TOWN OF SARATOGA
MINUTES - DRAFT
July 28, 2004
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 absent, and alternate Barney Drumm absent
Approval of Minutes: All board members present had read the minutes of June 23, 2004 meeting. A motion was made by Robert Park to accept the minutes of June 23, 2004, as written, and Susan Cummings seconded it. Chairman Ian Murray aye, Susan Cummings aye, Ralph Pascucci abstained, Albert Baker aye, Paul Griffen aye, Robert Park aye, Laurie Griffen absent, and Barney Drumm - absent. 5 0 Carried
James & Elena Grotto
946 Route 29
Saratoga Springs, NY 12866
S/B/L 156.-1-26 Rural Residential
James & Elena Grotto addressed the board. They stated that they would like to move their Train & Hobby business to the .71 +/- acre pre-existing lot located next door. They would put up a garage/ building approximately 24 x 36 to move it into. Chairman Ian Murray stated that they would need to follow the procedures for obtaining a Special Use Permit in the Zoning Regulations. He advised them that if it does not meet the frontage or setback requirements it would be denied and they would need variances granted from the Zoning Board of Appeals. They were advised that if they put up a garage for the business on the same lot as their home they would still need a Special Use Permit and would have to satisfy the Zoning requirements and go through the process. Paul Griffen asked if they would combine the two properties and they stated no because it is a viable building lot and they do not want to give up the right to put a home on it in the future if desired. The applicants were given a Special Use Permit application and they purchased a Zoning Regulation Book. Applicants will return next month.
Sketch Plan Review
Sandra Dalzell, Ed Charbonneau, and Mark & Kim Sutton addressed the board. They stated that they are seeking 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. +/-) to be sold to Mark Sutton and the second 5.08 +/- acres for daughters Sandra Dalzell and Denise Defoe. Chairman Ian Murray stated that the 1.85 +/- acre lot is not a buildable lot due to the setbacks required from the creek and the wetlands. It doesnt leave enough buildable area for the placement of the home, well, and septic system. Mark Sutton responded that he has been in contact with the DEC and that he was led to believe they might grant an encroachment on the 100 buffer. Chairman Ian Murray stated that the board needs a letter from the DEC granting them a Freshwater Wetlands release before they could grant the subdivision of a non-conforming lot. They will also need an area variance from the Zoning Board of Appeals since the frontage requirements are not met. The planning board will need a map with the house, well, and septic system located on it. It was suggested that he apply to the ZBA for the area variance in August and return to the Planning Board at the August meeting also. Referred to the ZBA and Applicant returning.
Koval Family Realty, LLC
313 Burke Rd.
Stillwater, NY 12170
S/B/L 194-1-35 Rural District
Timothy & Ann Little
1019 County Road 70
Stillwater, NY 12170
S/B/L 194-1-19.1 Rural District
Betty Koval, Adam Koval and Tim Little addressed the board requesting lot line adjustments in order to exchange a 6.004 +/- acre parcel from the Littles 76.46 +/- acre main parcel for a 5.519 +/- acres from the Koval Family Realtys 23.24 +/- acre main parcel, both properties will remain in agriculture. The 6.004 +/- acre parcel to Adam Koval and the 5.519 +/- acre parcel to Tim Little. The board acknowledged that it is not a subdivision, just lot line adjustments, and that all they need to do is have their surveyor redraw the lines on their map and give Assessor Catherine DeFelice a copy so that the town tax maps can be adjusted and also file the changes with Saratoga County.
Sketch Plan Review Continued
52 Ruggles Rd.
Saratoga Springs, NY 12866
S/B/L 154 1- 4.1 & 4.2 Rural Residential
Gary Grentzer addressed the board proposing a 4-lot subdivision of a 20-acre +/- parcel at the end of the cul-de-sac at Ironwood Drive. Chairman Ian Murray stated that the required frontages are not met and in its present form it is not an appropriate subdivision. He was advised to split it into 2 large lots which would meet the regulation requirements or he could apply to the ZBA for the variances needed for the 4-lot design.
#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
Mark Jakubiak of the LA Group addressed the board representing Barlok & Roohan Realty. The plan presents 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. Originally a Conservation Subdivision of 21 lots was proposed but reworked due to the soil types present. Preservation of the view sheds was considered when reworking the plan. Mark Jakubiak stated that the lots would be serviced with individual wells and septic systems. He added that a long form SEQR was requested by the town engineer and would be submitted. Mark Jakubiak reported that a well was drilled at 130 Southard Road which pump-tested at a rate in excess of five GMP for eight hours and that draw-down was minimal and recovery excellent. The well driller will forward the yield results to Town Engineer Kenneth Martin.
Proof of notice having been furnished Chairman Ian Murray then opened the Public Hearing. The following people spoke against the proposed subdivision: Sam Aldrich Burke Rd., Dan Larkin - Burke Rd., Penelope Benson-Wright Burke Rd., Jim Gillman Burke Rd., Barbara Marshall, Cynthia Baker, Lloyd Van Arnum, and Kathleen Martens. Chairman Ian Murray read a letter of opposition from Dr. Baran.
Chairman Ian Murray closed the Public Hearing.
Chairman Ian Murray read the Saratoga County Planning Boards comments on the project. They stated that the location did not raise any county or inter community concerns. Their comments included that alternate or raised fill systems would be required and that the local planning board should rely on the town engineer to review all test results required for the design of the water supply systems. They also suggested that an alternative to construction of a town road would be to provide a shared driveway for the four lots south of Southard Road.
Chairman Ian Murray asked Toni Mease how long the property had been for sale? She replied one year.
Chairman Ian Murray stated that the following would be required of the applicants:
1) A long form SEQR, which requires a coordinated review with all involved agencies.
2) A well-drilled and septic system designed for each lot, which meets DOH standards, must be submitted to the town before a building permit can be issued.
3) A stormwater management plan will be required for each lot before the building permit is issued.
4) Include the revised building envelopes on the print.
5) Deed restrictions of areas outside the buildable envelopes to agricultural pursuits.
6) Once the SEQR process is completed a second public hearing will be required.
7) Driveways over 200 must meet standards of 30 width, and 50,000 PSI strength.
Chairman Ian Murray stated, when asked, that its the Town Board who decides if or when the road is taken over by the town.
Chairman Ian Murray suggested that the residents meet with the LA Group so that they can answer their questions. Jeff Barlok of Barlok & Roohan, agreed to do that. A meeting will be set up through Paul Griffen.
Chairman Ian Murray and Paul Griffen explained that a balance needs to be met between an individuals property rights and what is best for the town.
Paul Griffen stated that we are and will continue to work on correcting and improving our Zoning Regulations. Participation from the residents of the town is welcome.
Chairman Ian Murray, with the boards agreement, stated that the applicants should continue to work with the present plan.
Ralph Pascucci made a motion to declare the Planning Board as the Lead agency in the SEQR process. Susan Cummings seconded this. Chairman Ian Murray aye, Susan Cummings aye, Ralph Pascucci aye, Albert Baker aye, Paul Griffen aye, Robert Park aye, Laurie Griffen absent, and Barney Drumm - absent. 6 0 Carried
# 04-12 Mark & Terri Collins
152 Ruckytucks Rd.
Stillwater, NY 12170
Jim Vianna, returning representative for Mark & Terri Collins, addressed the board. The applicants are seeking a two-lot subdivision, splitting a 2 +/- acre lot with existing house and garage from the present 9.6 +/- acres and retaining the 7.6 +/- acre parcel for themselves. Jim Vianna stated that the survey has been completed and that the required Agricultural Statement has been added to the print. The land use will not change. Chairman Ian Murray and Town Engineer Kenneth Martin agreed that the print looks fine. Chairman Ian Murray read the Saratoga Countys decision, which stated there is no significant impact countywide or inter-community.
Proof of notice having been furnished Chairman Ian Murray then opened the Public Hearing. No one came forward to speak for or against the proposed subdivision.
Robert Park made a motion to approve the subdivision and 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 absent, and Barney Drumm - absent. 6 0 Carried GRANTED
1164 Rt. 29
Schuylerville, NY 12871
S/B/L 157-1-49.2 & 29 Rural Residential
Attorney Michelle Anderson, representing applicant Matthew Ernst, addressed the board. She stated that the applicants are seeking a Special Use Permit to operate a Tattoo Parlor on adjoining parcels totaling 1.41 acres +/- at 1164 Route 29. She stated that it is a low impact business with minimal parking needed. Chairman Ian Murray stated that 2 acres are required for a retail service. A formal application with a site plan to the Planning Board is needed and then will be denied due to the need for an area variance. The applicant should then apply to the Zoning Board of Appeals for an area variance, if granted, then he should reapply to the Planning Board for the Special Use Permit. Returning.
Cingular Wireless, Applicant Stanley & Donna Barber, Owners
24 Aviation Road 168 Hayes Road
Albany, NY 12205 Schuylerville, NY 12871
S/B/L 156-4-7 Rural Residential
Jean Marie Frawley, Site Acquisition/Zoning Specialist, for Tectonic Engineering & Surveying Consultants addressed the board representing Cingular Wireless regarding a Special Use Permit for a 150 telecommunication tower on 43.08 acres +/- at 168 Hayes Road. Ralph Pascucci asked where they are trying to cover and she replied the area along Route 29. It was suggested that they float a balloon as a simulation, which would be photographed, from surrounding areas. They would provide and advertise 2 dates for the balloon floating, one being a rain date, and then float the balloon for 4 hours. Jean Marie Frawley stated that she could provide all the sites that are being considered in the search area. She stated that she would apply to all the required agencies and provide a long form SEQR. Ralph Pascucci asked her to pick an ideal site first that is in the towns best interest. The proposed monopole tower could be shared and designed for up to 5 carriers. Ralph Pascucci requested pictures of towers disguised as pine trees. Chairman Ian Murray stated that telecommunication towers are not listed as a permitted use in any of the towns zoning districts. The applicants would need to apply to the Town Board for a Planned Unit Development (PUD) for the telecommunication tower. Applicants will apply to the Town Board in September.
Old Business: Paul Griffen stressed that our Zoning Regulations need work. He stated they have many errors and are very hard to reference. Paul Griffen stated he would like to participate in the project. The recommendation of the Planning Board is to hire a firm to format and straighten out the regulations. Supervisor Thomas Wood replied that there are companies that specialize in that type of work. Money would need to be budgeted for the project. Supervisor Thomas Wood suggested that Request for Proposals (RFP) might be needed.
New Business: After some board discussion on the merits of the Memorandum of Understanding agreement received from the county, a motion was made by Ralph Pascucci and seconded by Robert Park to authorize Chairman Ian Murray to enter into a Memorandum of Understanding agreement with the Saratoga County Planning Board to reduce the time required to process referrals to the County Planning Board which are deemed by them to have no significant county-wide and/or inter-community impacts. All referrals that are deemed to have potentially significant county-wide or inter-community impacts will remain subject to full County Planning Board review within 30 days of referral unless an extension is mutually agreed upon. Either party can terminate the agreement at any time upon issuance of a thirty-day notice to the other party.
Chairman Ian Murray aye, Susan Cummings aye, Ralph Pascucci aye, Albert Baker aye, Paul Griffen aye, Robert Park - aye, Laurie Griffen absent, and Barney Drumm - absent. 6 0 Carried
The next meeting will be Wednesday, August 25, 2004 at 7:30 p.m.
A motion to adjourn was made at 10:10 p.m. by Ralph Pascucci and seconded by Susan Cummings. Chairman Ian Murray aye, Susan Cummings aye, Ralph Pascucci aye, Albert Baker aye, Paul Griffen aye, Robert Park aye, Laurie Griffen absent, and Barney Drumm - absent. 6 0 Carried
Ruth L. Drumm