TOWN OF SARATOGA
December 17, 2008 - 7:30 PM
Chairman Ian Murray called the meeting to order at 7:30 p.m.
Planning Clerk Linda McCabe called the roll. Chairman Ian Murray – present, Robert Park – present, Paul Griffen – present, Laurie Griffen – absent, Patrick Hanehan – present, Robert McConnell – present, Jennifer Koval – present, and Alternate Joseph Lewandowski – present.
Carried 6 - 0
John D. Hall, Jr. & Louise A. Winney #08-16
295 Fitch Rd.
Saratoga Springs, NY 12866
S/B/L 194-1-32.2 Rural
Returning Applicant proposes to subdivide 2.41+/- acres, (Lot 1), with 180’ of road frontage and an existing trailer, which will be removed, from a 6.36+/- acre parcel with an existing two-family home, (Lot 2). The Applicant has added two acres from the south side of Neilson Rd. to this parcel to remain zoning compliant, in order for their daughter to build a house. This house will be located on the north side of Nielson Rd.
Jim Vianna appeared before the Board on behalf of the Applicants, stating that since the October 2008 meeting they have modified their plans in order to comply with the Town’s Zoning Regulations; Lot 1 was 20’ short on road frontage and the ZBA granted that variance. While subdividing this parcel they found that Lot 2, with its existing two-family home, would be noncompliant with zoning area regulations. In order to remedy that, the Applicants have added 1.73 acres from the south side of Neilson Rd. (across the road from Lot 2) onto Lot 2, which makes it zoning compliant. There is a special note on the survey map stating that the 1.73 acres on the south side of Neilson Rd. will stay in agricultural usage. It will be deed restricted and a
note on the map stating such. Should Mr. Hall wish to sell Lot 2 in the future, the deed restriction is such that the new owner must return to the Planning Board prior to doing anything on this parcel. Jim Vianna surveyed the land and stated they have a boundary line agreement with Mr. and Mrs. Robert Hall; it has been signed and it will be recorded with the map. Chairman Ian Murray stated for the record that the Planning Board denied this application in October due to the lack of road frontage and sent the Applicant to the Zoning Board of Appeals; the ZBA granted a variance for the Applicant. There is an existing trailer on the property, and once the house is built the trailer will be removed. Jim Vianna stated that is correct. Chairman Ian Murray added that Building Inspector Gil Albert verified the well. He then asked if the Board had any questions; there were none.
Jim Vianna provided Clerk Linda McCabe with proof of neighbor notifications.
Proof of Notice having been furnished by newspaper on December 7, 2008, Chairman Ian Murray opened the Public Hearing at 7:34p.m.
Mr. George Pravda, who owns 6 acres behind this property, stated he has an easement going into this land and is wondering if an easement has been placed on the map.
Jim Vianna responded that he cannot write one without one existing.
Mr. George Pravda approached Chairman Ian Murray with his deed. Mr. Pravda wants to be able to get to his land, which is landlocked. Chairman Ian Murray asked Jim Vianna to explain.
Jim Vianna went over the history of ownership of this land and stated that on survey note #5 it just states easement; no location stated, no anything stated. There is no obvious right-of-way there, no metes and bounds. This exists in John Hall’s deed not Mr. Pravda’s.
Paul Griffin stated it’s not legal to land lock anyone.
Chairman Ian Murray noted this was land locked prior to this application. Chairman Ian Murray also stated that John Hall and his daughter have mortgage commitments; so we’ll send this to Town Attorney William Reynolds and make this contingent on this being clarified.
Mr. John Hall stated that giving his daughter this piece of land won’t change anything; she will still be using the same driveway she now uses.
Chairman Ian Murray asked if there were any more questions, there were none.
Chairman Ian Murray closed the Public Hearing at 7:46 p.m.
Chairman Ian Murray read the letter from the Saratoga County Planning Board indicating no significant County wide or intercommunity impact; decision approved.
Paul Griffen read the short form EAF, line by line, which was completed by the Board. Chairman Ian Murray made a motion, seconded by Patrick Hanehan to accept the documents as presented, to declare the SEQR review complete and to make a Negative Declaration. Chairman Ian Murray – aye, Robert Park – aye, Patrick Hanehan – aye, Paul Griffen – aye, Robert McConnell – aye, Laurie Griffen – absent, Jennifer Koval – aye, Joseph Lewandowski – aye.
Carried 7- 0
A motion was made Chairman Ian Murray, seconded by Paul Griffin to approve the subdivision as proposed, contingent on review by Town Attorney William Reynolds, for interpretation and determination of the land locked parcel and easement. Chairman Ian Murray – aye, Robert Park – aye, Patrick Hanehan – aye, Paul Griffen – aye, Robert McConnell – aye, Jennifer Koval – aye, Laurie Griffen –absent, Joseph Lewandowski -aye.
Carried 7 – 0 Granted
Approved with conditions.
222 Loudenville Rd.
Loudenville, NY 12211
S/B/L 170-1-25.1 Rural
Applicant would like to subdivide a 4 acre lot with an existing house (Lot 1), from his 21.5 acre parcel, in order to sell the 4 acre lot with the existing house, and the Applicant will retain the remaining 17 acres (Lot 2) for himself. This is located at the corner of Mennen Rd. and Haas Rd.
Bill Thompson, of Thompson-Fleming Land Surveyors, appeared before the Board on behalf of the Applicant. He told the Board that the Applicant has 21 acres and would like to subdivide it into two lots; Lot 1 with the existing house and 4 acres would be for sale, and the Applicant will retain Lot 2; the 17 acres of land for himself, adding that this 17 acres (Lot 2) has been in agriculture. Chairman Ian Murray stated this is a zoning compliant lot. Chairman Ian Murray also told Bill Thompson to make certain that the Applicant notifies the new owner of the 4 acre lot about the 50’ no-cut, vegetative buffer by the creek. If the Applicant is keeping the rest of the land in agriculture, be sure that an agriculture note is put on the map stating that Lot 2 remains in agriculture, and if in the future the Applicant wants to build, they would need to come before the Planning Board because they would need to do soil engineering etc. Chairman Ian Murray asked about the existing well and Bill Thompson stated it is on the east side and the septic is on the west side.
New Business: Chairman Ian Murray stated that the 2009 meeting dates have been reviewed and we will change the December 2009 meeting date to the 16th. Chairman Ian Murray also notified several Board members that they are up for reappointment this coming year and they need to decide if this is something they want to do and then notify the Clerk.
The next Planning Board meeting will be held January 28, 2009 at 12 Spring St., Schuylerville, NY.