�
TOWN OF SARATOGA
PLANNING BOARD
MINUTES -
DRAFT
March 9, 2005
- 7:30 PM
Chairman
Ian Murray called the meeting to order at 7:30 pm.
Clerk
Catherine Cicero called the roll.�
Chairman Ian Murray � present, Susan Cummings� � present, Ralph Pascucci � present, Albert Baker � absent, Paul
Griffen � present, Robert Park � present, Laurie Griffen � present, and
alternate Barney Drumm � absent.
Approval
of Minutes: All board members present had read the minutes of the January 26,
2005 meeting.� Ralph Pascucci noted a mistake in the January 26, 2005
minutes which stated that the proposed cemetery on his property would be 400
square feet.� The parcel will actually
be 4 acres. A motion was made by Ralph
Pascucci� to accept the minutes of
January 26, 2004 with the correction and Robert Park seconded it. Chairman
Ian Murray � aye, Susan Cummings� � aye,
Ralph Pascucci � aye, Paul Griffen � aye, Robert Park � aye, Laurie Griffen �
aye. Carried 6� 0.
Before
taking applications, Chairman Ian Murray read from a prepared statement to
correct any misconceptions from the last meeting.� A community member had expressed some concern that Town Engineer
Kenneth Martin had met privately with a representative of the applicant.� Chairman Murray stated that Mr. Martin is a
licensed professional engineer, paid by the Town to perform those duties.�� He is not a member of the Board, nor is he
constrained from meeting privately with parties to discuss aspects of their
applications.
Order of Business:
Subdivision
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
The application before the
Board is 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 +/-.�
Previously, the Planning Board reviewed and completed the Full
Environmental Assessment Form. Chairman Murray noted that the conditioned
negative declaration was filed on February 18, 2005, and was advertised for a
30-day comment period.� All submitted
information must be reviewed prior to any final action.� The Board will take up this matter again at
its March 30 meeting.
Mr. Sam Aldrich submitted a
written statement to the Board.� That
statement is included in the permanent file of this application.
Mr. Aldrich also presented
the Board with a petition signed by a number of community members.� That petition is included in the permanent
file of this application.
Craig M. Munson, et al.
1148 Fort Miller Rd.
Greenwich, NY�
12834
S/B/L 157.-1-3.1�
Rural Residential
Returning Applicant, 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.� Mr.
Vianna noted that, since the last Board meeting, the billboard has been taken
off the property and the SEQR Negative Declaration has been completed.� Mr. Vianna then read survey note number 5
which states that no building permit may be issued until a septic system has
been designed.�
A discussion followed
concerning the fact that the Board has never approved a subdivision without
such a septic system design being in place.�
Ralph Pascucci was concerned that the Board was setting a dangerous
precedent. He asked if this process would put an additional burden on the
Building Inspector, to which Chairman Murray responded that it would not.� Finally, Mr. Pascucci asked whether the
Board would know if this caveat existed in the deed before a building permit is
issued.� Mr. Vianna commented that he
has appeared before other Town Planning Boards that require a plot plan before
issuing a building permit. Town Attorney William Reynolds stated that the Board
was not necessarily setting a precedent by granting this application.�
Proof of Notice having been provided, the Public
Hearing was opened.� Chairman Murray
asked that people state their name, address, and whether they were for or
against the project.
Marilyn Zaborek, 387 Burgoyne Rd.�neither for or
against.� Ms. Zaborek commented that she appreciated the Board�s discussion
to make sure that a granting of the application would not result in a problem
later on.� She was concerned about
things �slipping through the wickets.�
All those wishing to speak
having done so, the Public Hearing was closed at 7:48 pm.
Chairman Ian Murray then made
a motion that the proposed subdivision would not have a negative impact on the
environment.� The motion was seconded by
Susan Cummings.� Chairman Ian
Murray�aye, Susan Cummings�aye, Paul Griffen�aye, Ralph Pascucci�aye, Robert
Park�aye, Laurie Griffen�aye.� Carried 6-0.
Paul Griffen made a motion to
grant the application.� Susan Cummings
seconded the motion.� Chairman Ian Murray�aye,
Susan Cummings�aye, Paul Griffen�aye, Ralph Pascucci�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, 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. At the last meeting,
the Board requested a topography map, in 5� increments, and including a pond
reputed to be on the property, any wetlands, and a road profile showing cuts
and fills. Due to the weather, the
Applicant has been unable to finish the topography map. The Board questioned
Mr. Barber regarding his plans for placement of utilities, but he had not yet
spoken with Niagara Mohawk or other utilities. The Applicant was unable to
provide the Board with any new information regarding the project; no action was
taken.� Returning.
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
Applicants propose to subdivide
the property of Paul Murray to convey .494+/- acres of his 2.6+/- acre parcel
to the Applicants, James and Nancy Ciccolella.
Applicant did not appear.� No action was taken.
Gary Grentzer, Applicant
52 Ruggles Road
Saratoga Springs, NY�
12866
S/B/L 154-1-4.1�
Rural Residential
Applicant proposes to
subdivide 2.2+/- acres for a home site in the existing development of Scidmore
Woods.� Mr. Grentzer presented the Board
with a proposal for further development of an ongoing project on his property.� A discussion followed with Board members
concerning the most efficient and aesthetic subdivision of the property,
including �flagging,� and using a loop-type road, rather than Mr. Grentzer�s
proposed cul-de-sac.� Returning.
Special Use Permit�
Ralph Pascucci
929 Rt 29E
Saratoga Springs,
NY� 12866
S/B/L 156.-1-1� Rural Residential
Returning Applicant is seeking a Special Use Permit to utilize approximately a 4 acre piece of property in the northeast corner of his 40 acre parcel as a �green cemetery,� open to the public. 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.� Since the last meeting, the proposal has been submitted to the County, which responded with a package of information.� Ralph Pascucci addressed the Board regarding his proposal.� It is his intention to obtain a Special Use Permit from the Planning Board before continuing with the State process.� He said he would consult with his attorney regarding the fact that the proposed cemetery is not a not-for-profit business.� He has spoken with Larry Benton from the County regarding the project, and has learned that New York State has already approved a similar cemetery, but it is not yet in operation.� Mr. Pascucci explained that in a green cemetery the family members may even dig the grave.� There are no constraints about being buried with pets, and there are no vaults, as required in traditional cemeteries.� There is no grass to maintain, no lawnmowers, and he will avoid cutting down many trees.� Mr. Pascucci has not made any firm decisions, but stated that he may allow markers, but may restrict their size, height and type.� He stated that he is looking for some direction from the Board.
Chairman Ian Murray stated that Mr. Pascucci does have to incorporate, he must have 3 trustees, and he must subsidize his property.� He said that the Board could not approve the public cemetery as proposed.� He noted that if the owner abandons the cemetery, for whatever reason, the Town has an obligation to take it over and maintain it.� As proposed, the cemetery would be landlocked.� There followed a discussion of exactly what the Town would have to be maintaining since a �green cemetery� would revert back to wilderness.� However, the access road to the cemetery would still need to be maintained and kept cleared.� Chairman Murray stated that the road should be put in by Mr. Pascucci and should conform to the Disability Act.�
Mr. Pascucci questioned the Board about obtaining a Special Use Permit conditioned on his filing for incorporation.� Chairman Murray responded that the Town requires road frontage and a road.� Mr. Pascucci responded that there is currently a curb-cut on Rte 29, and that he would propose deeding his current road to the cemetery corporation, then obtain an easement from the corporation to use the road as his driveway.� He said that he would file for a subdivision if that was absolutely necessary.
Laurie Griffen stated she had concerns similar to those raised by Chairman Murray.� The Town might eventually have to take over the road and plow it in the winter.
Mr. Pascucci stated that the road wouldn�t see much wear.� He added that the cemetery is not intended to be affiliated with any particular religion.� He noted that orthodox Jews are required to not be buried in vaults.� Therefore, they might be attracted to the type of cemetery he is proposing.
Town Attorney William Reynolds commented that the Town has no obligation to take over a private abandoned cemetery.
Robert Park asked Mr. Pascucci who he had in mind to serve
on the board of the corporation.
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.
Penelope Benson-Wright, Burke Rd.�for.� Ms.� Benson-Wright thought the idea of a cemetery
was a great idea but wanted to know what economic impact the plowing of the
road would have on the Town. Mr. Pascucci responded that funds could be set
aside for the upkeep of the road.� He
noted that 25% of revenues is often the standard used for maintenance; however,
in this instance, that figure would be high because there is little maintenance
aside from snow plowing and the cost of replacing rubble to repair the
road.� He added that if the project is
not viable, he will not move forward with it.
Ms. Benson-Wright added that
she thought it was a very creative use of the land that would benefit the
community.
William Corrigan, 207 Walsh Rd.�for.� Mr.
Corrigan said that this was a creative use of the property, but posed questions
to Mr. Pascucci.� He wanted to know if
Mr. Pascucci was looking for a special use permit with contingencies. He also asked whether, if the Town
took over the cemetery, it would be obligated to run it as the corporation
originally envisioned.� Chairman Murray
responded that the Town would not actually run the corporation.� It would only continue to maintain it if it
is abandoned for any reason.�
Maintenance would be performed at the direction of the Department of
State.� Later, Mr. Corrigan asked if the
application could be granted as a one year renewable special use permit.� He also asked Mr. Pascucci if he had made
any plans for expansion of the cemetery if necessary.
Steve Crain, 302 Burgoyne Rd.�for.� Mr.
Crain said that the proposal was a creative use of the land and a great and
innovative idea; better than subdivisions.
Marilyn Zaborek, 387 Burgoyne Rd.�for. �Ms. Zaborek
commented that it was a great idea, and stated that she had more concerns with
subdivisions that require road maintenance.�
She asked for a price on a plot, and further commented that the cemetery
on Burgoyne Road is maintained by prisoners.
Phyllis Aldrich, 173 Burk Rd.�for.� Mrs.
Aldrich stated that the idea was wonderful and ecologically sound.� She asked whether it would have a tax impact
on the Town and whether there would be an invasion of privacy for Mr.
Pascucci.� Mr. Pascucci responded that
the cemetery would be situated as far from any neighboring residents as
possible, and that he only expected to see an occasional car go by.
All those wishing to speak having done so, the Public Hearing was closed at 8:50 pm.
Laurie Griffen agreed that the proposal was a great idea, but wanted to know how the Town permit would work vis-�-vis the State.� Mr. Pascucci stated that the permit could be granted contingent upon him going to the State for further permits.� He would then return to the Planning Board for a subdivision.� He does not want to separate out another 200� for road frontage from his property if it isn�t necessary.
Town Attorney William Reynolds stated that the Board can look at the proposal more closely under a special permit review.� The Planning Board must deal with the subdivision as it concerns the special use permit.
Chairman Ian Murray stated that the Board is looking for information regarding the subdivision.� Mr. Pascucci�s suggestion to deed his road to the corporation while retaining an easement for personal use would be adequate to meet regulation standards.� He said that Town Engineer Kenneth Martin may have to look at the road, but it may not need to meet the same standards as other roads in the Town.� The 200� required by the regulations is for emergency vehicles and may not apply to hearses and cars.� Paul Griffen stated that the Board wants to examine all possibilities.� Chairman Murray restated that, in essence, Mr. Pascucci will be creating 2 parcels.� Mr. Pascucci replied that there will be three pieces when he returns before the Board.� He will create a loop in the cemetery parcel, which he will make slightly larger if necessary.
Both Laurie Griffen and Paul Griffen requested that the issue be tabled until the next meeting.�
Zoning Board of Appeals Chairman Stephen Bodnar then noted to the Board that although the road is private, it should have emergency vehicle access.
Laurie Griffen made a motion to table the proposal,
seconded by Paul Griffen.� Chairman Ian
Murray�aye, Susan Cummings�aye, Paul Griffen�aye, Robert Park�aye, Laurie
Griffen�aye.� Ralph
Pascucci�abstain.� Carried 5-0.� TABLED�������
Information
Mr. Sam Aldrich asked for
clarification regarding the end of the comment period on the conditioned
negative declaration issued on the Southard Rd. proposal.� He noted that the Board had been presented
with petitions and with a formal statement by Mr. Aldrich regarding that
matter.� He requested that those
materials be considered comments to the conditions of the negative declaration.
(The petitions and formal statement are contained in the permanent file of that
application.) Mr. Aldrich informed the Board that he is operating under the
assumption that the petitions and his statement will not change the Board�s
position; however, he asked when the public would be informed of the Board�s
final position.� Chairman Ian Murray
responded that the Board may make a decision at its March 30 meeting.
Mr. Aldrich noted that the
Save Southard Road Coalition would then have 30 days from the date of the
Board�s final decision to file an Article 78 proceeding against the Town.
Ms. Penelope Benson-Wright asked
whether there would be another public hearing on this issue at the March 30
meeting.� Chairman Ian Murray read from
the rules pertaining to the conditioned negative declaration.� No public hearing is planned for that
application at the next meeting.
Old Business: Paul Griffen reported that the zoning and provision committee will be
starting up soon at the Town Board and Supervisor level. He added that
he has met with other groups, who have requested more information.� He intends the final report to be a process
roadmap; a graphical representation of the process.� The final product may include the consideration of the following
topics:� safety issues (e.g. hydrants),
dumpster shielding, roadside landscaping by developers, utility distribution
rules (surface or burial), design regulations for passive solar designs, well
water regulations, outdoor lighting (an issue in the Town of Saratoga because
of excessive farm lighting), and demolition permits so the Town would know when
something is being torn down. �This last
item is important in the case of any historic building that might be mistakenly
dismantled.� Finally, Mr. Griffen stated
that the issue of parks should be discussed at the Town Board level, and that
developer participation would be helpful in discussing Town improvements.
Mr. Griffen said
that, if anyone wants to comment on any of these or other related issues, they
should submit something in writing within the next six months.� He would like to see the new regulations
completed and voted on within the coming year.
Penelope
Benson-Wright requested the Board to scan the proposed regulations and post
them on the Town�s website to make it easier for the public to make comments.
William Corrigan
asked who the members of the committee were and volunteered to become a
member.� Paul Griffen responded that the
committee had not yet been formed.� The
regulations would eventually be professionally written, reviewed by the Planning
Board, and legally reviewed.� Any input
must be made within the next couple of months.
Penelope
Benson-Wright asked Supervisor Tom Wood if the Town Board had made any
decisions regarding the issue of a moratorium.�
Supervisor Wood replied that the forthcoming Town Board agenda would
include the items of the formation of a formal committee to update the
regulations and discuss a building moratorium.
New Business:� The Board received and reviewed a letter from
Frank Narent regarding the Board�s Subdivision Regulations and Design and
Construction Standards.� The document
was adopted by the Town Board on September 11, 1972.� Mr. Narent contends that, with the exception of a relatively
minor amendment in 1987, the document has remained unchanged since that
time.� Mr. Narent is concerned that
contractors may be using substandard construction materials in new building
projects, while still conforming to Town building requirements.� Chairman Ian Murray noted that the Planning
Board is using all up-to-date professional engineering standards.� The Board has used the terms �current or
approved� in its permits since 1972.�
Mr. Narent stated
that a �savvy� contractor would get around that language, and that it would be
prudent for the Planning Board to review that language and take control of any
materials being approved and used.
Next, James Vianna
explained to the Board that a minor error is contained in a survey map that he
made of Saratoga Farms, which was subdivided last summer.� Based on information more recently obtained,
Mr. Vianna would like to correct the error and resubmit the amended map to the
County.� Although the difference is
negligible, Mr. Vianna stated that the adjustment would be a better
record.� Chairman Ian Murray suggested
that Mr. Vianna bring the issue back to the Board at its next meeting and
request a lot-line adjustment.
�
The next meeting is scheduled for March 30, 2005.�
A motion to adjourn was made at 9:38 p.m. by Laurie Griffen and seconded by
Robert Park. Chairman Ian Murray � aye, Susan Cummings �aye, Paul Griffen �aye,
Ralph Pascucci � aye, Robert Park � aye, and Laurie Griffen � aye. Carried 6-0.
Respectfully
submitted,
Catherine
E. Cicero
Planning Clerk