�
TOWN OF SARATOGA
PLANNING BOARD
MINUTES -
DRAFT
January 25,
2006 - 7:30 PM
Chairman
Ian Murray called the meeting to order at 7:35 p.m.
Clerk
Catherine Cicero called the roll.�
Chairman Ian Murray � present, Susan Cummings � present, Ralph Pascucci �
present, Paul Griffen � absent, Robert Park � present, Laurie Griffen � absent,
and Patrick Hanehan � present.�
Approval
of Minutes: All board members present had read the minutes of the December 14,
2005 meeting. A motion was made by Susan
Cummings, seconded by Ralph Pascucci, to accept the minutes of December 14,
2005. Chairman Ian Murray � aye, Susan Cummings � aye, Patrick Hanehan �
aye, Ralph Pascucci �aye, Robert Park � aye. Carried 5� 0.
Order of Business:
Subdivision/SUP
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
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 reconfigured site plans to the Board.� He added that the revised stormwater management plans would be ready in time for next month�s Planning Board meeting.
There followed a brief discussion concerning the amount of road frontage of the two pieces.� Jim Miller stated that it would be clarified on the map for next month�s meeting.�
Ralph Pascucci raised concerns about available parking for responding firefighters.� Fire Commissioner Stephen Bodnar explained that parking would probably only be necessary for 2 to 3 cars. There will be a graveled section available off the right-of-way for this parking.
He explained that there may be 3 to 4 people who respond to the firestation to drive the trucks; the remaining volunteers respond straight to the scene of the fire. Jim Miller explained that the boat facility will be gated, so access will have to be made available to the firestation.� That has yet to be worked out.
Chairman Ian Murray raised questions about how the addition of the firestation to the property would affect the original landscape plans, and wondered how the impact of the firestation could be mitigated.� Ralph Pascucci stated that he didn�t want to be looking at �a large block of buildings� from the road.
Mr. Miller stated that a low-level hedge could be placed along the parking area. The office to the boat storage facility would add a �store-front� look to the facility with the addition of more windows. Ralph Pascucci asked for an elevation plan to see how the overall look could be softened.
Fire Commissioner Stephen Bodnar stated that the outside of the firestation would look similar to the boat storage buildings.� The floor plan of the firestation will be similar to the main fire house on Blodgett Road, but without the meeting room on the back.� Jim Miller added that the outside of the buildings will be comprised of a 4� split-base block masonry base with siding above it.
Chairman Ian Murray suggested that the landscaping for the firestation be kept along the building, and not move into the right-of-way, which might interfere with sight-line distances.
He also suggested that Grasspave, a grass-look paving material, be used instead of asphalt to soften the look of the paved area.� It would be green space as well as a parking area.
Ralph Pascucci wanted more information to get a feel for what the property would look like.� He asked if the proposed fence could be part of the screening.
Mr. Miller said that he would come back to the Board with information on the building exterior and landscaping.� He noted that sometimes the Grasspave material presents a snowplowing problem.
Chairman Ian Murray asked whether there were plans for any activities at the proposed firestation.� Fire Commissioner Stephen Bodnar responded that the building will primarily be used as a garage for the fire trucks, but it could possibly be used in the future as a polling place. All other activities will remain at the main fire house. Chairman Ian Murray said that he would make the special use permit conditional regarding the activities that can take place there.� Fire Commissioner Stephen Bodnar was agreeable to the limitation.
There followed a discussion on the sewer connection for the proposed firestation.
It was determined that a new well is not necessary for the building.� There may be an existing hook-up for the Fire District to use.� Town Engineer Kenneth Martin had some ideas regarding this matter and will be talking with Mr. Miller.� He also suggested that the two projects be considered together for the purposes of determining a stormwater management plan.
Ralph Pascucci noted that, if it weren�t for the subdivision of the firestation, the Board would essentially be considering a Planned Unit Development.
Susan Cummings pointed out that an easement would be necessary for the Fire District to share the driveway with the boat storage facility.� Mr. Miller said that was being worked out, as well as an easement for the parking.
Fire Commissioner Stephen Bodnar wanted to go on record to thank Mr. Giovanone for his generous donation of property for the firestation.� He said that the Fire District has been actively looking to buy land in that area for six years, and its projections for a new building were originally for 2010; it is now looking at a completion date of 2007.
Proof of notice having been provided by newspaper on
January 15, 2006, Chairman Ian Murray opened the joint Public Hearing at 7:52
p.m., asking that anyone having comments on either the boat facility or the
firestation provide their name, address, and state whether they were for or
against the proposal.� He also requested
that all comments be limited to three minutes, at least for the first round, so
everyone would have an opportunity to speak.�
No one appeared to speak
regarding either project.
All those wishing to speak having done so, the Public
Hearing was closed at 7:53 p.m.
Chairman Ian Murray asked the
Board if there were any further questions.�
There were none.
RETURNING
Approvals
Joseph G. McMahon
180 Fitch Rd
Saratoga Springs, NY�
12866
S/B/L 180-1-9�
Rural
Mr. McMahon is seeking
Planning Board approval to construct an apartment over his garage pursuant to
Town zoning regulations. Joe McMahon spoke to the Board regarding a proposal
for a 36�x36� office to be constructed over a 72�x32�, 2-story stallion barn on
the west side of Fitch Road, approximately 400� from the boundary line. The
Board noted that Mr. McMahon had sufficient road frontage.
There followed a discussion
on whether the addition would be an office or an apartment.� Mr. McMahon stated that he would like to
have the option of being able to construct either one.� Ralph Pascucci stated that he should ask for
approval for an apartment; then he has the ability to do either one. The Board
approved Mr. McMahon�s proposal for an apartment.
NO ACTION NEEDED
Ronalee Myers
43 Chestnut St.
Schuylerville, NY�
12871
S/B/L 157.62-1-1 & 20.2 Village Extension
Mrs. Myers 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 existing neighboring homes.� She plans to use the existing driveway for
both houses.
Chairman Ian Murray stated
that he had spoken with Town Attorney William Reynolds as well as Town Engineer
Kenneth Martin about the matter.� Town
Engineer Kenneth Martin then spoke with the Village of Schuylerville regarding
hooking up to the public sewer system. There currently is capacity in the sewer
system for Mrs. Myers to hook up to it. He stated that if Mrs. Myers installs a
grinder pump, it can service both residences.�
There followed a discussion of the layout of the public sewer system in
that neighborhood.� The system would
have to cross a nearby alley.� Mrs.
Myers said that research had been done, but no one knew who owned the alley.� Mrs. Myers responded to a question by
Chairman Ian Murray that she owns the Walnut Street piece.� No one knows who owns an internal (�paper�)
street known as Cedar Street.� Mrs.
Myers stated that the land is currently tended by the two adjacent neighbors.
Chairman Ian Murray
questioned whether the Town could convert the paper street to collect taxes on
it.� He said he would speak to Town
Attorney William Reynolds about both the paper street and the alley.
Town Engineer Kenneth Martin
stated that if Mrs. Myers doesn�t tie into the public sewer system, the Board
cannot approve the additional house.�
Chairman Ian Murray stated that it would be possible for the Planning
Board to deny approval and send Mrs. Myers to the Zoning������������������������� Board of Appeals with
a recommendation.
Mrs. Myers said that she has
no intentions to build in the near future, but would like to know what her
options are.� Town Engineer Kenneth
Martin stated that Mrs. Myers could probably tie into the public sewer system
for about the same price that it would cost her to install a septic system.
Chairman Ian Murray stated
that he would research the ownership of Cedar Street with Town Attorney William
Reynolds.� Mrs. Myers stated that she
would investigate the possibility of a tie-in with the public sewer system.� RETURNING
Bill Ippoliti
133 Schuyler St.
Victory Mills, NY�
12884
S/B/L 170.38-1-12�
Village Extension
Mr. Ippoliti is seeking
Planning Board approval to construct a two-family home on his property pursuant
to Town zoning regulations.� Bill
Ippoliti spoke to the Board, stating that his previous proposal before the
Planning Board for a flag lot was rejected.�
He would like to expand the current 2-family building on the Schuyler
Street property to a 4-family unit.�
Chairman Ian Murray stated
that Mr. Ippoliti meets zoning regulations, but needs a site plan. �
There followed a discussion
on where the parking would be placed.�
That area also would have to be noted on the site plan.
Chairman Ian Murray stated
that a 2-family unit would not need a special use permit; however, expanding
the building to accommodate 4 families would raise it to a level requiring a
special use permit.� He assured Mr.
Ippoliti that his proposal is well within the zoning regulations, but he does
need to complete an application for a special use permit and provide a site
plan.
Robert Park asked to see the
placement of the well and the proposed septic system. Mr. Ippoliti said that he
would put in another well and septic system to provide for the addition.
Chairman Ian Murray noted that, due to the uphill topography of the property,
the separation distances double to 200�. Mr. Ippoliti also will have to perform
some soil engineering tests for the new well and septic systems. Town Engineer
Kenneth Martin asked to see the placement of neighboring wells and septic
systems in order to review distances.� RETURNING
Subdivisions (cont.)
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.
Mr. Barber handed out an
amendment to the Commitment Letter from the Board of Adirondack Trust. The
costs of the infrastructure of the project were submitted. He reported that a
search had been done on the Grassi property, but no easement to Marilyn Zaborek
was found.
Further, Mr. Barber submitted
a final letter from DOH. Mr. Brooks stated that all comments from DOH had been
addressed.
Chairman Ian Murray stated
that the letter from DOH had actually been received on January 24, 2006, and
there were a couple of items in it that had to be addressed before the SEQR
review could be closed for this application.�
Therefore, the Board was unable to take action on the application until
the review by DOH is complete.
Chairman Ian Murray asked the
Board members if they had any further questions regarding the application.
Robert Park questioned the
amount of money approved by the bank for the infrastructure.� Mr. Barber explained that the project did
not need the full amount approved by the bank, so the letter of commitment was
revised to reflect the actual amount needed; a loan of $400,000.
There followed a brief
discussion of the shoulder drains on the road.
Chairman Ian Murray reported
that he had forwarded materials provided by Marilyn Zaborek and by the
Applicant to Town Attorney William Reynolds, and was waiting for a written
response.� He said, however, that
verbally, Town Attorney William Reynolds had indicated that the easement owned
by Ms. Zaborek is on the north side of Burgoyne and does not affect the
proposed subdivision.
Town Engineer Kenneth Martin
stated that he would be meeting with Town Highway Superintendent David Hall
regarding the road infrastructure.
Finally, Chairman Ian Murray
noted that the legal requirements for public hearings had been met by the two
previous public hearings.� No more
public hearings will be held on this matter.
RETURNING
Saratoga Farms, LLC, Applicant
Saratoga Trails
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. Dave Carr of the LA Group addressed
the Board, stating that the Applicant was seeking preliminary approval from the
Board at this time.� Owner Dave McKibbin
was present to answer any questions regarding the project.
Mr. Carr reported that the
wetlands had been flagged and mapped since the last meeting, as well as the
soil data.� The restrictive covenants
for the lots were also provided to the Board for review.
He noted that the lot line between
lots 5 and 6 had been moved due to the wetlands configuration in order to give
lot 6 slightly more building space.� The
smallest lot is still approximately 8 acres in size.� He restated the developer�s intention to have the houses built
behind the tree line to the rear of the property to shield them from view from
the road.� The one exception is lot 5,
which might be seen from the road, but would still be approximately 500� from
the road.� There was a decision in this
instance not to have the driveway cross the wetlands.�
Chairman Ian Murray stated
that there should be only one driveway cut per lot onto Burgoyne Road, and
wondered if a loop road may be possible.�
He reminded Mr. Carr of the Town standards for any driveway over 200�.�
Chairman Ian Murray asked Mr.
McKibbin to clarify the proposed covenant agreement to be signed by the
homeowners.� Mr. McKibbin agreed to
modify the agreement with respect to Paragraph XVI: RIGHT TO MODIFY.
Chairman Ian Murray said that
Town Attorney William Reynolds was away and would review it upon his
return.� He then asked Mr. McKibbin
whether the Florida document would be enforceable in the State of New
York.� Mr. McKibbin said that his local
attorney, Michael Toohey, is reviewing the documents for conformity to New York
law.� The governing body of the
homeowners association will be incorporated under New York law.
Robert Park asked whether
there would be any provision in the covenant for housing for hired help.� Mr. McKibbin responded that there was none.
Chairman Ian Murray asked
whether the developer needed setbacks.�
Mr. Carr stated that since there is ample room on each lot that it isn�t
necessary, but lot owners can petition the Board if they feel they need to
build other than in the designated locations on the lots.
Chairman Ian Murray also
noted that the proposed development is located in a historically sensitive area
in the Town and would need to have an archeological study performed. He
suggested that the Applicant have both Phase IA and Phase IB performed at the
same time.
Susan Cummings asked if there
would be no-cut zones.� Mr. McKibbin
stated that when the trails are included, no-cut zones would be considered.
Dave Carr said that the
Applicant hasn�t considered the need to increase the fields; however, that
issue may have to be looked at.� He said
that some owners might wish to increase the size of their paddocks.
Chairman Ian Murray read the
Town zoning regulations regarding the keeping of large animals.� A minimum of 2 acres is necessary; then one
large animal per acre is allowed after that in the rural district.� There followed a brief discussion on the
possible number of horses.
Chairman Ian Murray asked the
Board if there were any more questions.�
There were none.
Proof of notice having been provided by newspaper on
January 15, 2006, Chairman Ian Murray opened the Public Hearing at 8:46 p.m.,
asking that anyone having comments provide their name, address, and state
whether they were for or against the proposal.�
He also requested that all comments be limited to three minutes, at
least for the first round, so everyone would have an opportunity to speak.
�Paul Galcik,
181 Burgoyne Rd.�neither for or against.�
Mr. Galcik questioned Dave
Carr�s assertion that only one of the lots would need a raised septic, due to
the wet nature of the parcel.� Mr. Carr
said that he could have the engineer attend the next meeting.� Mr. Galcik said the Board �needs to do their
homework� before granting this subdivision.�
He explained that the soil is very wet (�pure muck�) because there is
hardpan 2-3� beneath the surface.� He
gave examples of the difficult time that he and neighbors have had trying to
excavate in that type of soil, and pointed out the number of ponds in the
immediate area that never percolate away.
Bill Crossman, 142 DeGarmo Rd.�neither for or
against.� Mr. Crossman agreed with Mr. Galcik regarding the
close location of hardpan and clay soil to the surface. He noted that the water
table is only 3� beneath the surface of the soil at the top of a nearby hill.� Mr. Crossman also raised concerns about
run-off from construction into Fish Creek.�
He said that he is very familiar with the property to be used for the
development and said that less than
100� from the creek there are pine trees over 2� across and 90� in height.� He asked the Board to take a close look at
what�s being proposed on that property.
Paul Galcik then offered to
guide any interested Boardmembers on a walk-through of the property.� Mr. McKibbin wasn�t certain whether he
wanted to agree to that and said that he would get back to the Board with an
answer to that proposal.
Marilyn Zaborek, 387 Burgoyne�neither for or
against.� Ms. Zaborek raised concerns about the availability of
fire & medical responders for the additional development in the Town. She asked whether the Town had
adequate personnel and equipment to serve more homes.� Ms. Zaborek also raised the issue of additional run-off into the
Creek and onto her property.� She said
that she likes the look of the project, but would prefer to see the houses
clustered more to provide wildlife habitat.
All those wishing to speak having done so, the Public
Hearing was closed at 8:56 p.m.
Town Engineer Kenneth Martin
suggested that Town Zoning Officer Robert Hathaway witness any perc tests.� Dave McKibbin offered to provide a soil
report by Sterling.� Mr. Carr stated
that raised septic systems would be possible, if necessary.
Robert Park and Susan
Cummings expressed an interest in walking the site.� A walk-through of the site was scheduled for Monday, February 6,
at 3 p.m.� Paul Galcik suggested that
the Board start early due to winter daylight hours and wear high boots.
Chairman Ian Murray made a
motion, seconded by Robert Park, to declare the Planning Board the lead agency
for SEQR review for this project. Chairman Ian Murray � aye, Susan Cummings � aye,
Patrick Hanehan � aye, Ralph Pascucci �aye, Robert Park � aye. Carried 5� 0.
Chairman Ian Murray reminded
the Board that the Applicant had asked for preliminary approval, and asked the
Board for comments.
Robert Park said that he
thought the proposal was a good fit with the Town�s Comprehensive Plan and
noted that it preserves open space and farmland.
Ralph Pascucci made a motion,
seconded by Susan Cummings, to grant preliminary approval to the Applicant. Chairman Ian Murray � aye, Susan Cummings � aye,
Patrick Hanehan � aye, Ralph Pascucci �aye, Robert Park � aye. Carried 5� 0. RETURNING
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. No new information has been made available for
this application. TABLED
Willard F. Chamberlin Trust, Applicant
143 Circular Street
Saratoga Springs, NY�
12866
S/B/L 155.-1-46.11,-46.2, and 46.3 Rural Residential
Returning Applicant proposes
a 32-lot conservation subdivision on 89.7 +/- acres on the north side of Route
29, across from Bryants Bridge Road.� No
new information has been made available for this application.
Chairman Ian Murray made a
motion, seconded by Robert Park, to declare the Planning Board the lead agency
for SEQR review for this project. Chairman Ian Murray � aye, Susan Cummings � aye,
Patrick Hanehan � aye, Ralph Pascucci �aye, Robert Park � aye. Carried 5� 0. TABLED
Nick Washco, Applicant
219 Walsh Rd.
Schuylerville, NY�
12871
S/B/L 169-1-77.1 Rural
Returning Applicant is
seeking to subdivide a 22.40+/- acre parcel in two; one approximately 7+ acres,
and the other 14+ acres.� Mr. Washco
addressed the Board, explaining the map and engineering tests.� He noted that he had added the Agricultural
Data statement to the survey, as well as the setbacks for the house on the
property.
Ralph Pascucci suggested that
Mr. Washco do a lot-line adjustment before completion of the application so the
lot will have 10 acres and thus be eligible for farm status, in accordance with
Town zoning regulations.� Chairman Ian
Murray stated that the Board can move forward, knowing that the line is going
to be adjusted.
Susan Cummings asked to see a
building envelope on the plans.�
Chairman Ian Murray explained to Mr. Washco that the survey needs a
dotted line reflecting the required setbacks.
Chairman Ian Murray asked to
see a topography map, which Mr. Washco provided.� It was noted that this property would need a raised septic
system.
Proof of notice having been provided by newspaper on
January 15, 2006, Chairman Ian Murray opened the Public Hearing at 9:13 p.m.,
asking that anyone having comments to provide their name, address, and state
whether they were for or against the proposal.�
He also requested that all comments be limited to three minutes, at
least for the first round, so everyone would have an opportunity to speak.�
Jim Kaplan, 191 Walsh Rd.�neither for nor
against.� Mr. Kaplan wanted to know Mr. Washco�s intentions with
regard to the property.� He was
concerned about another subdivision with several houses coming into the
neighborhood.� Mr. Washco responded that
he would put the parcel with the house on it up for sale, but planned on doing
some clearing on the other piece and then retaining it indefinitely. Ralph
Pascucci noted that it would be feasible for someone to eventually buy that
piece and then subdivide it unless it is deed restricted.
There followed a discussion
on where a house might be built on that piece of property.
All those wishing to speak having done so, the Public
Hearing was closed at 9:17 p.m.
Chairman Ian Murray asked the
Board if there were any further questions.�
There were none.
Chairman Ian Murray stated
that no Board action would be taken at this time.� He then advised Mr. Washco to make the lot-line adjustment on the
map in order to meet the 10 acres, provide the setbacks on the print, and to
provide a septic design.� When those
items are completed, the Board will complete the SEQR review and take action on
the application.
RETURNING
William J. Reynolds, Applicant
800 Rte 29
Saratoga Springs, NY�
12866
S/B/L 168.-3-69.1 Conservancy
Returning Applicant proposes
to subdivide approximately 2 acres from a 16.76+/- acre parcel along Rt.
29.� James Vianna addressed the Board on
behalf of Mr. Reynolds, explaining the survey map, and where the lot lines
would affect the division of property.�
The map includes a buffer area in the back to separate the new residence
from the neighbors.� Mr. Vianna pointed
out the location of the wells on the properties and noted that the soil was
comprised of sand.� Mr. Vianna showed
where the original lot was subdivided in 2001.�
After this subdivision, there will be approximately 14 acres on Lot 2,
with 210� of road frontage.� This
property is in the Conservancy District.
Mr. Vianna stated that Mr.
Reynolds still has to apply to NYSDOT for a curb-cut permit.�
Town Engineer Kenneth Martin
noted that the seasonal water on the property was 6-6.5�.
Proof of notice having been provided by newspaper on
January 15, 2006, Chairman Ian Murray opened the Public Hearing at 9:25 p.m.,
asking that anyone having comments to provide their name, address, and state
whether they were for or against the proposal.�
He also requested that all comments be limited to three minutes, at
least for the first round, so everyone would have an opportunity to speak.�
Marilyn Zaborek, 387 Burgoyne�neither for nor
against.� Ms. Zaborek said that she has filed comments regarding
this proposal. She raised concerns about Mr. Reynolds plans for the remainder
of the property.� Mr. Reynolds said he
had no plans at present.� Ms. Zaborek
asked Mr. Vianna about placement of property line markers along her property
line.� Mr. Vianna said that he has
pounded steel I-beams along the property line to clearly mark the
delineation.� Ms. Zaborek also was
concerned about additional run-off into Fish Creek and about the number of
driveways being added to Route 29.� She
said she had no objections to this particular project but is concerned about
development within the Town.
All those wishing to speak having done so, the Public
Hearing was closed at 9:29 p.m.
Chairman Ian Murray asked the
Board if there were any further questions.�
There were none.
Chairman Ian Murray read a
letter from the County Planning Board approving the proposed subdivision, but
noting that the Applicant would have to obtain a curb-cut permit from NYSDOT.
Robert Park then read the
short form EAF, which was completed by the Board.� There followed a brief discussion on whether an archeological
search was necessary on the property.�
Chairman Ian Murray made a motion, seconded by Robert Park, to accept
the documents as presented and declare the SEQR review complete.� Chairman Ian Murray � aye, Susan Cummings � aye,
Patrick Hanehan � aye, Ralph Pascucci �aye, Robert Park � aye. Carried 5� 0.
Ralph Pascucci made a motion
to grant the subdivision conditioned on Mr. Reynolds obtaining a curb-cut from
NYSDOT.� Patrick Hanehan seconded the
motion.� Chairman Ian Murray � aye, Susan Cummings �
aye, Patrick Hanehan � aye, Ralph Pascucci �aye, Robert Park � aye. Carried 5� 0. GRANTED
Chairman
Ian Murray reminded Mr. Reynolds that he must pay $300 in Park Fees when he
picks up his signed maps.
David and Abby Brill, Applicants
120 Hughes Rd
Schuylerville, NY�
12871
S/B/L 156-4-1.221 Rural Residential
Applicants propose to
subdivide 15.9+/- acres from their 17.53+/- parcel along Hughes Rd.� Terry Humiston addressed the Board on behalf
of the Brills, explaining that he had done soil engineering tests, notified the
surrounding neighbors, and added an Agricultural Data statement to the
survey.�
Chairman Ian Murray asked Mr.
Humiston about the topography of the parcel in order to set separation
distances for the wells and septics.�
Mr. Humiston responded that the terrain was flat in that area.� The distance to the neighbors� wells and
septic systems was determined to be sufficient.
Robert Park noted that the
local spring was supporting three houses.�
Mr. Humiston agreed with that, but said that he would not be adding to
the draw from the spring.
Proof of notice having been provided by newspaper on
January 15, 2006, Chairman Ian Murray opened the Public Hearing at 9:43 p.m.,
asking that anyone having comments to provide their name, address, and state
whether they were for or against the proposal.�
He also requested that all comments be limited to three minutes, at least
for the first round, so everyone would have an opportunity to speak.�
Don Capalbo, 122 Hughes Rd.�neither for nor
against.� Mr. Capalbo wanted to know if the new lot could be
further subdivided.� Ralph Pascucci
responded that, theoretically, if a road were built through it, it would be
possible.� Susan Cummings suggested that
Mr. Capalbo ask for the property to be deed restricted.
Deedee Quigley, 120 Hughes Rd.�neither for nor
against.� Ms. Quigley stated that she was concerned about seeing a number
of houses on the subdivided parcel.�
Ralph Pascucci suggested that she ask for a deed restriction.
All those wishing to speak having done so, the Public
Hearing was closed at 9:47 p.m.
Chairman Ian Murray asked the
Board if there were any further questions. �There were none.
Robert Park then read the
short form EAF, which was completed by the Board.� Chairman Ian Murray made a motion, seconded by Susan Cummings, to
accept the documents as presented and declare the SEQR review complete.� Chairman Ian Murray � aye, Susan Cummings � aye,
Patrick Hanehan � aye, Ralph Pascucci �aye, Robert Park � aye. Carried 5� 0.
Ralph Pascucci made a motion
to grant the subdivision.� Patrick
Hanehan seconded the motion.� Chairman Ian Murray � aye,
Susan Cummings � aye, Patrick Hanehan � aye, Ralph Pascucci �aye, Robert Park �
aye. Carried 5� 0. GRANTED
Chairman
Ian Murray reminded Mr. Humiston that $300 in Park Fees will be due when he
picks up the signed maps.
Special Use Permit
General Schuyler
Emergency Squad, Inc., Applicant
P.O. Box 111 Ferry
St.
Schuylerville,
NY� 12871
SW/B/L 155-1-74
Rural Residential
Returning Applicant is seeking a special use permit to construct a professional office building; the new home of General Schuyler Emergency Squad.�
Chairman Ian Murray recused himself from the discussion of this application, because he is involved with this project, and excused himself from the Board panel to sit in the audience.� Vice-chair Susan Cummings led the proceedings.�
James Vianna addressed the Board on behalf of the Applicant, explaining the results of the archeological review, and said that he believed that all the Board�s concerns had been addressed.� He asked the Board to make a final determination on the application.
Town Engineer Kenneth Martin stated that he was set with the engineering for the project.� Vice-chair Susan Cummings read a letter from the County Planning Board approving the project.
Robert Park then read the
short form EAF, which was completed by the Board.� Vice-chair Susan Cummings made a motion, seconded by Robert Park,
to accept the documents as presented and to declare the SEQR review
complete.� Vice-chair Susan Cummings �
aye, Patrick Hanehan � aye, Ralph Pascucci �aye, Robert Park � aye. Carried 4� 0.
Vice-chair Susan Cummings asked
the Board if there were any further questions.�
There were none.
There followed a brief
discussion with Town Supervisor Tom Wood regarding the definition of a
quorum.� It was determined that there
were sufficient Planning Board members to constitute a quorum, because there is
no appointed alternate and four members (a majority) were present to vote.
Vice-chair Susan Cummings
made a motion, seconded by Patrick Hanehan, to approve the special use permit
for the project.� Vice-chair Susan Cummings �
aye, Patrick Hanehan � aye, Ralph Pascucci �aye, Robert Park � aye. Carried 4� 0. GRANTED
At this point in
the proceedings, Chairman Ian Murray rejoined the Board.
David and Jane Sheeran
176 Burke Rd
Saratoga Springs, NY�
12866
S/B/L 168-2-74�
Rural
Mr. and Mrs. Sheeran are
looking for information regarding the subdivision of this parcel. No one
appeared to discuss the property.
George Pravda
1460A Rte 9P
Saratoga Springs, NY�
12866
180.18-1-2&3 Lake Commercial
Yar Zujovic and Ron Mogren,
of Saratoga Associates, addressed the Board, proposing to raze the
�hodge-podge� of structures currently on the site, and replace them with a
Townhouse comprised of 14 affordable apartments. The parcel is slightly over 1
acre in size.� Two plans were presented
to the Board for the building; one with a loop road running behind the building
inside the lot providing two access points.�
Mr. Mogren explained that all the setbacks meet Town zoning
requirements; however, lot coverage would be approximately 21%, rather than the
allowed 20%.
Chairman Ian Murray noted
that only 4 units are allowed per acre in that zoning district.�
Ralph Pascucci said that he
was not averse to the plan--it was certainly preferred to the existing
condition of the lot; however, there were too many units for the size of the
property.� Even though there are a
number of units currently on the property, 14 replacement units would be �a
reach.�� He did not believe the number
of units could be �grandfathered.�
Chairman Ian Murray stated
that the Board could possibly deny an application with a recommendation to the
Zoning Board of Appeals but he would not be willing to do that.
Ralph Pascucci suggested that
a plan be considered to include retail space with apartments above.� He stated that the owner could approach the
Town Board with a proposal for a mixed use of the property.
There followed a discussion
of the previous building of the Stewart�s Shop in that area.
Chairman Ian Murray stated
that the plans could be taken to the Zoning Board of Appeals for a variance, or
scaled back and brought back to the Planning Board.� There followed a discussion on how the square footage in the
apartments could be divided.
Old Business:
Zoning Officer Robert Hathaway submitted recommendations on the following one-year renewable special use permits:
a. Gary & Sue Barbolt (granted 11/24/04)�make permanent.
Marilyn Zaborek asked the Board to comment on this matter, and stated that the Applicant had gone far beyond what she had anticipated when the Board granted the permit, even to the extent of renting out trailers on the property for rental.�
Ralph Pascucci stated that, if
Ms. Zaborek was aware that someone is in violation of the terms of a permit, it
should be brought to the attention of the Board.� Ms. Zaborek stated that she brought it to the attention of Town
Supervisor Tom Wood, who stated that he refers such calls to Town Zoning
Officer Robert Hathaway who enforces Town zoning regulations.� Robert Park stated that the Board was very
sympathetic to the Applicants when they first appeared before the Board, but
that there should be a follow up on this application, since the current
scenario is much different than what was originally presented to the
Board.� TABLED
�The Board determined that this permit would be granted for one more year.
b. James & Elena Grotto (granted 11/24/04)�renew for one more year; the parking area has to be moved to the back of the property.�
Chairman Ian Murray noted that the blacktop has not been put in either.
He stated that Town Zoning
Officer Robert Hathaway should review the site plans for these applications to
see if conditions for the granting of the permits are met.� TABLED
c. Denise & Jim Murphy (granted 12/22/04)�make permanent.� The Board noted that Denise Murphy has gone �above and beyond� what the Board asked of her.� PERMANENT SPECIAL USE PERMIT GRANTED.
d. John Schultz (granted 1/26/05)�make permanent.� No complaints have been filed regarding Mr. Schultz� saw mill.� PERMANENT SPECIAL USE PERMIT GRANTED.
������ No other renewable special use permits are out-standing.
Chairman Ian Murray made a
motion, seconded by Robert Park, to table the Barbolt and the Grotto
applications until further Planning Board action.� Chairman Ian Murray � aye, Susan Cummings � aye, Patrick Hanehan � aye, Ralph
Pascucci �aye, Robert Park � aye. Carried
5� 0.
TABLED
Chairman
Ian Murray made a motion, seconded by Robert Park, to make permanent the
special use permits of Denise and Jim Murphy, and John Schultz.� Chairman Ian Murray � aye, Susan Cummings �
aye, Patrick Hanehan � aye, Ralph Pascucci �aye, Robert Park � aye. Carried 5� 0. GRANTED
Chairman
Ian Murray noted that the developers of Nielson Landing are supposed to furnish
lot clearing plans to Town Engineer Kenneth Martin for review before clearing
is begun.� He noted that Town Engineer
Kenneth Martin is receiving those lot clearing plans, but the developers are
disregarding them.� Chairman Ian Murray,
Town Engineer Kenneth Martin, Vice-chair Susan Cummings, and Town Councilwoman
Betty Koval have all taken a look at the site.�
Susan Cummings noted that a whole stand of trees has been removed,
contrary to what the Board originally approved for the development.
Ralph
Pascucci asked who would be the party to take action against.� Town Engineer Kenneth Martin stated that the
appropriate party would be the builder, as part of the building permit process.
There
followed a discussion of the development of the property to date.�
Chairman
Ian Murray stated that he would like to see a mitigation plan.� Susan Cummings stated that there should be a
fine for every tree taken down that wasn�t supposed to be.� Then those trees should have to be replaced
by the builder.
Town
Engineer Kenneth Martin noted that no clearing plans were provided for the
first two lots in the development.
Town
Supervisor Tom Wood stated that no new building permits or certificates of
occupancy should be issued until the situation is rectified.
Robert
Park noted that 14 more houses are due to be built in the development.� Ralph Pascucci asked that Town Attorney
William Reynolds be consulted to take �significant� action regarding mitigation
of the problems.
Ralph
Pascucci stated that he wanted to �nip these problems in the bud,� and set a
precedent for other developers coming into the area.
There
followed a discussion on the state of the road in the development, which is
being redesigned.�
Chairman
Ian Murray stated that he has discussed the issue of lead agency status with
Town Engineer Kenneth Martin to streamline the SEQR review process.� He said that the necessary letters declaring
lead agency status will be sent out prior to the Planning Board meeting, so the
30-day review process can begin in order to take action on the matter at the
following Planning Board meeting.� He
added that the letters cannot be mailed until a packet is received from the
Applicant.
Ralph
Pascucci stated that the Board should neither hasten nor inhibit the
process.�
There
followed a discussion on the review process of the Board.
New Business:
A reminder that the ZAAC
meeting will be held on February 7, 2006 at 7:00 p.m. at the Town Hall, 30
Ferry St., Schuylerville.
There followed a discussion
with Marilyn Zaborek regarding her property and the thorough review that the
Burgoyne Estate proposal received prior to all involved agencies approving the
project.
The next meeting will be February 22, 2006.�
�
A motion to adjourn was made at 11:07 p.m. by Ralph Pascucci and seconded by
Susan Cummings. Chairman Ian Murray � aye, Susan Cummings � aye, Patrick
Hanehan � aye, Ralph Pascucci �aye, Robert Park � aye. Carried 5� 0.�
Respectfully
submitted,
Catherine
E. Cicero
Clerk