March 30, 2005 - 7:30 PM



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

Also attending: Town Engineer Kenneth Martin, Town Supervisor Thomas Wood, Town Attorney William Reynolds, 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 March 9, 2005 meeting Laurie Griffen noted a mistake on page 4 of those minutes, which should be corrected to read, “Chairman Ian Murray stated that Mr. Pascucci does have to incorporate, he must have 3 trustees, and he must subdivide his property.”  A motion was made by Robert Park to accept the minutes of March 9, 2005 with the correction.  Laurie Griffen seconded it. Chairman Ian Murray – aye, Susan Cummings  – aye, Ralph Pascucci – aye, Albert Baker – aye, Robert Park – aye, Laurie Griffen – aye Carried 6– 0.




Order of Business:






 Roohan & Barlok, 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


Applicant has filed 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 +/-.  On February 16, 2005, a Conditioned Negative Declaration was published in the New York State Department of Environmental Conservation Environmental Notice Bulletin.  Chairman Ian Murray informed the public that, at the request of the Planning Board, the Applicants have agreed to table this item until the April 27th meeting, allowing more time for the Board to review and respond to the comments filed regarding the Conditioned Negative Declaration.  Chairman Murray stated that the Board would either hold a special meeting or hold a workshop meeting to review the comments.  He added that no action would be taken, no public hearing would be held, and no public comment would be allowed at tonight’s meeting. TABLED



Sketch-Plan Conference



James Burke, Applicant

172 Co. Rt. 67

Stillwater, NY  12170                                     

S/B/L 195-1-16.1 Rural District


James Vianna, representing the Applicant, addressed the Board regarding the proposed subdivision of the 9.97+/- acre lot into four single family residential lots on Hanehan Road.  The proposal includes two lots approximately 2 acres in size, and two lots approximately 3 acres in size.  The parcel is described as a corn field with no trees on it, and is estimated to be just under 10 acres in size, which would not require a conservation subdivision; however no survey has been conducted as yet.  Currently, about half the lot is covered in water due to the recent rainfall and spring melt. Mr. Vianna stated that this is a good time of year to look at the drainage situation on the parcel.  He added that there is a drainage culvert on the northwest corner of the parcel, which was put in by a farmer, that is now plugged.  Susan Cummings was able to describe the parcel in some detail because it adjoins her property.  She noted that the culvert was on a neighbor’s property, that there are sinkholes on the land, and that it was flooded all winter long, not just this spring.  Mr. Vianna said that the Applicant could put in a culvert, and that some storm water management would have to be done to redirect drainage.  An engineer would have to design a dry well system.  Chairman Murray said that a culvert could be put in; then an easement obtained.  Steve Bodnar gave a brief description and history of the property, including the presence of sinkholes, the installation of a drywell, and the addition of drainage tiles.  He added that he has water concerns.  Marilyn Zaborek questioned whether the property could be legally developed if it had been drained for agricultural use.  Ralph Pascucci questioned whether the land was less than 10 acres and whether there was a way to keep the land as farmland.  Chairman Murray stated that the Board would have to wait to see the results of the soil samples, and the report on the tire dump and sinkholes.

A discussion followed on the placement of the driveway for the proposed parcel at the crest of the hill. Mr. Vianna said that there is 900’ of sight distance in either direction from that point. He added that concessions have already been made regarding the property; reducing the number of houses from 5 to 4.  That number might even be changed to 3.

Mr. Vianna then asked the Board to conceptually approve the plan as conforming to current zoning regulations.  Chairman Ian Murray said that the Board was legally constrained to give conceptual approval since the application does meet current zoning requirements.

Although this item was legally noticed for a public hearing, none was held because it is still at the sketch-plan stage.  RETURNING




James M. Vianna, Applicant                                Walter J. Taras

170 Lohnes Rd.                                                      P.O. Box 173

Stillwater, NY  12170                                      Schuylerville, NY  12871

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


James Vianna requested permission from the Board to file a revised map with the County to correct a boundary along County Route 69 as a result of a recent survey.  The lot line would be adjusted by .08+/- acres on a 58 acre parcel.  Chairman Ian Murray asked if any markers had been moved.  Mr. Vianna stated that the County survey dates to the 1930’s, and that any wooden stakes that were used at the time have long since disappeared.  He added that some County roads now have markers, but some do not.  The lot line adjustment did not change the plot plan of the property.  Ralph Pascucci made a motion, seconded by Albert Baker, to approve the lot line adjustment. Chairman Ian Murray – aye, Susan Cummings  – aye, Ralph Pascucci – aye, Albert Baker – aye, Robert Park – aye, Laurie Griffen – aye Carried 6– 0.  GRANTED



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


Returning Applicant proposes a conventional subdivision of 38 +/- acres into 13 building lots on a new road off of Burgoyne Road.  This item was pulled from the agenda at the request of the Applicant.  TABLED



Alain Ethier, Applicant

193 Wall St.

Schuylerville, NY  12871

S/B/L  156-1-2.2 & 19  Rural Residential


Bruce Agard represented the Applicant before the Board. He presented a proposal to merge 2 parcels totaling 4.83+/- acres along Rt. 29, then subdivide that parcel into one lot with an existing house on 1.5+/- acres, and a second 3.33+/- acre parcel for a new single family dwelling.  The Board explained that the plan was unacceptable because the fire lane is not recognized as a Town road, so it cannot be used to determine road frontage.  The lot was also ineligible to be used for a flag lot.  Neither of the proposed lots, as proposed, met zoning requirements.  Chairman Ian Murray advised the Applicant to review the zoning regulations and petition the Zoning Board of Appeals, if necessary.  NO ACTION TAKEN



James & Nancy Ciccolella, Applicants            Paul Murray, Owner

112 Brown Point Lane                              105 Brown Point Lane

Saratoga Springs, NY  12866              Saratoga Springs, NY  12866

S/B/L 168.-3-60.1  Conservancy District


James and Nancy Ciccolella addressed the Board regarding their proposal to subdivide the property of Paul Murray to convey .494+/- acres of his 2.6+/- acre parcel to them.  Mr. and Mrs.Ciccolella explained to the Board that they purchased the property in question in April of 2004; however, the subdivision was not legal because they never appeared before the Planning Board, but went straight to the County to file their map.  The County noted the mistake in a letter.  The Applicants currently have two deeds, and have not yet joined them.  Town Attorney William Reynolds commented that the Applicants could have an attorney prepare a document joining the properties, or the Planning Board could approve a merger deed to merge this property with the Applicants’ other property to make one lot. The new deed would then be refiled with the County.  Chairman Murray pointed out that the map provided by the Applicants did not show all of Mr. Murray’s property.  He directed the Applicants to provide a detailed map of Mr. Murray’s land and added that Mr. Murray should appear to represent himself at the next meeting.  RETURNING



Special Use Permit 


Ralph Pascucci

929 Rte 29E

Saratoga Springs, NY  12866

S/B/L 156.-1-1  Rural Residential


Ralph Pascucci is seeking a Special Use Permit to utilize approximately 4 acres 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. He has changed his original plans, moving the location of the affected property closer to Route 29 to provide better access to the cemetery and to subdivide it more easily.  He has also incorporated a second road which will be more precisely located when curb cuts are obtained from the County. After the cemetery is approved, the property will look the same except for curb cuts, a dirt road, and a possible sign.  Mr. Pascucci explained that the access road should be sufficient for visitors to enter and turn around without making a cul-de-sac.  For funerals, Mr. Pascucci intends to allow his own driveway to be used as a loop, but otherwise it will be closed off from the cemetery.  No parking areas or buildings are proposed at this time.  The Board discussed the road frontage necessary for the project, stating that the regulations call for 400’, but 200’ can be approved for a special use permit.  It was determined that Mr. Pascucci has more than 200’ between the cemetery property and his driveway, but, in any case, the shape of the cemetery property can be altered. 

Mr. Pascucci stated that he is trying to obtain approval with contingencies from the Planning Board before he seeks State approval.  He would then return to the Planning Board.  Mr. Pascucci added that he would give an easement on his driveway if necessary, but prefers not to do that.

The Board then discussed a letter filed by Town Historian Sean Kelleher requesting that the Board use a full Environmental Assessment Form for this project because it exists in an area determined to be archeologically sensitive by the State Historic Preservation Office (SHPO).  However, the Board determined that this project is categorized as an unlisted action, as defined by SEQR regulations.  Mr. Pascucci noted that the property in question was once farmland and that the proposed use will not affect the character of the property in any significant way.  Town Engineer Kenneth Martin stated that he had been able to discuss the situation with someone from SHPO and that agricultural use of property designated as sensitive is permitted.  Mr. Martin directed Mr. Pascucci to send the location and plans for his project to SHPO, and they would review it and respond within a week to ten days. Mr. Pascucci said that digging graves would be very similar to plowing ground for agricultural use, and therefore should be permitted as well.  Town Attorney William Reynolds commented that, because the issue has been raised, the Planning Board is obligated to address it.  Chairman Ian Murray stated that, because the issue was raised at the last minute, the Board could conceptually approve the project but couldn’t grant a permit until the process was complete.  Laurie Griffin made a motion, seconded by Susan Cummings, to grant conceptual approval of the project pending a favorable review by SHPO.  Chairman Ian Murray – aye, Susan Cummings  – aye, Ralph Pascucci – aye, Albert Baker – aye, Robert Park – aye, Laurie Griffen – aye Carried 6– 0.  RETURNING

[Errata:  Mr. Pascucci recused himself from voting on this issue.  The vote was 5-0.  These minutes were corrected at the April 27th Planning Board meeting.]






Pember Dupras, owner of Rain or Shine Tent Co., Inc.,  addressed the Board regarding the purchase of property on Route 29 near the Olde Saratoga nursery for use as a warehouse.  Mr. Dupras has rented space from Herb Thomas, ¾ mile from the proposed site, for the past 9-10 years to store his tents, which are used in his seasonal business.  The business currently operates approximately 22 weeks out of the year and utilizes 12 vehicles. The space he rents from Mr. Thomas is not large enough to allow for winter maintenance.  Mr. Dupras estimated that he would need approximately 7-10,000 square feet of storage space, and would be willing to build whatever the Board would require esthetically.  He stated that his business is characterized as a service business where he works primarily from his client’s houses and did not feel the need for a sign.  There would be little traffic during the day because his trucks were gone early in the morning and would not return until late at night.  He would also prefer that the building face the road with any parking in the back. Chairman Ian Murray asked whether Mr. Dupras would have height requirements for the warehouse, to which Mr. Dupras responded that he would need 20-24’ at most.  No cleaning is involved in his business; all tents are shipped out to be professionally cleaned.  

Chairman Murray stated that the Board would want the site to be architecturally pleasing with landscaping and no blacktop to preserve the local character of the property.  He said that a warehouse is a special permitted use in that area, and directed the Applicant to obtain a copy of the zoning regulations before moving forward.  SEQR is necessary. 

Shawna Bannon, the current landowner, described the property, stating that there is no sitting water on the lot, and that there is some rubble.  The neighboring landscaper is currently operating his heavy equipment on the lot.  RETURNING


Old Business:  None


New Business: The Board discussed the pros and cons of having a workshop meeting versus a special Board meeting regarding the application of Roohan & Barlok.  Chairman Ian Murray stated that two public hearings and a 30-day comment period have been incorporated in this application; therefore, no more public input will be allowed, although any meeting would be public.  Mr. Pascucci stated that the public nature of the workshop would allow interested parties to understand the thought process of the Board in reaching any decision, but would not allow any new issues to be raised.  He added that there could be possible further dialogue with interested parties after the Board’s determination. Laurie Griffen repeated that no Board action would be taken on the application until the next Board meeting, and that action might not necessarily be a final determination.

Chairman Murray stated that the Board had fulfilled its obligation to the public and now had to fulfill its obligation to the Applicants.


The next meeting is scheduled for April 27, 2005. 


A motion to adjourn was made at Laurie Griffen and seconded by Robert Park. Chairman Ian Murray – aye, Susan Cummings  – aye, Ralph Pascucci – aye, Albert Baker – aye, Robert Park – aye, Laurie Griffen – aye. Carried 6-0.


Respectfully submitted,


Catherine E. Cicero



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