July 26, 2006 - 7:30 PM



Chairman Ian Murray called the meeting to order at 7:30 p.m.


Planning Clerk Catherine Cicero called the roll.  Chairman Ian Murray – present, Susan Cummings – present, Ralph Pascucci – absent, Paul Griffen – absent, Robert Park – present, Laurie Griffen – absent (Laurie Griffen joined the Board at 8:15p.m.), Patrick Hanehan – absent, and Alternate Robert McConnell – present.  Due to the absence of several members of the Board, Chairman Ian Murray recognized Robert McConnell as a full member of the Board.

Also attending: Town Engineer Kenneth Martin and many interested members of the public (Sign-In Sheet on file in the Minute Book). 


Approval of Minutes: All board members present had read the minutes of the June 28, 2006 meeting. A motion was made by Robert Park, seconded by Susan Cummings, to accept the minutes of June 28, 2006 as written.  Chairman Ian Murray – aye, Susan Cummings – aye, Robert Park – aye, and Robert McConnell – aye. Carried 4 – 0.


Order of Business:




Alain Ethier

193 Wall Street Road

Schuylerville, NY  12871

S/B/L 156-3-2.1 & 2.2 Rural Residential


Applicant is seeking a lot-line adjustment to move a boundary line that currently runs through a building situated on one parcel.  The Applicant did not appear in support of the application; however, Chairman Ian Murray determined that it was appropriate for the Board to take action on the matter.


Chairman Ian Murray stated that the Applicant is requesting a lot-line adjustment that would create two non-conforming lots.  He noted that although Mr. Ethier is operating a business on one of the parcels, he has never appeared before the Planning Board to request a special use permit to operate the business.


Chairman Ian Murray made a motion, seconded by Robert Park, to deny the application and refer the matter to the Zoning Board of Appeals with a negative recommendation.  Chairman Ian Murray – aye, Susan Cummings – aye, Laurie Griffen – aye, Robert Park – aye, and Robert McConnell – aye. Carried 5 – 0.  DENIED AND REFERRED TO THE ZONING BOARD OF APPEALS WITH A NEGATIVE RECOMMENDATION




David & Betty Larmon

162 Burgoyne Road

Schuylerville, NY  12871

S/B/L 156-3-44 Rural


Applicant is seeking a lot-line adjustment to move a boundary line which would convey open space to the adjacent lands of Fish Creek Rod & Gun Club, Inc.


James Vianna presented the proposal to the Board, explaining that the Club has 69 acres on 3 deeds.  The Larmons intend to convey 39.64 acres of their 41.65 acre lot by lot-line adjustment to the Club, retaining 2 acres with their residence, which will have 240’ of road frontage.


Chairman Ian Murray noted that the Club has two land-locked lots.  He would like to see all the property put on one lot, and said that now would be the appropriate time to do that, and to clean up the Town tax rolls.  The rest of the Board agreed with that recommendation.


There was a brief discussion on the legality of requiring the Club to combine the parcels onto one deed.  Chairman Ian Murray said that he would check with Town Attorney William Reynolds on this matter.  Mr. Vianna said that he would try to have a new survey prepared by the next meeting.  RETURNING


The BH Group, Inc., Applicant                               

173 Co. Rd. 69

Schuylerville, NY  12871                                          

S/B/L 182.-2-15.11 Rural


Applicant proposes a 36 unit subdivision of single family homes on 121.82+/- acres to be called Arlington Ridge.


Gavin Villaume explained three new sketch-plans to the Board, stating that he was looking for direction from the Board on what the members would like to see.  One proposal included a small park consisting of a couple of acres. The number of houses varied slightly, from 31 to 32 houses, plus a proposed horse farm.


A discussion followed regarding a neighboring house that is experiencing drainage problems.  Town Engineer Kenneth Martin said that he would look into the situation to see what could be done to resolve it.  The developer suggested a drainage easement; however, Town Engineer Kenneth Martin was concerned about stormwater backing up into the lot.  Chairman Ian Murray asked Mr. Villaume to provide information on the water table in the stormwater basin.  Town Engineer Kenneth Martin said that if there is a groundwater problem in the area already, Mr. Villaume should be careful about exacerbating the situation.


Chairman Ian Murray said that he is still not happy about the proposal, and noted that the proposed cul-de-sac was over 800’, contrary to Town zoning regulations. Town Engineer Kenneth Martin said that he would discuss the cul-de-sac with Town Highway Superintendent David Hall. Mr. Villaume said that the proposed lots are constrained by the type of soil and resulting type of septics, as well as separation distances for the septic systems and wells.


Robert Park repeated his request from the June meeting for a map of all the development in that area, including Musket Drive.  He said he wants to know how many homes will be constructed near the intersection of County Rte 69 and Casey Road.  Chairman Ian Murray said that traffic and density has been a major concern.


Chairman Ian Murray said that he would like some of the property dedicated to park space, and would like it situated on the outskirts of the development to act as a buffer.  Mr. Villaume said that whatever property is dedicated as parkland can be transferred to the Town to develop or left as forever-wild.


Mr. Villaume said that he would prepare a map of the surrounding area and return with a proposal similar to what has been presented.  RETURNING


MKN Development, LLC, Applicant

c/o Jones Ferradino

68 West Avenue

Saratoga Springs, NY  12866

S/B/L 206-1-34 Rural


Applicant proposes a 16 residence Planned Unit Subdivision (PUD) on a 84.83+/- acre parcel on Brown Road.  Stephanie Ferradino addressed the Board, accompanied by Jason Tommell of Tommell Associates, and architect John Muse.


Ms. Ferradino noted that the site has been walked with Planning Board members and several neighbors, and that the application received unanimous approval as a PUD by the Town Board at its July 10, 2006 meeting and has been referred back to the Planning Board for review.  The developer intends to look into the issues of impact on neighboring wells and stormwater run-off. The wetlands will be delineated and test pits will be dug shortly to study the soil.  It is expected that this information will be available for review by the Planning Board’s August meeting.  A hydrologist will be hired to study the water situation. An archaeological study is planned as well.


Ms. Ferradino also reported that the intention is to create a homeowners association for the clustered homes in order to keep the common areas intact as well as the look of a working farm. The clustered area will consist of individual lots, each with its own well and septic system. Ms. Ferradino asked the Board for direction on the studies needed for the PUD stage of the application, and the requirements for the subdivision.  Chairman Ian Murray explained that the Town Board is not constrained by Town zoning requirements in approving a PUD. He noted that once a PUD is approved, the issue of road frontage is moot.


Chairman Ian Murray asked to see the calculations for the buildable lots in order to compare that number with the number of currently proposed homes. 


Town Engineer Kenneth Martin voiced concerns regarding the distances for wells and septic systems for the clustered homes, stating that they may be very close together.  Mr. Tommell said that there will be a better idea of the septic requirements once the test pits have been dug.


Susan Cummings stated a concern about the length of the driveways going back to the pond, and whether they would hinder access by emergency vehicles.


Ms. Ferradino explained that the homeowners association would own the road, as well as the hiking trails, and each homeowner would contribute to their maintenance.

Chairman Ian Murray directed the developer to perform a I-A archaeological study of the site and then have an archaeologist on hand when each foundation is dug, rather than perform an archaeological dig of the entire parcel.


Town Engineer Kenneth Martin requested a preliminary layout of site distances for the next Planning Board meeting.


Chairman Ian Murray asked for a conceptual plan for dealing with stormwater mitigation, especially where it affects the neighbors and the clustered homes.  Mr. Tommell said that he is looking at existing conditions at the moment because the fields are retaining a lot of water.


It was determined that a traffic study will be performed before the Planning Board makes a determination, but it is not necessary to provide that information right away.


Chairman Ian Murray stated that future development would have to be restricted, and asked for a list of the conditions to be included in the homeowners association contract.  He also asked for more information regarding the individual residences, including square footage, height, and general size.  Mr. Muse stated that the buyers will be given a relatively small footprint to build in.


Robert McConnell asked to see blueprints of the homes.


Chairman Ian Murray directed Ms. Ferradino to provide a packet of information to the local fire department for review and recommendations.


There followed a brief discussion on the SEQR process.  It was determined that the Planning Board will assert Lead Agency status, and will ask the Town Board for comments.


Chairman Ian Murray noted that the time frame for Planning Board review for a PUD is 62 days, but that is not enough time for review of this project.  Ms. Ferradino agreed that the time frame would have to be extended.


Chairman Ian Murray asked the Board if there were any further questions.  There were none.  RETURNING




Michael Scensny

2649 St. Rte 9

Ballston Spa, NY  12020

S/B/L 182-1-70.1 Hamlet/Rural


Mr. Scensny would like to subdivide 2 acres from a 47.78 acre lot.  Town Engineer Kenneth Martin asked Mr. Scensny to provide information on the survey regarding where the deep hole pit and perc tests were performed. 


There followed a discussion on the test pits and the placement of the septic, which had to be moved from off the slope, and a possible move of the house site. 


Mr. Scensny was instructed to complete the short SEQR form, provide neighbor notification for a public hearing, and add the agricultural data statement to the survey.  RETURNING


Arthur Kemmet

183 River Road

Schuylerville, NY  12871

S/B/L 209.13-1-17 Conservancy


Gil VanGuilder represented Mr. Kemmet, asking the Board if it would be possible to use road frontage along NYS Rte 4 to meet Town zoning requirements for subdivisions, but use a narrow piece of property along River Rd. for actual driveway access to 2 potential lots on a shared road.  Access would not be possible to the lots from NYS Rte 4 due to a considerable wetland area.  The DEC and Army Corps of Engineers wetlands have been delineated on the survey. 


Mr. VanGuilder said that no perc or test pits have been performed, but he is assuming that the soil is poor and will require raised or special systems.  He explained that there are mature trees on the property, and that the owner is trying to maintain a park-like look by keeping the brush cleared.  The owner would like to have a land preservation area to restrict development near the wetlands and to buffer them.  There would also be a no-cut buffer behind the existing residences along River Road to maintain privacy.  In addition, Mr. Kemmet is proposing a small private parking lot across from the subdivision along the river to provide river access for lot owners without making them park along the highway.


Chairman Ian Murray explained that the Town doesn’t provide for shared driveways at this time, although the zoning committee is considering it.  Mr. VanGuilder said that Mr. Kemmet would have to work with DEC to create individual driveways.


There followed a brief discussion on the current condition of the property given the recent rain, and drainage.  Mr. VanGuilder said he was checking on where the 100 year flood line is and would let the Board know.  He added that there was a crown to the ridge and good drainage all the way around it.


Chairman Ian Murray said that he would check with Town Attorney William Reynolds on the issue of road frontage.  RETURNING


Old Business:

Jeffrey & Deborah Dooley, Applicants

111 Condon Rd.

Stillwater, NY  12170

S/B/L 193.-1-7.3 Rural


Chairman Ian Murray reported that this application is still ongoing and that he is awaiting a memo from Town Attorney William Reynolds.


New Business:  None


After a brief discussion Laurie Griffen made a motion to change the date of the next Planning Board meeting to August 30, 2006.  Chairman Ian Murray – aye, Susan Cummings – aye, Laurie Griffen – aye, Robert Park – aye, and Robert McConnell – aye. Carried 5 – 0.


The next meeting will be August 30, 2006. 


A motion to adjourn was made at 9:10 p.m. by Ian Murray, and seconded by Laurie Griffen. Chairman Ian Murray – aye, Susan Cummings – aye, Laurie Griffen – aye, Robert Park – aye, and Robert McConnell – aye. Carried 5 – 0.



Respectfully submitted,


Catherine E. Cicero

Planning Clerk


Return to home page

Return to 2006 Planning Board Files