�
TOWN OF SARATOGA
PLANNING BOARD
MINUTES -
DRAFT
August 25,
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 � absent, Paul Griffen �
present, Robert Park � present, Laurie Griffen � present, and alternate Barney
Drumm � present
Approval
of Minutes: All board members present had read the minutes of the July 28th,
2004 meeting.� A motion was made by Paul Griffen to accept the minutes of
July 28th, 2004
as written, and Barney Drumm seconded it. Chairman Ian Murray � aye, Susan
Cummings� � aye, Ralph Pascucci � aye,
Albert Baker � absent, Paul Griffen � aye, Robert Park � aye, Laurie Griffen �
aye, and Barney Drumm - aye.� Motion Carried 7� 0.
Applicants:
Pre-submission Conference � Special Use
Permit
Stephen J.
Mastaitis
1412 Route 9P
Saratoga Springs,
NY 12866
S/B/L
193.6-1-55� Lake Commercial District
Stephen Mastaitis addressed the board seeking a Special Use Permit for a Law Office at 1412 Route 9P.� He presented the board with a proposal showing the parking in the rear, a circular driveway and the placement of a sign by the road.� He stated that he has added a deck with stairs at the rear entrance that is handicapped accessible.� The board suggested that he consider only one entrance instead of the circular driveway as it would have better site distance and be safer.� It was also suggested by Chairman Ian Murray to pave 20 to 30 feet of the entrance from Route 9P for easier access onto the highway.� Chairman Ian Murray added that the sign proposed meets all requirements and could be illuminated.� Stephen Mastaitis stated that a sign would also be put in the window.� He added that he might return in the future to put a new office on the adjacent lot.� Chairman Ian Murray addressed the parking in the rear and said that ten spaces may be required but he could get by with five as long as there is space for another five if needed.� It was also noted that the parking spaces do not have to be paved, they could be crushed stone.� Chairman Ian Murray suggested that he rework the plan with one entrance that has 20 to 30 feet of pavement to Route 9P, revamp the parking area and return next month.�� Returning next month.� �������
James Grotto &
Elena Danas-Grotto
946 Route 29
Saratoga Springs,
NY 12866
S/B/L
156.-1-26� Rural Residential
James
& Elena Grotto addressed the board seeking a Special Use Permit to relocate
their retail Train & Hobby Shop from its current location at 946 Route 29
to the .71 +/- acre lot next door.� A
one story, 1,000-sq. ft. shop would be built on the pre-existing,
non-conforming lot.� Chairman Ian Murray
stated that the lot doesn�t meet the present zoning requirements for a special
use permit and would need area variances granted by the Zoning Board of
Appeals.� James Grotto stated that at
the last meeting Paul Griffen suggested combining the two properties and they
declined doing so but after some thought it made a lot of sense and they agree
that it would simplify things to combine the properties.� Chairman Ian Murray added that they could
rework the plan and include a new survey and it could be contingent on
combining the deeds but that they may want to try getting the variances first
from the ZBA and if they were denied then come back to the Planning Board for
the Special Use Permit with the reworked plan.�
It was noted that they would need to plot the building and parking areas
on the map.� The Grotto�s agreed to try
for the variances first.� Ralph Pascucci
made a motion to deny the Special Use Permit because the lot does not meet the
zoning area requirements.� Paul Griffen
seconded it. Chairman Ian Murray � aye, Susan Cummings� � aye, Ralph Pascucci � aye, Albert Baker �
absent, Paul Griffen � aye, Robert Park � aye, Laurie Griffen � aye, and Barney
Drumm - aye.� Motion Carried� 7� 0� Denied
and going to the ZBA. James Grotto asked how to obtain a separate lot
number for the parcel and it was suggested that he contact Assessor Catherine
DeFelice.�
Case # 04-15
Matthew Ernst
��������������������� 1164 Rt. 29
�������������������� Schuylerville, NY 12871
S/B/L 157-1-49.2
& 29 Rural Residential
Attorney Michele Anderson, representing Matthew Ernst, addressed the board seeking a Special Use Permit to operate a Tattoo Parlor on adjoining parcels totaling 1.41 acres +/- at 1164 Route 29.� She submitted the site plan and stated that the use was a pre-existing, non-conforming use grand fathered back to the 70�s when Vallone�s Plumbing was located there.�� Chairman Ian Murray stated that there has been a vacancy of more than two years from when it was used as a TV repair shop.� Town attorney Bill Reynolds explained to the board that the Zoning Board of Appeals should address two issues of interpretation.� One is if it is a preexisting use and the other is that a tattoo parlor is not a listed use.�
Proof of notice having been furnished Chairman Ian Murray then opened the Public Hearing.
The
following spoke against the granting
of a Special Use Permit for the Tattoo Parlor:
Ida Mae Winslow, 1152 Route 29 �� she also presented the board with signed petitions containing a
total of 25 signatures against the Tattoo Parlor.
The
following spoke for the granting of
a Special Use Permit for the Tattoo Parlor:
Chairman
Ian Murray read a letter from Margaret
Spiezio, 1162 Rt. 29, in support of the Tattoo Parlor.
Chairman
Ian Murray asked for further comment and Ida Mae Winslow spoke against the
tattoo parlor as not appropriate for the area, and Attorney Michele Anderson
stated that it is a legislative determination that the use is allowed there and
that the only restrictions should be regarding hours of operation or things
that can affect the neighborhood but to deny on the use itself is not
appropriate.�� Chairman Ian Murray
closed the public hearing.� He then
asked the board for further discussion and having none, for board action.
Ralph
Pascucci made a motion to deny the Special Use Permit because it doesn�t meet the
area requirements for a retail business.�
An area variance and Zoning Law interpretation are needed from the
Zoning Board of Appeals.� Susan Cummings
seconded it. Chairman Ian Murray � aye, Susan Cummings� � aye, Ralph Pascucci � aye, Albert Baker �
absent, Paul Griffen � aye, Robert Park � aye, Laurie Griffen � aye, and Barney
Drumm - aye.� Motion Carried 7� 0.�
Denied and applicant will apply to the ZBA.�
Returning
Special Use Permit
Case #04-11 Michael
Giovanone, applicant, Garry Robinson, Consulting
Engineer
��������������������
1427 Route 9P
�������������������� Saratoga Springs, NY 12866�
Lake Commercial District,
S/B/L 193.06-1-2.
Attorney
John Lapper addressed the board representing Michael Giovanone seeking a
special permit for multi-family housing located on Route 9P, Saratoga Lake.
Applicant is proposing 3 buildings with a total of 32 units on 8.88 +/- acres.
He submitted a package that includes a conceptual letter from the sewer
district, a wetland delineation from DEC, a storm water management plan, and an
adjusted traffic report.� He was hopeful
that a public hearing could be scheduled for next month.� Attorney John Lapper acknowledged that some
further design is needed regarding the sewer system and suggested that the
board make approval by the Saratoga County Sewer District a condition of
approval on the Special Use Permit.�
Chairman Ian Murray noted that the density still needs to be
addressed.� He stated that in July some
zoning law amendments were passed.� Part
of Local Law # 6 addressed multi family dwellings and redefined and limited
them to no more than four dwelling units per building.� He added that in light of the change in law,
this application couldn�t go forward as is.�
It was suggested that they rework the plan with 4 units per building or
they could apply to the Town Board for a Planned Unit Development (PUD)
rezoning, this option was also added by Local Law # 6.� Tabled
to rework plan.
Subdivision-Sketch Plan
Mark
and Kim Sutton, Edward Charbonneau, and Sandra Dalzell addressed the board
proposing to converge three parcels totaling 6.93 +/- acres on County Rd. 68, fronting Fish Creek into two
residential lots, one of 1.85 +/-
acres� (80,500 +/- sq.ft.) and the second 5.08 +/- acres for daughters Sandra Dalzell and Denise Defoe.� Mark Sutton explained that Alton Knapp, his
Environmental Consultant, obtained a verbal approval from Marc Migliore, Deputy
Permit Administrator for the NYS DEC, Region 5, that a 50� buffer would be
acceptable.�� He expects the written
approval any day now.� Mark Sutton
pointed out that the revised drawing has both the 50� and 100� buffer defined
on it.� He stated that he appeared before
the ZBA on Monday for the required variances but they were unable to act since
a quorum was not present.� The project
was discussed with the three board members present with no apparent problems.� Mark Sutton stated that he would like to
move the process along and have a public hearing at the next Planning Board
Meeting in September, as he will be returning again to the ZBA for the
variances needed next month.� The board
agreed to hold the public hearing at the next meeting.� Chairman Ian Murray noted that the distance
between the well and septic is the 100� required.� The board then addressed the small portion of common driveway
proposed on the map.� They felt as long
as there is the ability to split the driveway if ever needed, it would be
acceptable to keep it as one.� It was
also noted that the county is trying to minimize curb cuts when possible.� Chairman Ian Murray explained that the perc
and deep hole test information should be completed and noted on the map.� Mark Sutton stated that their Environmental
Consultant Engineer is addressing those items.���
Referred to the ZBA and Applicant returning.��
Subdivision-Sketch Plan
Robert Tate,
Applicant������� ����������� Calvin Gong, Owner
573 Rt. 9P������ ����������������������� ����������� 52 Springbrook MHP
Saratoga Springs,
NY 12866� Clifton Park, NY� 12065
S/B/L #
193.6-1-52� Lake Residential District
Robert Tate and Calvin Gong addressed the board seeking to
subdivide the present lot of .41 +/- acres into two lots.� One lot of 60� x 150� +/- (9,000 +/- sq.ft.)
for Robert Tate to build a 27�6� x 44� residence on with the remaining lot
being retained by Calvin Gong (approximately 8,738 sq. ft.). Chairman Ian
Murray stated that the lot is too small and doesn�t meet the area
requirements.� He added that the Planning
Board couldn�t create non-conforming lots. He suggested that they return next
month for a public hearing and a formal application.� Once he is denied he can then apply to the Zoning Board of
Appeals for the variances needed.�
Calvin Gong stated that the ZBA had granted an area variance in the past
to place a mobile home on the same lot with the existing home.��� After some discussion, it was determined
that the lot was never subdivided only area variances were granted and that
since then the mobile home has been removed.�
Returning next month for a public
hearing.
Subdivision-Preliminary
Case # 04-16� Walter Taras
����������������������� 173 County Rt. 69
���������������������� Schuylerville, NY 12871
������� S/B/L # 182-2-15.11 Rural District
Jim Vianna, P.L.S., addressed the board representing Walter Taras.� He is seeking Phase I approval of a three phase major subdivision of 175 +/- acres bordered by Casey Road, County Road 69, and Hanehan Road. Phase I consists of creating a 53.07 +/- acre parcel, Lot 2A, to be kept in agriculture and a 2.01 +/- acre parcel, Lot 2B, for construction of a new residence for Walter Taras, owner, on the north side of County Road 69.� Jim Vianna presented the plan to the board and explained that Lot 2B, the residence parcel, is a �mortgage parcel�, requested by the bank to be separated from the larger parcel of 55.08 +/- acres. He added that an agricultural statement would be added to the map on the remaining 53.07 +/- acres, Lot 2A, which requires the owner to return to the Planning Board before any use other than agricultural can occur. Jim Vianna explained that Phase II and Phase III would be done together probably no sooner than next spring.� After some further discussion by the board, it was determined that Phase I is not a Type 1 SEQR action but Phase II and III will be.�� Chairman Ian Murray requested that the engineering data be placed on the map.� Returning next month when a public hearing will be held.
Case # 03-28 Jane Sheeran
����������� ��������� 176
Burke Rd.
����������� ��������� Saratoga Springs, NY 12866
����������� S/B/L
# 169.-1-37� Rural District
Jane
Sheeran addressed the board seeking final approval of a two-lot subdivision;
each lot is 4.40 +/- acres, at 274 & 276 Hayes Rd.� Chairman Ian Murray stated that everything
seems to be in order and should be approved contingent on the town engineer�s
review.� Susan Cummings made a motion
and Paul Griffen seconded it to grant the subdivision contingent on Town
Engineer Ken Martin�s review and approval.�
Chairman Ian Murray � aye, Susan Cummings� � aye, Ralph Pascucci � aye, Albert Baker � absent, Paul Griffen
� aye, Robert Park � aye, Laurie Griffen � aye, and Barney Drumm - aye.� Motion
Carried 7� 0.� Granted with
condition.�
Pre-submission Conference � Special Use
Permit
Harold Reiser III
1120 Rt. 29
Schuylerville, NY
12871
S/B/L #
156.-3-11� Rural Residential
Harold Reiser addressed the board seeking a Special Use Permit for a Dance School/Studio in an existing structure on 4.90 +/- acres at 1120 Rt. 29. He explained that Jazz, Tap and Ballet instruction would be given at the studio and there would be only one employee, the instructor.� The business is moving from Saratoga Springs.� The parcel is 4.90 +/- acres with 475� of road frontage and meets the zoning requirements for a private school or a retail service business.� Ralph Pascucci asked if recitals would be held there and Harold Reiser stated only dance instruction.� After further board discussion, it was determined that it would fit the retail service criteria. Chairman Ian Murray requested that he present a map showing the placement of the building, showing the setbacks etc., parking area, driveway, and signs. The board felt that traffic and the driveway site distance might be a concern. They also added that parking is based on the interior retail space. Chairman Ian Murray told Harold Reiser to call him with any additional questions he may have before the next meeting.� Applicant will return next month for a public hearing.� Returning�����
Old Business: Paul Griffen stated that he
has started to rewrite the Zoning Regulation Book and requested that he be
contacted by anyone who has identified errors or omissions that need to be
corrected. He hopes to remove the redundancy and make some flow charts to help
guide applicants.
Ralph
Pascucci commented that Jeff Barlok contacted him, and a meeting with some of
the Southard Road residents regarding the subdivision of Toni Mease�s property
is being planned.� Paul Griffen and
Ralph Pascucci are planning to attend.��
�
New Business: The board
discussed changing the September meeting to the 5th Wednesday of the
month, September 29th so that it can follow the Zoning Board of
Appeals� meeting on September 27th as it normally does.� Ralph Pascucci made a motion to hold the
next meeting on September 29th and Barney Drumm seconded this.���
Chairman Ian Murray � aye, Susan Cummings � aye, Ralph
Pascucci � aye, Albert Baker � absent, Paul Griffen � aye, Robert Park - aye,
Laurie Griffen � aye, and Barney Drumm - aye. Carried 7- 0.
The
next meeting will be Wednesday, September 29, 2004 at 7:30 p.m.
A motion to adjourn was made at 9:58 p.m. by Ralph Pascucci and seconded by
Laurie Griffen. Chairman Ian Murray � aye, Susan Cummings� � aye, Ralph Pascucci � aye, Albert Baker �
absent, Paul Griffen � aye, Robert Park � aye, Laurie Griffen � aye, and Barney
Drumm - aye.� Carried 7-0.
Respectfully
submitted,
Ruth
L. Drumm
Clerk