TOWN OF SARATOGA
MINUTES - DRAFT
February 22, 2006 - 7:30 PM
Vice-chair Susan Cummings called the meeting to order at 7:34 p.m.
Clerk Catherine Cicero called the roll. Chairman Ian Murray – absent, Vice-chair Susan Cummings – present, Ralph Pascucci – present, Paul Griffen – absent, Robert Park – present, Laurie Griffen – present, and Patrick Hanehan – present.
Approval of Minutes: All board members present had read the minutes of the January 25, 2006 meeting. A motion was made by Robert Park, seconded by Patrick Hanehan, to accept the minutes of January 25, 2006. Vice-chair Susan Cummings – aye, Patrick Hanehan – aye, Ralph Pascucci –aye, and Robert Park – aye. Laurie Griffen abstained from the vote because she was not at the last meeting. Carried 4– 0.
Order of Business:
Michael Giovanone, Applicant
156 Sparrowbush Road
Latham, NY 12110
S/B/L 193.06-1-2 Lake Commercial
In November 2005, the Planning Board granted the Applicant a special use permit for a boat storage facility on Route 9P, south of Lee’s Trailer Park. The facility consists of 5 buildings, 78 slips, on 8.8 acres. Mr. Giovanone is seeking Planning Board approval of his revised site plan.
[This item was considered with the following application.]
Quaker Springs Fire District 1, Applicant Michael Giovanone, Owner
Blodgett Rd. 156 Sparrowbush Rd.
Schuylerville, NY 12866 Latham, NY 12110
S/B/L 193.06-1-2 Lake Commercial
Returning Applicant is seeking to subdivide a 90’x141’ parcel, consisting of 12,712 square feet, from the property currently owned by Michael Giovanone in order to build a new firehouse. Applicant is also seeking a special use permit to operate a firestation on this property pursuant to Town zoning regulations. Applicant appeared before the Zoning Board of Appeals on January 23, 2006 and was granted the necessary variances for the project.
The two cases were considered together since both concern the same parcel of property.
Jim Miller of Miller Associates, Landscape Architects, explained the site plan to the Board. He said that the grading and drainage for both facilities remains relatively the same as previously. Mr. Miller went on to explain the stormwater management plan for the property.
Mr. Miller then explained the landscaping plan, stating that the two buildings will look as similar as possible. The fire station will have metal siding and the boat storage facility will have clapboard siding, but they will blend together. There will be a knee-wall, possibly in a dark brown color; the upper portion of the buildings will be a natural color—probably a light brown or tan. There will be glass and windows on the boat facility, similar to a store front. There will be no windows on the fire station for security reasons.
There followed a discussion with Ralph Pascucci regarding the “visuals” of the buildings. Ralph Pascucci wanted a sense of the mass of the buildings as seen from Route 9P. There followed a brief discussion on the intended plantings around the buildings, and between the buildings and Route 9P. There also will be plantings between the facilities and the neighboring property. An existing ash tree on the property will remain. Mr. Miller referred to a 4’ high fence that would separate the fire station driveway from the boat storage parking. He said that the intent is to break up the mass of the front of the buildings with landscaping.
The new plans call for 7 parking spaces on concrete “grass” for the fire station. The proposed free-standing sign has been moved to the south side of the property and there will be additional plantings there.
Patrick Hanehan asked about parking for the fire station if it were to be used as a polling place. Mr. Miller responded that Mr. Giovanone would permit parking in the boat storage facility area, if necessary. Fire Commissioner Stephen Bodnar stated that the Fire District would work with Mr. Giovanone on this matter. Fire Commissioner Stephen Bodnar added that the State will put up a sign on 9P denoting the existence of the fire station. The only other sign for the fire station might be across the top of the building itself.
There followed a discussion on the lighting for the facilities. Vice-chair Susan Cummings raised concerns that the lighting would spill onto neighboring property. Mr. Miller responded that all lighting would be building-mounted wall packs, including one 100-watt light over a pedestrian door, and one small vapor light. All boat storage lighting is on the front of the building. There will be motion lights, but they will point downward. Fire Commissioner Stephen Bodnar added that the only lights that would come on during a call would be within the fire station.
Patrick Hanehan asked whether a traffic light would be necessary for the fire station to facilitate the fire trucks entering Route 9P. It was determined that a traffic light would not be necessary. Mr. Miller added that a “gap” study had been done as part of the traffic study submitted with the boat storage application, which showed that a light was not necessary at that location.
Vice-chair Susan Cummings asked the Board if there were any further questions. There were none.
Robert Park read the short Environmental Assessment Form, which was completed by the Board. Laurie Griffen made a motion, seconded by Robert Park, to accept the documents as presented, declare the SEQR review complete, and make a negative declaration regarding the subdivision of the Quaker Springs Fire District 1 property from that of Michael Giovanone. Vice-chair Susan Cummings – aye, Patrick Hanehan – aye, Ralph Pascucci –aye, Robert Park – aye, Laurie Griffen – aye. Carried 5– 0.
Ralph Pascucci made a motion, seconded by Patrick Hanehan to grant the application of the Quaker Springs Fire District 1 for a subdivision. Vice-chair Susan Cummings – aye, Patrick Hanehan – aye, Ralph Pascucci –aye, Robert Park – aye, Laurie Griffen – aye. Carried 5– 0. GRANTED
Ralph Pascucci made a motion, seconded by Patrick Hanehan to grant the Special Use Permit for Quaker Springs Fire District 1. Vice-chair Susan Cummings – aye, Patrick Hanehan – aye, Ralph Pascucci –aye, Robert Park – aye, Laurie Griffen – aye. Carried 5– 0. GRANTED
Ralph Pascucci made a motion, seconded by Laurie Griffen, for site-plan approval of the Quaker Springs Fire District 1 fire station, contingent upon Town Engineer Kenneth Martin’s review. Vice-chair Susan Cummings – aye, Patrick Hanehan – aye, Ralph Pascucci –aye, Robert Park – aye, Laurie Griffen – aye. Carried 5– 0.
GRANTED WITH CONDITIONS
Ralph Pascucci made a motion, seconded by Robert Park to accept the modifications to the boat storage facility for its Special Use Permit, contingent upon Town Engineer Kenneth Martin’s review. Mr. Miller noted that Town Engineer Kenneth Martin was still waiting for NYDEC approval. Vice-chair Susan Cummings stated that all Board approvals would be conditioned on final review by Town Engineer Kenneth Martin. Vice-chair Susan Cummings – aye, Patrick Hanehan – aye, Ralph Pascucci –aye, Robert Park – aye, Laurie Griffen – aye. Carried 5– 0. GRANTED WITH CONDITIONS
43 Chestnut St.
Schuylerville, NY 12871
S/B/L 157.62-1-1 & 20.2 Village Extension
Returning Applicant is seeking Planning Board approval to construct a second residence on her property pursuant to Town zoning regulations. Mrs. Myers stated that she would like to add an additional house in the back portion of the property, away from neighboring homes. She plans to use the existing driveway for both houses.
Mrs. Myers stated that she researched the ownership of the “paper” Cedar Street, and a nearby alley, both contained in the Town map. However, after looking at her deed and that of her neighbor, both of which refer to Cedar Street as existing since the late 1800’s, she was unable to determine the ownership.
Vice-chair Susan Cummings noted that Town Attorney William Reynolds and Zoning Officer Robert Hathaway have discussed this matter and that they feel Town zoning requirements are met for a second house to be situated on the property. She added that, if ownership of Cedar is ever resolved, it would be a good idea for the driveway to go in from there. Mrs. Myers pointed out a second place for a driveway on her map.
Ralph Pascucci stated that he would like a surveyor to verify the information contained on the tax map. He wants to see something more definite than the tax map and does not want to set a precedent by relying on it. He said that he did not intend Mrs. Myers to go to a great deal of expense, but requested that she return to the Planning Board with something.
Ralph Pascucci also stated that the house must be situated so it can be legally subdivided, if necessary, in the future. He would like a site plan showing the building envelope with setbacks. He then cited the zoning regulation that allows more than one house on the property without subdividing, which confirms that the house must be situated so that it can be legally subdivided in the future, if necessary.
There followed a discussion on the availability of a hook-up to the Village sewer line.
Mrs. Myers said the new house would be on sewer, but she does not plan to build in the near future.
Ralph Pascucci suggested that Town Attorney William Reynolds should look at the deed. There followed a discussion on whether Mrs. Myers property was combined on one deed, or on two separate deeds. Vice-chair Susan Cummings noted that, if Mrs. Myers was receiving two tax bills instead of one, she might discover that her deed had not been filed properly with the County. The Board recommended that Mrs. Myers contact the County to obtain a copy of her deed, and to determine whether the deed was filed properly.
Mrs. Myers stated that she would investigate the matter further before returning to the Board. Laurie Griffen requested that Mrs. Myers include the dimensions of the property and where she expects the second house to be situated.
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 Mike Brooks appeared before the Board on behalf of the Applicant regarding a conventional subdivision of 38 +/- acres consisting of 12 building lots on a new road off of Burgoyne Road.
Mike Brooks reported that he had received a letter from NYDOH stating its approval of the project.
Robert Park raised the concern of one of the neighbors of the project, Mrs. Jenson, whose property would be bounded on 3 sides by roadway. He asked whether it would be feasible to mitigate the situation with vegetation.
There followed a discussion of where and what plantings might be possible, how much of the roadway would be visible due to the existing woods, and whether it would affect the Town’s right-of-way. It was determined that the developers would speak with Mrs. Jenson regarding the best way to mitigate the road views.
There followed a discussion on the definition of “5 acre disturbance of wetlands.” Dan Barber stated that the developers would stabilize the terrain as they built, and that Tommell & Associates would be monitoring the situation as development progressed. He added that the development “would be a long, slow process.” To date, there are no potential homeowners.
Prior to beginning any construction work on the infrastructure, the developer must have an Irrevocable Letter of Credit on file with the Town.
Vice-chair Susan Cummings noted that the Planning Board reviewed the long Environmental Assessment Form at a special Planning Board Workshop held on February 15, 2006. All Planning Board members attended the workshop. Robert Park noted that, at the workshop meeting, some corrections to the EAF had been made. Vice-chair Susan Cummings asked for a motion to determine that the SEQR review was complete and to make a negative declaration. Laurie Griffen made a motion, seconded by Ralph Pascucci, to accept the documents as presented, declare the SEQR review complete, and make a negative declaration. Vice-chair Susan Cummings – aye, Patrick Hanehan – aye, Ralph Pascucci –aye, Robert Park – aye, Laurie Griffen – aye. Carried 5– 0.
Robert Park made a motion, seconded by Ralph Pascucci, to approve the subdivision as presented and modified. However, the approval would be conditioned on final review by Town Engineer Kenneth Martin. Vice-chair Susan Cummings stated that all comments from the workshop would be forwarded to Town Engineer Kenneth Martin for review. Vice-chair Susan Cummings – aye, Patrick Hanehan – aye, Ralph Pascucci –aye, Robert Park – aye, Laurie Griffen – aye. Carried 5– 0. GRANTED WITH CONDITIONS
Saratoga Farms, LLC, Applicant
Suite 200-2875/South Ocean Blvd.
Palm Beach, FL 33480
S/B/L 156-3-32 Rural Residential
Returning Applicant proposes a 7 lot subdivision on 96.49+/- acres at 125 Burgoyne Rd. The average lot is proposed to be 14 acres, with a deed restricted horse trail system.
TABLED AT THE REQUEST OF APPLICANT
Saratoga Farms, Inc., Applicant
173 Co. Rd. 69
Schuylerville, NY 12871
S/B/L 182.-2-15.11 Rural
Returning Applicant proposes to begin Phase II of a planned development: a 36 unit subdivision of single family homes on 121.82+/- acres. Vice-chair Susan Cummings read a letter, dated February 17, 2006, from Town Attorney William Reynolds to Mr. Taras stating that a stop work order had been issued on the property. The letter is contained in the Minute Book and has been made a part of the permanent file of this application. TABLED
James and Ruth McMahon, Applicants
1434 Rte 9P
Saratoga Springs, NY 12866
193.06-1-1.1 Lake Commercial
Applicants propose to subdivide a 2+/- acre parcel into 2 equal lots, each approximately 43,505+/- square feet in size. Dan Wheeler spoke to the Board on behalf of the Applicants, stating that the property is located 200’ south of the bridge in the Lake Commercial district. He intends to connect to the sewer system and said that he has a letter from the County permitting the hook-up. The property was described as a woodlot, and is assumed to be within the flood plain.
Vice-chair Susan Cummings requested that a wetlands map be provided.
Ralph Pascucci stated that the application should be referred to the County for review. Mr. Wheeler said that he would obtain more information before coming back to the Board. Robert Park noted that NYDOT would have to be contacted for the road cut.
Ralph Pascucci added that the application is asking the Board for subdivision approval only; not for property use. RETURNING
Michele Rifenberg, Applicant
216 Hayes Rd
Schuylerville, NY 12866
Applicant proposes to subdivide a 6.5+/- parcel into one 3.5+/- acre lot and one 3+/- acre lot. The Applicant plans to build a residence for herself on the 3.5+/- acre lot in the near future. Applicant was unable to appear. TABLED
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
Applicant is seeking to subdivide a 2+/-acre lot, with 200’ of road frontage, from a 75.7+/-acre parcel. Stephen Bodnar addressed the Board on behalf of the Applicants, explaining that the property is located on a Town maintained dead-end lane. There is a trailer on the property, which will be removed.
Robert Park pointed out that Town zoning regulations would allow a second house to be located on property without subdividing because there is sufficient property to make a legal subdivision in future, if necessary. Mr. Bodnar explained that the land had to be subdivided in order for the Applicants to obtain a mortgage.
Vice-chair Susan Cummings directed the Applicants to fill out an application with the Agricultural Data Statement, and list of neighbors, complete the SEQR short form, and provide a survey of the property. RETURNING
Old Business: Review of a Special Use Permit for a law office, granted with conditions on September 29, 2004 (Case # 04-19).
1412 Rte 9P
Saratoga Springs, NY 12866
S/B/L 193.6-1-55 Lake Commercial
Town Zoning Officer Robert Hathaway filed a report with the Board stating that he had spoken to Mr. Mastaitis who promised to finish all requirements “by spring.”
Vice-chair Susan Cummings noted that Mr. Mastaitis had completed a number of items the Board had specified as conditions for his SUP, including putting up a fence along part of the old driveway and putting down some new asphalt.
After a brief discussion, Laurie Griffen made a motion, seconded by Vice-chair Susan Cummings, that Mr. Mastaitis would be sent a letter by the Planning Clerk informing him that he would have until May 1, 2006 to complete the conditions required by the Board when the initial SUP was granted. Vice-chair Susan Cummings – aye, Patrick Hanehan – aye, Ralph Pascucci –aye, Robert Park – aye, Laurie Griffen – aye. Carried 5– 0.
New Business: Planning Clerk Catherine Cicero reminded the Board members that there would be another day-long planning seminar in the Town of Easton on March 22, 2006.
The next meeting will be March 22, 2006.
A motion to adjourn was made at 9:17 p.m. by Laurie Griffen and seconded by Ralph Pascucci. Vice-chair Susan Cummings – aye, Patrick Hanehan – aye, Ralph Pascucci –aye, Robert Park – aye. Carried 5– 0.
Catherine E. Cicero