TOWN OF SARATOGA
January 23, 2008 - 7:30 PM
Chairman Ian Murray called the meeting to order at 7:34 p.m.
Planning Clerk Linda McCabe called the roll. Chairman Ian Murray – present, Ralph Pascucci – absent, Paul Griffen –absent, Robert Park – present, Laurie Griffen – present, Patrick Hanehan – present, Robert McConnell – present, and Alternate Jennifer Koval – present.
Approval of Minutes: A motion was made by Laurie Griffin, and seconded by Patrick Hanehan to accept the minutes of the December 19, 2007 meeting as written. Chairman Ian Murray – aye, Robert Park – aye, Paul Griffen – absent, Robert McConnell – aye, Laurie Griffen – aye, Ralph Pascucci – absent, Patrick Hanehan – aye.
Carried 5 - 0.
Chairman Ian Murray made a motion, seconded by Laurie Griffin, to elevate Alternate Jennifer Koval to full Board Member due to the absence of Paul Griffin and Ralph Pascucci. Chairman Ian Murray – aye, Robert Park – aye, Paul Griffen – absent, and Robert McConnell – aye, Ralph Pascucci – absent, Laurie Griffin – aye, Patrick Hanehan –aye.
Carried 5 – 0.
Board Member Ralph Pascucci arrived late; 7:39 p.m.
Order of Business:
Saratoga Farms, Inc./Taras, Applicant
173 Co. Rd. 69
Schuylerville, NY 12871
S/B/L 182.-2-23 Rural
Returning Applicant proposes a 35 unit subdivision of single family homes on County Road 69 and Casey Road. Thirty four lots will range in size from approximately 1 to 3 acres. The thirty-fifth lot will be approximately 58 acres in size, with a defined building envelope. The remaining lands within that lot will be deed restricted and preserved as open space. The returning applicant is providing the Board with an informational update and hydro-geologic evaluation on this project. Public Hearing Continued
Attorney Robert Pulsifer and Gavin Villaume of Environmental Design Partnership, LLP, appeared before the Board on behalf of the Applicant. Mr. Pulsifer stated they were here to address all the questions the Board and Town Engineer Ken Martin had asked of them. Gavin Villaume added they went over things at the workshop meeting and asked Town Engineer Ken Martin if he had any more questions. Town Engineer Ken Martin stated he felt they have answered all the questions put forth by the Board at the workshop meeting. Laurie Griffin stated that lot 23 is not above 40,000 ft. so they will need to make some adjustments there. Gavin Villaume stated they will make that correction. Chairman Ian Murray asked if there were any other questions. Chairman Ian Murray noted that there was no note for the existing house and barns on lot 16 to be removed and would like that language on there, and for lot 33 he would like to see the maintenance language on the map and on the deed; the Planning Board will supply the language to Gavin Villaume, who will see that the language is added. Mr. Pulsifer stated he had a meeting with Chairman Ian Murray, Town Engineer Ken Martin and his Applicant’s engineers on nitrate concerns. Mr. Pulsifer stated that D.O.H. has jurisdiction on this, however, the Town of Saratoga Planning Board has concerns and would like to make conditions better for those four existing homes there, above and beyond what state standards may be. Mr. Pulsifer also stated that Chairman Ian Murray spoke with them about different solutions/options they can do to help the four existing homes. After reviewing the information provided us, we are offering a remedy for the nitrate concerns of the four existing homes, although it is above and beyond what we are legally required to do. Mr. Walt Taras has agreed to install a reverse osmosis filtration system in each kitchen, at a cost of $1,100.00 each, for those four homes. Chairman Ian Murray stated information was provided to Town Engineer Ken Martin and they felt this was a good mitigating measure and would help ease the process as far as impacts on nitrates and help close out SEQR. Town Engineer Ken Martin mentioned that testing is recommended prior to installation of that system and he would like to review those results. Mr. Pulsifer agreed. He then stated they will make the offer to the homeowners, but the homeowners don’t have to accept, though they would like it if they do accept. If they choose not to accept, then Mr. Pulsifer feels they have done everything they can. Chairman Ian Murray stated that the Planning Board cannot enforce this, but this is a good mitigating measure on their behalf, and he certainly hopes the homeowners do accept. Chairman Ian Murray asked if the Board had any more questions for the Applicant; there were none.
Chairman Ian Murray stated that the Public Hearing on this application is still open. Chairman Ian Murray continued the Public Hearing on the Preliminary Plans at 7:46 pm., stating he would like to limit comments to 3 minutes since there has been a lot of information given at all of the Public Hearings on this application, and for those wishing to speak, please state their name and address.
Tim Raymond, 196 Casey Rd., stated his concerns on ground water, nitrates and seasonal high water tables. He stated that the Board should not put this to D.O.H responsibility. He also thanked the Board for listening to him.
Chairman Ian Murray responded that D.O.H. has control of those issues for realty subdivisions and they will act on all that. He also stated the Board doesn’t want to overstep it’s boundaries by assuming D.O.H. regulations, having to enforce them, and having the Town assume responsibility. We will furnish D.O.H. everything: all the information from the Applicant, all the information that Town Engineer Ken Martin has compiled, all the information the Board has compiled, the information you have furnished; including the information given just prior to our meeting tonight, and information supplied by other neighbors. D.O. H. will take into consideration all this information when they do their review for sanitary systems, potable water and ground water conditions on the project. All this information will be included in the package going to D.O. H. Chairman Ian Murray thanked Tim for all the information he provided the Board.
Andrew Sheeran, Co. Rd. 69, thanked the Board for all their hard work on this application.
Chairman Ian Murray asked if anyone else would like to speak; no one came forward.
Chairman Ian Murray closed the Public Hearing at 7:50 PM.
Chairman Ian Murray asked if there were any more questions from the Board, there were none.
Chairman Ian Murray made a motion, seconded by Robert Park, to declare SEQR complete and to make a Negative Declaration on this project. Chairman Ian Murray-aye, Laurie Griffin-aye, Robert McConnell-aye, Paul Griffin – absent, Robert Park-aye, Ralph Pascucci-aye, Patrick Hanehan-aye, Jennifer Koval-aye. Carried 7-0
Chairman Ian Murray then stated the first order of action of business is to have a motion for preliminary approval on this project.
A motion was made by Laurie Griffin, seconded by Robert Park, for Preliminary Approval. Chairman Ian Murray-aye, Laurie Griffin-aye, Robert McConnell-aye, Paul Griffin – absent, Robert Park-aye, Ralph Pascucci-aye, Patrick Hanehan-aye, Jennifer Koval-aye. Carried 7-0 Granted
A motion was made by Chairman Ian Murray, seconded by Robert Park, for Conditional Final Approval of this project. Conditions are as follow:
1. Complete review by D.O.H.; we will supply them with all the information we have compiled along with all the information that has been provided us.
2. Review by D.E.C. for SWPPP.
3. The Applicant is to send a letter offering the filtration system to the residents of the four homes on Casey Rd. within one month. It is up to each resident of those four homes to choose to accept or not; we do not have to enforce this. For the residents accepting, they need to notify the Applicant within six months upon receiving the offer letter.
4. There will be a review by Town Engineer Ken Martin on the testing of the four lots on Casey Rd. for those who want the filtration system offered by this Applicant.
5. Final review and sign off by Town Engineer Ken Martin.
Roll Call Vote on this motion: Chairman Ian Murray – aye, Laurie Griffin – aye, Robert McConnell –aye, Robert Park – aye, Patrick Hanehan – no, Ralph Pascucci – aye, Jennifer Koval – no. Carried 5-2 Granted
Roll Call Vote Comments:
Chairman Ian Murray-aye I do this reluctantly, only by design. Everyone knows how I feel. How the process went through, I thought there was a better application we could have come up with for the conservation subdivision design, but unfortunately the balance of the board didn’t think that and we went a different direction and here we are today. I want to say I respect the Applicant’s right to develop his land, secondly all the engineering is correct and complete. I feel that they’ve done a great job on it thus far. My only fault with this is the design.
Patrick Hanehan-no I have great concerns. The flooding on Casey Rd. is one, secondly the nitrate levels and thirdly the design.
Ralph Pascucci-aye Same comments as Ian. Until the Town comes up with creative solutions for conservation subdivision designs; we made the rules and everything is happening within the rules, all the “I s” are dotted and “T s” are crossed.
Jennifer Koval-no for the same outlined reasons; design and my concerns about density on the soil.
Old Business: Renewable Special Use Permit:
James & Elena Grotto
946 Rt. 29
Saratoga Springs, NY 12866
This Special Use Permit was originally granted 11/24/04, for retail sales.
The Board read the remarks of the Zoning Officer and noting the Applicant has not met the conditions set forth by this Board over the past three years, the Board has decided to table this until the Feb. 27th, 2008 meeting. A letter will be sent to this Applicant to appear at the Feb. 27, 2008 meeting.
A motion was made by Robert Park, seconded by Laurie Griffin to Table this until next month. Chairman Ian Murray-aye, Laurie Griffin-aye, Robert McConnell-aye, Paul Griffin – absent, Robert Park-aye, Ralph Pascucci-aye, Patrick Hanehan-aye, Jennifer Koval-aye. Carried 7-0
New Business: Signage: The Board had a lengthy discussion on subdivision entrance signs, sign laws and our sign regulations.
The next meeting will be February 27, 2008
A motion to adjourn was made at 8:40 p.m. by Chairman Ian Murray, and seconded by Laurie Griffin. Chairman Ian Murray – aye, Robert Park – aye, Laurie Griffin – aye, Paul Griffen – absent, Ralph Pascucci – aye, Patrick Hanehan – aye, Robert McConnell – aye, Jennifer Koval – aye. Carried 7 – 0