddles the Town lines of Saratoga and Northumberland. The Northumberland portion of the property is a proposed industrial site while the Saratoga portion of lands will be subdivided into 24 lots of various sizes for single family use. The Schuylerville School District is currently negotiating with several property owners to buy land to expand the Schuylerville School campus. Mr. Doyle reported that he has bought 2 rights-of-way involved in those negotiations, which would allow the School to negotiate with 3, rather than the original 5, property owners. Mr. Doyle asked the Planning Board for an adjournment of this application for at least 30 days. Ralph Pascucci stated that the application should be tabled until after the negotiations with the School District are concluded. Chairman Murray pointed out several problems related to Mr. Doyle’s plans, including the change in zoning between the towns, the length of the cul-de-sac, and the slopes. Mr. Doyle stated that he would address all issues before returning to the Board. Paul Griffin noted that, even after the property is reduced by the School’s portion, there is still plenty of land left for development, and recommended that Mr. Doyle consider a conservation plan for his subdivision prior to returning to the Planning Board. TABLED
Julia & Charles Van Hall, Applicant
13 Olde Saratoga Knolls Lane
Schuylerville, NY 12871
156.-4-53.2 Rural Residential
Julia Van Hall addressed the Board, proposing to subdivide the last 32.28+/- acre lot in the Olde Saratoga Knolls subdivision because it is too large to maintain and is land locked. The resulting lots would be 10.28+/-acres and 22+/-acres. Chairman Murray stated that this is a Zoning Board of Appeals issue because the property lacks sufficient road frontage for subdivision. Therefore, if Ms. Van Hall decided to move forward with the process, she would have to formally apply to the Planning Board next month. The Planning Board would then deny the application and send
it to the ZBA, possibly with a recommendation. Chairman Murray asked Ms. Van Hall if she had a proposed house location or if there were any wetlands on the property. Ms. Van Hall described the type of house she would prefer to have built and stated that she did not believe there were any wetlands. There followed a discussion on the history of the development, including the length of the access road, and the necessity of a deed restriction if granted, to prevent further subdivision. Mr. Pascucci thought an easement had been left on the back property. Chairman Murray directed the Applicant to bring a copy of the property deed when she returns. RETURNING
Gary Grentzer, Applicant
52 Ruggles Road
Saratoga Springs, NY 12866
S/B/L 154-1-4.1 Rural Residential
Returning Applicant proposes to subdivide 2.2+/- acres for a home site in the existing development of Scidmore Woods. Mr. Grentzer stated that he was looking for further guidance from the Board regarding his proposed two lot subdivision. There followed a lengthy discussion regarding his proposed cul-de-sac flowing from a “cul-de-sac.” The Board expressed concern that the proposed road is over 800’ in length, which raises engineering, safety, and maintenance issues. The Board then discussed the definition and use of a “loop road,” and the character of the terrain. Ralph Pascucci stated that Mr. Grentzer should build his personal residence, and then return to the Board with any plans for a conservation subdivision, rather than have the Board commit to something vague. TABLED
Marc & Emily Liptak, Applicant Lloyd & Donna Fisher, Owners
101 Minnie Bennett Road Hathaway Road
Schuylerville, NY 12871 Schuylerville, NY 12871
S/B/L 182-2-10 Rural
Applicant, represented by James Vianna, proposes to subdivide 2+/- acres with approximately 200’ of road frontage on Minnie Bennett Rd. from the 93.5+/- acre parcel for a residential dwelling. The Fishers’ home is located on Hathaway. Mr.Vianna stated that no survey has been performed, but the engineering work has been done for soil investigation and perc test. Mr. Vianna plans to return next month for the final application and public hearing. RETURNING
Daniel Gaba, Applicant Fran & Edward Gaba, Owners
8 Labelle Lane Box 429 Sodeman Road
Saratoga Springs, NY 12866 Saratoga Springs, NY 12866
S/B/L 170-1-33 Rural
Daniel Gaba addressed the Board, referring to a sketch of his proposal to subdivide the 24.1+/- acre property on Haas Road into twelve lots for single family homes, entitled Mountain View Estates. Chairman Murray expressed serious concerns regarding the slopes on the property, and stating that Mr. Gaba would require an engineering analysis before moving forward. He added that septic systems are not possible on 15% slopes. Chairman Murray expressed his concern regarding “cul-de-sac sprawl” as well as the Town’s ability to maintain the proposed road. He suggested a two lot subdivision at best, given the severity of the slopes and the type of soil on the property. RETURNING
Gordon P. Nicholson, Applicant Walter J. Taras, Owner
900 Rte 146 173 Co. Rd 69
Clifton Park, NY 12065 Schuylerville, NY 12871
S/B/L 182.-2-15.11 Rural
Returning Applicant, assisted by James Vianna, proposes to begin Phase II of a planned development: a 38 unit subdivision of single family homes on 121.82+/- acres. Mr. Vianna stated that Phase III of the project, a gentleman’s horse farm on a 57 acre piece, is still viable, but he would like some clarification from the Board as to placement of the house and barns. A preliminary soil investigation was done and it was determined that one side was not well-drained or conducive to septics. Mr. Nicholson presented the proposal, which includes 38 building lots, starting at 40,000 sq. ft. Due to the sensitivity in the Town to water issues, 7-8 test wells will be dug. The existing barns on the property will be removed, and Creighton-Manning will be hired to conduct traffic studies.
Chairman Murray stated that he wants to see plans for a conservation subdivision for the property. He did not like the idea for a third road, and added that some elevations are below road level. He was also looking for buffers to be built into the plans. Mr. Vianna felt that the wetlands would satisfy the buffer requirements. Chairman Murray stated that a minimum of 75 ft. would be needed for the buffer. He added that the site would need screening and beautification.
Mr. Vianna stated that the presentation was an introduction to present the Applicant’s ideas. A survey still needs to be done and the wetlands need to be located.
Chairman Murray stated that the plan needed to preserve open spaces. He reminded the Applicant to check DOH regulations, and to consult with the County regarding the proximity of the County road to the corners of the parcel. Mr. Nicholson said that he would consult with the County before returning to the Planning Board.
Mr. Griffen stated that he would like to see the development set back and screened from the road; the Town would like to preserve a rural look. Mr. Vianna stated that Mr. Taras might set aside land in lieu of park fees.
Chairman Murray said that the proposed number of houses was too dense, and he would prefer 30-32 houses instead. Mr. Nicholson said that he would spread the density.
Ms. Cummings stated that she would prefer not to cut the existing tree line buffer. Mr. Pascucci stated that the trees should not be taken out, the agricultural aspect should be left, and a buffer should be put in instead of the berm.
Mr. Griffen suggested that something else should be done other than the proposed road system; he did not like the cul-de-sacs. Mr. Vianna stated that the number of roads was reduced to cut down on Town maintenance. Ms. Cummings responded that the Town doesn’t have to own the roads. Town Engineer Martin suggested that the Applicant consult with the Town Highway Superintendent. Mr. Vianna stated that the Applicant would return with a couple more designs.
Special Use Permit
929 Rt 29E
Saratoga Springs, NY 12866
S/B/L 156.-1-1 Rural Residential
Ralph Pascucci is seeking a Special Use Permit to utilize approximately a 400 sq. ft. piece of property on his 40 acre parcel as a “green cemetery.” The proposed use of the property will enable Mr. Pascucci to preserve the integrity of the property, while permitting multiple uses. His current plans include a long drive that will loop through the affected property to give funeral processions access. No additional driveways, parking areas, or buildings are proposed at this time. He is primarily seeking information from the Board as to whether this use is possible and will provide more information in the future as to how he will operate the business. He will also discuss his intended use with his neighbors.
Chairman Ian Murray pointed out that the proposed cemetery has been identified as a sensitive historical area by Town Historian Sean Kelleher. There is an old cemetery located 1000’ from Mr. Pascucci’s property line. Chairman Murray stated that Mr. Pascucci would have to undertake a Phase 1A/B literature study prior to any ground disturbing activity. This would not involve an actual archaeological dig, but would entail hiring an archaeological firm to do the investigation.
Chairman Murray relayed that at last month’s meeting, after receiving a letter from Town Historian Sean Kelleher requesting Type I SEQR review, the Board had designated itself as lead agency, and sent out appropriate letters of intent. A letter was returned from James Warren, from the New York State Office of Parks, Recreation and Historic Preservation, recommending the Phase I review.
Chairman Murray stated that the Board could complete the short form EAF at this meeting and put conditions on it, or wait until Mr. Pascucci completes the Phase1A/B study. There followed a discussion of SEQR, an explanation of the separate Titles, as well as examples, and what qualifies as SEQR review.
Town Attorney William Reynolds recommended that the Applicant contact the State Archaeologist before proceeding.
Larry Thompson requested information regarding property he is contemplating buying at 335 Rte 32 S., in the Rural District. Mr. Thompson questioned the ability to subdivide the property given the lack of road frontage. He understood that there was a 60’ right-of-way to the back of the property; however, he could find nothing on file. Albert Baker explained that he actually needed 55’ of frontage. Chairman Murray explained that he could only get a 2 lot subdivision out of the parcel due to the existing bedrock.
Marilyn Zaborek commended the Board for its concern and thorough review of property issues throughout the meeting. She expressed her thanks and stated her interest in attending the next ZAAC meeting.
Stephen Bodnar related some background information to the Board concerning the proposed subdivision on the Walter Taras property. He stated that the aerial photograph used by the Applicant was taken prior to the installation of Musket Drive. He expressed concerns with groundwater in that area, and added that the acreage contained a lot of buried “stuff.”
Old Business: None
New Business: None
The next meeting is scheduled for May 25, 2005.
A motion to adjourn was made at 9:43 p.m. by Robert Park, seconded by Laurie Griffin. Chairman Ian Murray – aye, Susan Cummings – aye, Ralph Pascucci – aye, Albert Baker – aye, Robert Park – aye, Laurie Griffen – aye, and Paul Griffin—aye. Carried 7-0.
Catherine E. Cicero
RESOLUTION for APPROVAL
of FINAL CONDITIONED NEGATIVE DECLARATION
WHEREAS, a project known as the Southard Road Subdivision has been determined to be an action subject to the State Environmental Quality Review Act (SEQR), and
WHEREAS, the Board has determined that this action is an unlisted action, and
WHEREAS, on July 28, 2004, the Board designated itself as lead agency for this project, and
WHEREAS, the Board received and reviewed the following documents:
· Field Investigation report prepared by the LA Group
· Stormwater Management report prepared by LA Group;
· Report from Moore Well Drillers, Inc.;
· Correspondence from Saratoga County Planning Board;
· Letter from NYS DEC;
· Report from NYS DEC;
· Supplemental Stormwater Management Report prepared by LA Group;
· Memorandum prepared by Kenneth Martin, P. E. ;
· Letter from C. T. Male, Inc.;
· Letters from NYS DOH;
· Technical memo prepared by Harvey Wolfers;
· CT Male water study;
· Sterling water study;
WHEREAS, the Board caused to be prepared a full environmental assessment form, which form was thoroughly discussed and reviewed by the Board at a regular meeting held on January 26, 2005, and
WHEREAS, on January 26, 2005, the Board determined the significance of the action and duly adopted a conditioned negative declaration imposing certain conditions to eliminate or reduce the identified potentially significant adverse environmental impacts, and
WHEREAS, the Board caused to be published in the Environmental News Bulletin (ENB), a notice of said conditioned negative declaration on February 16, 2005, and
WHEREAS, more than 30 days has elapsed since publication of the aforesaid notice, during which time the Board has received public comment, and
WHEREAS, public comment has been duly considered and reviewed by the Board, to wit:
· Letter from Hilander Real Estate/Mark McDonald;
· Letter from Dan Larkin;
· Letter from Alexander Aldrich;
· Letter from Save Southard Road Coalition;
· Petition from various Town citizens;
· Letter from Marilyn Zaborek;
· Letter from Kathleen Martens, Esq. on behalf of Save Southard Road; and
· Letter from Joyce Waldinger, et al.,
WHEREAS, the public comment period under SEQR for this project is closed, and
WHEREAS, the Town Engineer, Kenneth Martin, P. E., prepared for the Board a written response and review of the aforesaid public comment, and
WHEREAS, the Board held a workshop meeting on April 21, 2005 at which time it thoroughly reviewed and discussed the previously prepared EAF, all the aforesaid public comment and the aforesaid report prepared by Town Engineer Kenneth Martin, it is now therefore,
RESOLVED, that the Board hereby makes a determination that there have been no substantive comments received which identify any potentially significant adverse environmental impacts not previously identified or assessed, nor have said comments revealed any substantial deficiency in the proposed mitigation measures set forth in the conditioned negative declaration, it is further,
RESOLVED, that the Board approves without change the previously enacted conditioned negative declaration, thereby completing its SEQR review process.
April 27, 2005
RESOLUTION APPROVING SUBDIVISION PLAT
SOUTHARD ROAD SUBDIVISION
WHEREAS, Roohan & Barlok, hereinafter referred to as “Applicant”, by application dated February 11, 2004 (as revised), has proposed to create an 11-lot subdivision off Southard Road in the Town of Saratoga, and
WHEREAS, the Applicant duly appeared before the Board for a pre-application conference on February 25, 2004, and
WHEREAS, the Applicant thereafter made a preliminary submission of a subdivision plat to the Board, and such proposed plat was reviewed at regular public meetings of the Planning Board held on May 26, 2004 and July 28, 2004, and
WHEREAS, a legally noticed public hearing on said preliminary submission was held on July 28, 2004, and
WHEREAS, the Board by action taken on July 28, 2004, approved the preliminary submission of the Applicant, and
WHEREAS, the Applicant thereafter submitted to the Board a final submission, and a public hearing thereon was held on January 26, 2005 following legal notice of said public hearing, and
WHEREAS, the Board, as lead agency, conducted an environmental review of the proposed project under SEQR, including preparation of a full EAF, the enacting of a Conditioned Negative Declaration on January 26, 2005, the allowance for a 30-day public comment period, and the adoption of the Conditioned Negative Declaration as final on April 27, 2005, and
WHEREAS, in connection with its review of the application, the Board engaged the services of Kenneth Martin, a professional engineer, and also received and reviewed numerous technical reports and other written submissions, including, but not limited to:
· a Field Investigation Report;
· a Stormwater Management Engineering Report;
· a Soil Investigation Report;
· an Agricultural Data Statement and Control form;
· a Groundwater Engineering Report;
· a Supplemental Stormwater Management Report;
· and additional Stormwater Management and Hydrogeologic Review Report,
WHEREAS, the Board has directed a number of plat notes to be placed on the subdivision map involving design and construction standards, a copy of which is attached as Exhibit A, and
WHEREAS, following review and consideration of all of the above, it is hereby
RESOLVED, that the final subdivision plat dated October 12, 2004, prepared by the LA Group, on behalf of the Applicant, is hereby approved, subject to the following conditions:
Final revision and approval of plat by Town Engineer Kenneth Martin, P.E.
and further subject to the preparation and filing with the Saratoga County Clerk of a stamped mylar, together with five stamped and certified paper copies of said map to be filed with the Town of Saratoga.
CONDITIONED NEGATIVE DECLARATION ATTACHMENT
Southard Road Subdivision
1. Stabilized well yield testing shall be witnessed and certified by a professional engineer stating that the well meets the following parameters.
2. All wells shall be quality and yield tested prior to the issuing of a building permit for each lot, this includes certified well yield testing on Lots #2, 6, and 9.
3. At least two monitoring wells shall be used for each well test, these wells will be preferably adjacent neighbors’ wells or existing subdivision wells if neighbors are unwilling to allow monitoring.
4. The “stabilized well water level” (drawdown) shall be defined as the water level in the test well shall not fluctuate more than plus or minus 0.5 foot for each one hundred feet of water in the well (static level). The maximum fluctuation for a well shall not exceed one and one half feet (1 ½ ‘). This shall be level shall be maintained during the four hour stabilized pump flow test.
5. The test well recovery shall be to 95%+ of the initial static water level within 24 hours following the well yield test.
6. An air tube shall be installed in all wells in the subdivision for water level checking, this air tube will be a permanent installation. The developer shall provide the home owner with catalog make and model numbers of the reading and recording instruments and where they may be purchased by the owner if he so desires.
7. The minimum well yield acceptable for the issuing of a building permit is two (2) gpm. The well pump shall be sized to pump less than the stabilized flow rate at the stabilized drawdown level.
8. A full day of water storage of based on 100 gallon per bedroom with a minimum of 400 gallon storage shall be provided. A booster pump shall deliver water from the storage tank to the users through a pneumatic tank. The well casing shall not be counted for water storage.
9. Treatment and/or storage shall be submitted to the Code Enforcement Officer as information attached to each building permit application.
CONDITIONED NEGATIVE DECLARATION ATTACHMENT
Southard Road Subdivision
10. Stabilized well yield testing shall be witnessed and certified by a professional engineer stating that the well meets the following parameters.
11. All wells shall be quality and yield tested prior to the issuing of a building permit for each lot, this includes certified well yield testing on Lots #2, 6, and 9.
12. At least two monitoring wells shall be used for each well test, these wells will be preferably adjacent neighbors wells or existing subdivision wells if neighbors are unwilling to allow monitoring.
13. The “stabilized well water level” (drawdown) shall be defined as the water level in the test well shall not fluctuate more than plus or minus 0.5 foot for each one hundred feet of water in the well (static level). The maximum fluctuation for a well shall not exceed one and one half feet (1 ½ ‘). This shall be level shall be maintained during the four hour stabilized pump flow test.
14. The test well recovery shall be to 95%+ of the initial static water level within 24 hours following the well yield test.
15. An air tube shall be installed in all wells in the subdivision for water level checking, this air tube will be a permanent installation. The developer shall provide the home owner with catalog make and model numbers of the reading and recording instruments and where they may be purchased by the owner if he so desires.
16. The minimum well yield acceptable for the issuing of a building permit is two (2) gpm. The well pump shall be sized to pump less than the stabilized flow rate at the stabilized drawdown level.
17. A full day of water storage of based on 100 gallon per bedroom with a minimum of 400 gallon storage shall be provided. A booster pump shall deliver water from the storage tank to the users through a pneumatic tank. The well casing shall not be counted for water storage.
18. Treatment and/or storage shall be submitted to the Code Enforcement Officer as information attached to each building permit application.
1.) PRIOR TO THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY LOCATED PARTIALLY OR WHOLLY WITHIN
AN AGRICULTURAL DISTRICT, THE PROSPECTIVE GRANTOR SHALL DELIVER TO THE PROSPECTIVE GRANTEE A
NOTICE WHICH STATES THE FOLLOWING:
“IT IS THE POLICY OF THIS STATE AND THIS COMMUNITY TO CONSERVE, PROTECT AND ENCOURAGE
THE DEVELOPMENT AND IMPROVEMENT OF AGRICULTURAL LAND FOR THE PRODUCTION OF FOOD, AND
OTHER PRODUCTS, AND ALSO FOR ITS NATURAL AND ECOLOGICAL VALUE. THIS NOTICE IS TO INFORM
PROSPECTIVE RESIDENTS THAT THE PROPERTY THEY ARE ABOUT TO AQUIRE LIES PARTIALLY OR WHOLLY
WITHIN AN AGRICULTURAL DISTRICT AND THAT FARMING OCCURS WITHIN THE DISTRICT. SUCH FARMING
ACTIVITIES MAY INCLUDE, BUT NOT BE LIMITED TO, ACTIVITIES THAT CAUSE NOISE, DUST AND ODORS.”
2.) RECEIPT OF SUCH DISCLOSURE STATEMENT SHALL BE RECORDED ON A PROPERTY TRANSFER REPORT FORM
PRESCRIBED BY THE STATE BOARD OF EQUALIZATION AND ASSESSMENT AS PROVIDED FOR IN SECTION THREE
HUNDRED THIRTY-THREE OF THE REAL PROPERTY LAW.
FROM ARTICLE 25AA AGRICULTURE AND MARKETS LAW