January 26, 2005 - 7:30 PM



Chairman Ian Murray called the meeting to order at 7:34 p.m.


Clerk Catherine Cicero called the roll.  Chairman Ian Murray – present, Susan Cummings  – present, Ralph Pascucci – present, Albert Baker – present, Paul Griffen – absent, Robert Park – present, Laurie Griffen – present, and alternate Barney Drumm – present.

Also attending: Town Engineer Kenneth Martin, Supervisor Thomas Wood, 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 December 22, 2004 meeting.  A motion was made by Laurie Griffen to accept the minutes of December 22, 2004 as written, and Susan Cummings seconded it. Chairman Ian Murray – aye, Susan Cummings  – aye, Ralph Pascucci – aye, Albert Baker – aye, Robert Park – aye, Laurie Griffen – aye, Barney Drumm -- aye. Carried 7– 0.



Order of Business:




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


Mark Jakubiak sought a final plan approval, on behalf of the Applicant, for 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 +/-.  The Planning Board has reviewed and completed the Full Environmental Assessment Form.  A coordinated review was completed. After discussion, the Board determined that the SEQR process was complete.  Chairman Ian Murray moved that the Board approve a draft conditioned negative declaration as proposed and completed by Chairman Ian Murray and Town Engineer Kenneth Martin.  The motion was seconded by Robert Park. Chairman Ian Murray –aye, Susan Cummings –aye, Ralph Pascucci – aye, Robert Park – aye, Laurie Griffen – aye, Barney Drumm –aye.  Albert Baker abstained.  Carried 6-0.


Chairman Ian Murray informed the public that the conditioned negative declaration is open and advertised for a 30-day comment period.  All submitted information must be reviewed prior to any final action.


Proof of Notice having been provided, the Public Hearing was opened.  Chairman Ian Murray asked that people state their name, address, and whether they were for or against the project.


 Dr. Andrij Baran, Southerd Rd.—against.  Dr. Baran read from a prepared statement, questioning why the Board did not adopt the findings of the Consultant, Mr. Wolfers, hired by the Town to review the subdivision water test data.

Penelope Benson-Wright, Burke Rd.—against.  Ms. Benson-Wright read from a prepared statement in opposition to the proposed development on the grounds that it threatens the area’s already limited water supply; it violated the Town’s stated mission of preserving agricultural

land, open space, and rural character of the Town; and, it does not adhere to the goals of the Town’s 2002 Master Plan.  Ms. Benson-Wright’s statement is included in the permanent file of this application.

Kathleen Martens, Esq. representing the Save Southard Road Coalition—against.  Ms. Martens read a prepared statement in which she criticized the Planning Board for not responding to a FOIL request for written answers by Mr. Jakubiak to questions posed by Kenneth Martin in a letter dated November 10, 2004.  She further noted that private discussions took place between the Town’s engineer, the developer, the developer’s consultant, and the Town’s consultant which were not open to the public.  Finally, she pointed out that allowing the application would be contrary to the Town’s own water standards.  The statement is included in the permanent file of this application.

Sam Aldrich, 173 Burke Rd.—against.  Mr. Aldrich read a prepared statement in opposition to the project on the grounds that the level of intensity of buildings on the property will have an adverse affect on the existing less-than-adequate groundwater resources, and that the Town’s zoning ordinance should not allow 2-acre zoning throughout the entire municipal area.  Mr. Aldrich’s statement is included in the permanent file of this application.

Daniel Larkin, 146 Burke Rd.—against.  Mr. Larkin was concerned by the Board’s apparent lack of response to the issues raised by the Save Southard Road Coalition, including the lack of a traffic study on the affected road.

Lloyd Van Arnum,--against.  Mr. Van Arnum related that the nearby creek has undergone a radical change in  water volume over the years, reflecting the increasing drawdown from the additional residential homes in the area.  Later, he added that increased traffic on the road could pose a potential hazard to school buses and agricultural vehicles.

Mary Field, Burgoyne Rd.—against. 

Anne McMahon, owner of property on Fitch Rd.—against.  Ms. McMann repeated concerns raised by others.                                                                                                                    Marilyn Zaborek, Burgoyne Rd.—against.  Ms. Zaborek is concerned that the Board is moving to quickly to approve subdivision proposals in the Town without doing more environmental studies on wetlands, stormwater runoff, and emergency response capabilities. 

Jim Gilman,Burke Rd.—against.  Mr. Gilman was concerned that the Town engineer was talking with the developer and his consultant without the public being present.

Josie DeGregory, 378 Cty Rd. 68—neither for or against.  Mrs. DeGregory commented on the process involved in preparing the Master Plan.

Stephen Bodnar, Hanehan Rd.—against.

Clarence Fosdick, 329 Burgoyne Rd.—against.

Cynthia Rumak, Burgoyne Rd.—against.

William Corrigan, 207 Walsh Rd.—neither for or against.  Mr. Corrigan commented on the zoning process.

Joe McMahon, 180 Fitch Rd.—against.

Elizabeth Baran, Southard Rd.—against.


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

Save the Southard Road Neighborhood Coalition presented the Board with petitions requesting the Board to find that the proposed subdivision will have a significant environmental impact on the water supply of the Town and to issue a positive declaration requiring a full environmental impact statement be undertaken.  The petitions are included in the permanent file of this application.



Sketch-Plan Conference


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 spoke to the Board regarding a conventional subdivision of 38 +/- acres into 13 building lots on a new road off of Burgoyne Road. The returning Applicant submitted additional information in the form of a traffic study of the affected roadway, and asked for further direction.  Previously, the Board had voiced concerns regarding access to the property.  The Applicant attempted to acquire an easement over neighboring property to address the Board’s concern, but was unable to do so.  To date, no engineering work has been done.  After discussion, the Board stated that it was looking for a 75’ no-cut buffer on the exterior building lots, and wants it applied as a minimum. The Board would also like to move the driveway, currently used by the owner of the property.  The owner is amenable to having it moved. The Board then requested a topography map, in 5’ increments, and including a pond reputed to be on the property as well as  any wetlands, as well as a road profile showing cuts and fills.  Returning.



Special Use Permits


John E. Schultz Jr.

204 County Road 67

Stillwater, NY 12170

S/B/L 181.-1-46.1  Rural District


John Schultz, Jr. addressed the Board, seeking a Special Use Permit to operate a sawmill producing rough cut lumber at 204 County Road 67.  Mr. Schultz explained that he would be using his existing driveway for access, that he did not intend to put signs anywhere but on the building, that he would not be storing wood by the road, and that noise would not be an issue because the machine is contained within a building.  Currently, Mr. Schultz is selling or giving away any waste products, but hopes to add a chipper to the operation later, if the business becomes successful.  The chipper would also be contained within the building, so there would be no additional noise.

Proof of notice having been provided, Chairman Ian Murray opened the Public Hearing:

The following people spoke in support of issuing the permit: Martin Hanehan, Joe McMann, and Steve Bodnar.

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


 Robert Park then made a motion to issue a one year renewable permit to operate the sawmill.  The motion was seconded by Laurie Griffen.  Chairman Ian Murray –aye, Susan Cummings –aye, Ralph Pascucci –aye, Albert Baker –aye, Robert Park –aye, Laurie Griffen –aye, Barney Drumm –aye.  Carried 7 – 0.  Granted as a one year renewable permit.



Special Permit Pre-Submission Conference


Ralph Pascucci

929 Rt 29E

Saratoga Springs, NY  12866

S/B/L 156.-1-1  Rural Residential


Ralph Pascucci is seeking a Special Use Permit to utilize approximately a 400 ft. square piece of  property in the northeast corner of his 40 acre parcel as a “green cemetery.”  The proposed use of the property will enable Mr. Pascucci to preserve the integrity of the property, while permitting multiple uses. His current plans include a long drive that will loop through the affected property to give funeral processions access. No additional driveways, parking areas, or buildings are proposed at this time.  He is primarily seeking information from the Board as to whether this use is possible and will provide more information in the future as to how he will operate the business.  He will also discuss his intended use with his neighbors.  Returning




Preliminary Subdivision


Craig M. Munson, et al.

1148 Fort Miller Rd.

Greenwich, NY  12834

S/B/L 157.-1-3.1  Rural Residential


James Vianna, representing the heirs to the estate of Patricia A. Munson, asked the Board for permission to subdivide the land on the west side of NYS Rt. 4 into two 3 acre lots.  The action is being taken to settle the estate.  There are no immediate plans to build; however, the properties may eventually contain two new residences.  A portion of the lands of Craig Munson are located on the east side of Rt. 4, entirely separated from the parcel in question by Rt. 4.  A Public Hearing will be held on this matter at the next Planning Board meeting.  Returning.




Susan Cummings

200 Hanehan Rd.

Schuylerville, NY  12871

S/B/L 196.-1-16  Rural District


Susan Cummings requested information about moving a lot line between 2 parcels so the neighboring house can be built further back from the road.  Approximately one third acre would be transferred.  The Board determined that, although it has authority over this transaction, it need take no action on the matter.  Ms. Cummings may sell the piece of property in question, file with the County, and have the tax map adjusted to reflect the change.  Lot line adjustment--no action needed.



Chris Lofgren

109 DeGarma Rd.

Schulerville, NY  12871

S/B/L 156.-2-16 & 19  Rural Residential


Chris Lofgren requested information from the Board regarding usage permits for his property.  Mr. Lofgren has been before the board previously, explaining that when he bought the property it was two parcels that he combined into one, making it 3.37+/- acres.  He is currently renting an existing trailer on the property, but is in the process of removing an existing house.  Chairman Ian Murray explained that if he continues to use the trailer as rental property it would result in multiple uses of the property, which is not permitted.  He further explained that the trailer could be used as an office or storage facility for Mr. Lofgren’s proposed Automobile Sales/Service Business, without violating the zoning regulations.  Mr. Lofgren will revise his plans and return with another proposal to the Board.   Returning.



Old Business:  None


New Business:  None


The next meeting is tentatively scheduled for March 2, 2005.  [The meeting now has been scheduled for March 9, 2005 at 7:30pm]


A motion to adjourn was made at 11:12 p.m. by Ralph Pascucci and seconded by Susan Cummings. Chairman Ian Murray – aye, Susan Cummings  – aye, Ralph Pascucci – aye, Albert Baker – aye, Robert Park – aye, Laurie Griffen – aye, and Barney Drumm -- aye. Carried 7-0.


Respectfully submitted,


Catherine E. Cicero



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