�

TOWN OF SARATOGA

PLANNING BOARD

MINUTES - DRAFT

December 22, 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 � present, Paul Griffen � present, Robert Park � present, Laurie Griffen � present, and alternate Barney Drumm � absent

Also attending: Town Engineer Kenneth Martin, Supervisor Thomas Wood, Councilman Charles Hanehan and many local residents (sign in sheet is on file in the Minute Book).��

 

Approval of Minutes: All board members present had read the minutes of the November 24, 2004 meeting.� A motion was made by Paul Griffen to accept the minutes of November 24, 2004 as written, and Susan Cummings seconded it. Chairman Ian Murray � aye, Susan Cummings� � aye, Ralph Pascucci � aye, Albert Baker � aye, Paul Griffen � aye, Robert Park � aye, Laurie Griffen � aye. Carried 7� 0.

 

Order of Business:

Chairman Ian Murray stated that the Southard Road Subdivision with applicants Barlok & Roohan, owner Toni Mease, at 130 Southard Road has been tabled until January.� The SEQR is not complete at this time.�

Special Use Permit � Pre-Submission Conference

 

John E. Schultz Jr.

204 County Road 67

Stillwater, NY 12170

S/B/L 181.-1-46.1� Rural District

 

John Schultz addressed the board seeking a Special Use Permit to operate a sawmill for custom sawing of timber and the sale of rough-cut lumber at 204 County Road 67. This is a Special Use Permit for a Retail Service Business.� He stated that the parcel where the sawmill is located is about 70 acres.� Chairman Ian Murray informed John Schultz that at the next meeting a public hearing would be held and all the bordering neighbors within 500 feet would need to be notified by certified letter. He added that an Ag Data Statement must also be completed.� The board noted that if his sawmill is operating on an acre or more a Storm water Management Plan would be needed.� John Schultz stated it is actually on less than an acre.� Chairman Ian Murray asked John Schultz to amend his application to state the operation is occupying less than an acre and return next month.� Returning.

 

Request To Change One Non-conforming Use for Another

 

Matthew Ernst, Applicant��� (Blonkowski, Owner)

1164 Rt. 29

Schuylerville, NY 12871

S/B/L 157-1-49.2� Rural Residential

 

Attorney Michele Anderson addressed the board stating that the Zoning Board of Appeals last month determined that a pre-existing non-conforming use was established. She was advised by Town Attorney Bill Reynolds to return to the Planning Board to get approval for a change of non-conforming uses to operate a Tattoo Parlor at 1164 Rt. 29. The lot had formerly been used as a Real Estate Office.� She stated that the present use is as intense or less intense as the prior use.� There is usually only one car at a time at the business.� The board inquired as to the hours of operation.� The hours of operation would be from 3 p.m. to 9 p.m. on Tuesday, Wednesday and Thursday, 3 p.m. to 10 p.m. on Friday and Saturday, and it would be closed on Sunday and Monday.� This would result in the business being open 32 hours a week, fewer hours than the previous businesses hours of operation.� Michele Anderson added that neighbor Margaret Spiezio, has given an affidavit that states the use is substantially less intense than any of the other businesses that had operated there.��

 

Paul Griffen made a motion to approve the change in pre-existing non-conforming use for the Tattoo Parlor Retail Service Business, as it appears to be a less intense use than that of the previous use.� Susan Cummings seconded it.� Chairman Ian Murray � aye, Susan Cummings� � aye, Ralph Pascucci � aye, Albert Baker � aye, Paul Griffen � aye, Robert Park � aye, Laurie Griffen � aye. Carried 7� 0.�� Granted

 

Special Use Permits

 

�#04-23� Denise & Jim Murphy

� 945 Route 29

� Saratoga Springs, NY 12866

S/B/L 156.-1-23� Rural Residential

 

Denise and Jim Murphy addressed the board seeking approval of a Special Use Permit to relocate her existing Quilt & Antique Shop into the existing garage on the newly adjoined property next door. She stated that they also plan to construct an addition to the existing garage for a shop which she now would like to be 16� x 32� in an �L� shape. The parking would be moved to the back and the existing shrubs would be removed to accommodate this. Denise Murphy presented the board with proof of neighbor notification.� Denise Murphy had contacted Chairman Ian Murray stating that the 40� blacktop apron that had been requested could not be done due to the blacktop contractor shutting down for the winter.� She stated that it is scheduled for the spring.� Chairman Ian Murray stated that Zoning Officer Bob Hathaway could check to see that it is done in the spring.� Ralph Pascucci inquired if the adjoining property had been transferred to the Murphy�s and combined into one deed.� Denise Murphy stated that the closing that was scheduled for today had been postponed. Chairman Ian Murray suggested that the approval be contingent on the property being transferred and combined into one deed.�

The board felt that a new drawing should be provided of the parking and of the 16� x 32� addition so that Zoning Officer Robert Hathaway could refer to it in the spring.���

Proof of notice having been provided Chairman Ian Murray opened the Public Hearing.� Jim Caplan, Walsh Rd., spoke neither for nor against the application, but had questions answered by the board.

All those wishing to speak having done so, the Public Hearing was closed.�

 

Ralph Pascussi made a motion to approve the application as a one year renewable Retail Sales Special Use Permit contingent on the property being transferred and combined into one deed and a final drawing with the parking and 16� x 32� shop addition being sited and given to Town Engineer Kenneth Martin and Zoning Officer Robert Hathaway. The board noted that the blacktop apron could be waived until spring. Paul Griffen seconded it. Chairman Ian Murray � aye, Susan Cummings� � aye, Ralph Pascucci � aye, Albert Baker � aye, Paul Griffen � aye, Robert Park � aye, Laurie Griffen � aye. Carried 7� 0.�� Granted as one year renewable with contingencies.

��

Sketch-Plan Conference

James G. Doyle

175 Church St.

Saratoga Springs, NY 12866

S/B/L 157.-1-2� Rural Residential District

 

Returning applicant proposes a conservation subdivision at Rt. 4 & 32. Tabled.

 

Valente Realty, Partners, LP

315 Partition St.

Rensselaer, NY� 12144

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

�

Tim Banks, R.J. Valente Gravel, Valente Realty Partners, addressed the board proposing, Thoroughbred Run, a 42-lot conventional subdivision of 79.53 +/- acres at Rt. 29 & Louden Road.� He stated that the primary access would be from Louden Road.� There is also access from Route 29.� He stated that all the lots meet the Zoning Regulation Standards. He then asked for direction from the board.� Chairman Ian Murray asked if his intention was to remove material off of the site. Tim Banks stated that the roadway at Rt. 29 is grade elevation of 225� and as you come into the site the elevation drops down to 219� and then it climbs steeply to 260� and then it goes up to 290� towards the back of the property. He stated that they would try to minimize the removal of material but the grade elevations would need to be redesigned to make it conducive for the development of the lot. Chairman Ian Murray stated that there is a local law that is in the works in the town for maximum extraction for subdivisions.� Tim Banks stated that with the purchase of the additional 30 acres the topography enables them to more gradually minimize the slopes. Chairman Ian Murray noted that the DEC would be involved through the SEQR and Storm Water Management process and would regulate the extraction of materials.� Tim Banks proposed a vegetative buffer around the primary portion of the road front along Route 29.� He stated that $200,000 - $280,000 homes would be built.� Chairman Ian Murray requested that he design a Conservation Subdivision and supply a survey map and topographical map with 5� contours.� The board also would like to see soil and water studies.� Chairman Ian Murray noted that the town is rewriting the water standards of the town and the subdivision would need to conform to them for both quantity and quality.� Town Engineer Kenneth Martin also noted that this major subdivision would fall under DOH control.�� Chairman Ian Murray added that they would like to see both the ingress and egress on Louden Road.� Tim Banks stated that the proposed access from Route 29 is for emergency uses only.� The board felt that would be hard to control and the NYS DOT may have issues with that.�

Chairman Ian Murray suggested he return with a Conservation Subdivision design, a survey map and a topographical map with 5� contours.� The board also would like to see soil borings and water studies started.� Returning

 

 

�

Saratoga Builders, LLC����������������������� ����������� Peter & Sue Grassi, Owners

8 Campion Lane��������������� ����������� ����������� 394 Burgoyne Rd.

Saratoga Springs, NY 12866� ����������� Saratoga Springs, NY 12866

S/B/L 168.-2- 24 & 25� Rural District

 

Dan Barber and Sam Palazzole of Saratoga Builders addressed the board proposing a Conservation Subdivision of 38 +/- acres into 13 building lots on Burgoyne Road. They asked the board for direction.� Chairman Ian Murray stated that he walked the property with Sam Palazzole and Dan Barber.� After viewing the site, he felt that a Conservation Subdivision is not warranted with this particular property.� He suggested that they go back to their Conventional Subdivision design with specific building envelopes and buffers to the roadside. The board felt that the site distance for ingress and egress onto Burgoyne Road by Bryant�s Bridge might be an issue.� The driveway�s opening there is 116� and 60� is required.� Dan Barber felt that there is property available to improve the ingress and egress.� Chairman Ian Murray suggested a site visit by the rest of the board that would help to determine if they also felt a Conventional Subdivision would work best.� They scheduled to meet at the Grassi�s driveway for a site visit on Thursday, December 30th at 10 a.m.�� Returning

�

Subdivision

 

#04-14 Barlok & Roohan, 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

 

Returning applicant proposes 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 +/-.� Tabled

 

Planned Unit Development

�Saratoga Country Inn

Contact: David McKibbin

����������� ���� Stafford Bridge Inn, LLC��

����������� ���� 901 George Bush Blvd.

��������������� ���� Delray Beach, FL 33483

S/L/B # 168.-3-44.1� Rural District & Conservancy

 

David McKibbin addressed the board regarding the proposed development of 120 +/- acre parcel at the Southwest Corner of Stafford�s Bridge Road and Wagmans Ridge Road.� A country inn with 48 suites, 18 of which will use a �timeshare� concept, will include a pool and clubhouse.� The clubhouse will include a library, spa, lounge/bar, and restaurant.� The horse farm will have two horse barns, horse barn storage buildings and 3 apartments, and a Horse Farm Manager�s Office and apartment.� One single-family private residence is also proposed.

 

David McKibbin presented the board with a revised plan and asked Dave Carr of the LA Group to explain the revisions that had been accomplished through many committee meetings with members of the Planning Board, Town Board, and neighbors.� Dave Carr recapped the progression of the proposed development since first coming to the Town Board on September 13, 2004 and then to the Planning Board on September 29, 2004. A site visit was done on October 3, 2004 with some members of the Planning Board, Town Board, neighbors, concerned citizens and the applicants.� After the site visit, Supervisor Thomas Wood and Chairman Ian Murray suggested a committee be formed of members of the Planning Board, Town Board, neighbors, concerned citizens and the applicants to refine the proposal and the committee has met many times since.� Dave Carr stated that the largest revision was to include the whole parcel of 120 +/- acres, which includes some acreage that is in the Conservancy District, not just the 79 +/- acres in the Rural District in the PUD. One 2-acre parcel in the PUD will remain in the Rural District and could be sold for a residence in the future.� The acreage in the Conservancy District will remain under the Conservancy Zoning Regulations.� He then concentrated on the 79+/- acres that proposes the Country Inn, Horse Farm, and the private residence of David McKibbin.� The one major revision that has taken place is that the Country Inn has been moved from the southernmost field north about 500�.� The southernmost farm field would become a paddock with a horse barn and provide a buffer from the neighboring farmland. Dave Carr noted that the amount of forested area would only decrease by 2 .7 % and the agricultural land will only decrease by 4.8 acres or 10.5%.� The agricultural land is restricted to agriculture and cannot be further developed without going back to the Town Board and the Planning Board.� Dave Carr commented on the tremendous amount of cooperation that has occurred while refining this proposal by the Town Board, Planning Board, Saratoga County Planning Board, neighbors, and concerned citizens.�

 

David McKibbin stated that he has had proposals on this property before the Planning Board for a couple of years; one was for a 29- lot subdivision.� He noted that this revised proposal is a compromise where most of the land is kept agricultural.

 

The board had questions on the number of timeshares and David McKibbin replied that the proposal limits the maximum number of units to 48 not what type of units. He added that the horse farm would be a broodmare operation.� He also stated that the restaurant would be open to the public. Paul Griffen had concerns that a business plan was not provided.� David McKibbin stated that in the site plan review specifics would be dealt with along with the architectural design of the buildings.

���

Chairman Ian Murray stated that after the Public Hearing the Planning Board would be making an advisory opinion to the Town Board. He added that the Town Board would hold another public hearing.� If the Town Board passes the Zoning Amendment for the rezoning of the parcel for the PUD, the project will return to the Planning Board for a site plan review.

�

Proof of notice having been furnished the Public Hearing was opened.� Chairman Ian Murray asked that people would state their name, address and whether they are for or against.�

 

Alice Zetterstrom, 138 Hillandale Farm Rd. � had questions addressed

Lloyd VanArnum, Southard Rd. - against

Fiona Farrell - against � had questions addressed

Phil Rancher � against � had questions addressed

Bill Heff � against � had questions addressed

Christian Rieger, Wagman�s Ridge Rd. � for

Kim Austin � against

Dan Craine, 148 Burke Rd. � against

Cindy Rubanack � against

Bob McConnell, 128 Wagman�s Ridge Rd. � for

Peter Nemer, had questions addressed

Penelope Benson-Wright, 175 Burke Rd. � against

Cynthia Nemer, Wagman�s Ridge Rd. � against

Barbara Murphy, 148 Wagman�s Ridge Rd. � for

Dave Austin, had questions addressed

Donna Ehmke, Burke Rd. � had questions addressed

Mary Rancer, Co. Rd. 68 � against

Gay Gamage, 226 County Rt. 67 � against

Joe Peck, Wagman�s Ridge Rd. � against

Marilyn Zaborek, 387 Burgoyne Rd. � against

Lloyd Van Arnum, Southard Rd. � against

Marilyn Zaborek, 387 Burgoyne Rd. � against

Jim Doyle, � for

Joe McMahon, 180 Fitch Rd. � for

Becky DeWitt � had questions addressed

Penelope Benson-Wright, Burke Rd. � against

Gay Gamage, 226 County Rt. 67 � against

David Cummings, Hathaway Rd.- for

Marilyn Zaborek, 387 Burgoyne Rd. - against

All having spoken who wished to, Chairman Ian Murray closed the Public Hearing at 10:20 pm.

Chairman Ian Murray thanked the committee members for all their hard work regarding the proposal.� The committee members are Chairman Ian Murray, Bill Monroe, Bob

Mc Connell, Supervisor Thomas Wood, Councilman Charles Hanehan, Pat & Joe Peck, Bob Park, Susan Cummings, Ralph Pascucci, Albert Baker, Fritz Drumm, and Larry Benton, Director of the Saratoga County Planning Board.

 

Chairman Ian Murray introduced a motion for a positive recommendation to the Town Board for the Saratoga Country Inn PUD.� He requested that the following points and Building Summary be included in the PUD legislation.�

PUD Legislation to include:

1.      Purpose

2.      Intent

3.      Right to Farm Law

4.      Reference that project is located in Agricultural District.

5.      Approved set backs and no cut buffers.

6.      Breakdown of development areas per acre:

A.    Conservancy � 45.91 acres

B.     Rural � 2.01 acres

C.    Horse farm � 47 acres minimum

D.    Country � 25 acres maximum

E.     Total PUD acres 119.6

7.      Development Area D will remain Conservancy District and current zoning

regulations shall apply.

8.      Development Area D - Rural District will remain and current zoning

regulations shall apply.

9.      Deed restrict development in Area A � Agricultural use only with no further

subdivision.

10.  Include table for approved building summary.

11.  Design and site plan review by Planning Board.

12.  Timeshare deeds to include Right to Farm Law.

13.  Hold harmless agreement with neighboring farms.

14.  Reference General Municipal Law #239.

15.  No further expansion without amending PUD.

16.  No access to Saratoga Country Inn from Wagman�s Ridge Road.���

 

Building Summary Table � Revised 12/21/04

 

 

 

 

 

Building

Size

Max. Height

 

 

 

Horse Barn (2)

11,250 sf (max.)

36 stalls (max.)

2 story (35�)

max.

 

 

Single family

House

4,000 sf

2 story (35�)

max.

1 residential

unit

 

Storage barn

With staff

Apartments on

2nd level

10,000 sf total

 

3 units (1,500 sf

each)

2 story (35�)

max.

3 residential units

(apartments)

 

Managers office

And apartment

3,000 sf

2 story (35�)

max.

1 residential

unit

 

 

Subtotal

Horse Farm

 

 

28,250 sf (max.)

Aggregate sq. footage will not exceed 28,250 sf

 

 

Country Inn

74,000 sf total

 

3 story (45�) max.

48 units

A mixture of:

timeshare, hotel, condo hotel units

May Include indoor

Pool, spa, restaurant (96 seat max.), lounge/bar, lobby,

Service areas, guest rooms, kitchenettes, & conference room (60 seat max.)

 

 

Subtotal Country Inn

74,000 sf max.

Aggregate square footage will not exceed 74,000 sf

 

 

Grand Total

102,250 sf

 

 

 

 

Robert Park seconded the motion. Chairman Ian Murray � aye, Susan Cummings� � aye, Ralph Pascucci � aye, Albert Baker � aye, Paul Griffen � aye, Robert Park � aye, Laurie Griffen � aye. Carried 7� 0.

 

 

 

Subdivision

 

Case # 04-18� Edward & Florence Charbonneau

116 County Route 68

Saratoga Springs, NY 12866

S/B/L 167-1-16, 17, 9� Conservancy District

 

Mark and Kim Sutton addressed the board seeking approval 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. +/-) for themselves and the second 5.08 acres +/- for daughters Sandra Dalzell and Denise Defoe. Mark and Kim Sutton are planning to build a residence on the 1.85 acres.� Chairman Ian Murray has spoken to Marc Migliore of the NYS DEC regarding the Freshwater Wetlands permit and the Clean Water Act Water Quality Certification needed for the construction of their residence.� Marc Migliore felt that after a public comment period, which ends December 31, 2004, he expects that the permits will be issued.� Ralph Pascucci made a motion to grant the subdivision with the recommendation that the issuance of the Building Permit being contingent on the issuance of the DEC Freshwater Wetlands Permit and the Clean Water Act Water Quality Certification. Susan Cummings seconded it.� Chairman Ian Murray � aye, Susan Cummings� � aye, Ralph Pascucci � aye, Albert Baker � aye, Paul Griffen � aye, Robert Park � aye, Laurie Griffen � aye. Carried 7� 0.� Granted

 

Information

Matt Gabryshak

9 Sydney Hill Rd.

Saratoga Springs, NY 12866

S/B/L 155.-1-63.11� Rural Residential

 

Matt Gabryshak addressed the board seeking information on subdividing the 52.65 +/- acre parcel along Route 29 next to the Schuyler Pond property for 4 to 7 lots.� He proposed an 800� road with a cul-de-sac. Chairman Ian Murray stated that the Planning Board had reviewed this parcel on a number of occasions.� The parcel has tracts of wetlands and a permit would be needed for the road to cross the wetlands along with Storm Water Management for the road.� The board suggested that he have engineering studies done first and determine the permits necessary and then return to the Planning Board.��

 

Tom McDonald

882 Route 29

Saratoga Springs, NY 12866

S/B/L 156.-1-2.2 & 156.-1-19� Rural Residential

 

Information is requested on moving the lot line between 2 parcels at 966 Route 29.� This would make the two parallel pre-existing parcels more equal in size with a plan to build a residence on the vacant parcel in the future. The frontages of the present parcels are 160� and 99�. Applicant did not appear due to weather.

 

James G. Doyle

175 Church St.

Saratoga Springs, NY 12866

S/B/L 157.-1-2� Rural Residential District

 

Applicant requested information regarding splitting 16 acres from the parcel at Rt. 4 & 32. The board advised Jim Doyle that it would be a subdivision but if it were attached to an adjoining parcel the required road frontage would not be an issue.�

�

Old Business:� Paul Griffen asked the board to review his Zoning Regulation Book rewrite suggestions.� Supervisor Thomas Wood added that Requests for Proposals will be sought next year for the Codification of the Town�s Laws including the Zoning Regulations that has been budgeted for in 2005 and the rewrite suggestions could be very helpful to the company that is awarded the project.��

 

New Business: Paul Griffen spoke regarding concerns about the lack of a business plan for the Saratoga Country Inn, Planned Unit Development.

 

The next meeting will be January 26, 2005.

 

A motion to adjourn was made at 11:22 p.m. by Susan Cummings and seconded by Robert Park. Chairman Ian Murray � aye, Susan Cummings� � aye, Ralph Pascucci � aye, Albert Baker � aye, Paul Griffen � aye, Robert Park � aye, and Laurie Griffen � aye. Carried 7-0.

 

Respectfully submitted,

 

Ruth L. Drumm

Clerk

 

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