DRAFT MINUTES OF THE
SPECIAL MEETING OF THE TOWN BOARD
OF THE TOWN OF SARATOGA, 30 FERRY ST.,
Wednesday, November 16, 2005
Supervisor Thomas Wood opened the meeting with the Pledge of Allegiance
at 8:12 p.m.
Roll call: Town Clerk Ruth Drumm called the roll. Supervisor Thomas Wood- present, Councilman Bruce Cornell - present, Councilman Charles Hanehan- present, Councilman Michael McLoughlin – present, and Councilman Fred Drumm- absent
Also present: Town Engineer Kenneth Martin, Betty Koval, Clarence Fosdick, and Walter Taras
Public Comments on Agenda Items: None
Supervisor Thomas Wood reported that a court hearing was held today regarding the cleanup of the burned out house at 1390 Route 9P owned by Calvin Gong. Justice Jack Ditch ruled against the town stating that the condition of the structure didn’t pose an imminent danger to public health or safety. After board discussion, it was decided that the board still feels that it is not a safe structure and the garbage and debris violates our dumping ordinance. Town Attorney William Reynolds asked Town Engineer Kenneth Martin if he would visit the site, communicate the findings to him, and give a written report of the condition of the building and site. If it is determined not to be safe, a violation notice and an Order to Remedy will be issued.
Supervisor Thomas Wood updated the board regarding a structure being constructed without a building permit by Tom Ruhle at 168 Burgoyne Rd. It is also too close to the property line. Zoning Officer Robert Hathaway issued a Stop Work Order and Tom Ruhle is going to the Zoning Board of Appeals for a side lot variance. There was also a complaint about manure disposal close to the property line and a concern by a neighbor about the possibility of it polluting his well. Supervisor Thomas Wood, Zoning Officer Robert Hathaway and officials from DEC, DOH, Farm Bureau, and the Soil and Water Conservation Service went to the site to assess the situation.
Town Engineer Kenneth Martin was asked to clarify some aspects of the Water Regulations in Local Law #5. He discussed with the board whether the water in a well casing should be considered as storage. Town Engineer Kenneth Martin stated that he feels very much against it because the first time you put water storage in your well you also put in a pump that will pump out the water at that rate, not knowing whether the aquifer will produce that much and it may pump it dry. The way to avoid that is with above ground storage and then regulate the well, pumping at the rate you can pull water out of the aquifer. The column water would not be enough at peak water usage times.
Another concern is with monitoring the draw down rate in neighboring wells and whether there should be a distance requirement in order for that to be required. Town Engineer Kenneth Martin stated that it is hard to determine a distance depending on the aquifer. It could affect it a long ways away. In individual building lots or minor subdivisions, it is not mandatory. In major subdivisions, it is mandatory. When monitoring a neighboring well, pumping from the well is not done, but the water level in the well is measured. The question then was if it affects the neighbor’s well, then what? Town Engineer Kenneth Martin stated that it then goes to who owns the water under your land and that you do have a right to the water under your land.
The board then inquired about the term a qualified design professional used in the regulations regarding the testing of wells and Town Engineer Kenneth Martin responded that it would typically be a hydro geologist or a professional engineer.
Walter Taras spoke to the board about his concerns over the proposed water regulations and how they would work in different situations. He asked for the definition of a minor and major subdivision. Town Engineer Kenneth Martin responded that a minor subdivision is 4 lots or less, and a major is 5 or more lots. He then inquired who is required to drill the well and Town Engineer Kenneth Martin responded that it is tied to the building permit process.
Resolution #05-97 – Adopting Local Law #4 of 2005- Building Permit fee increases, Boat Storage, and Special Use Permit fees was introduced by Supervisor Thomas Wood and seconded by Councilman Charles Hanehan as follows:
WHEREAS, the Town Board of the Town of Saratoga has reviewed the aforementioned changes and has determined their merit, and
WHEREAS, the Town Board of the Town of Saratoga has held a public hearing and received input from the townspeople, now therefore be it,
RESOLVED by the Town Board of the Town of Saratoga to adopt Local Law # 4 of 2005, increasing building permit fees, adding boat storage as a special permitted use in the Lake Commercial, Rural Residential, and Rural Districts, and increasing Special Permitted Use fees.
Supervisor Thomas Wood III – aye, Councilman Bruce Cornell – aye,
Councilman Fred Drumm – absent, Councilman Charles Hanehan – aye
Councilman Michael McLoughlin – aye Carried 4 – 0 (Local Law #4 of 2005 is on file in the Town Clerk’s office).
The board discussed the Planned Unit Development (PUD) that has been proposed by Saratoga Builders for property at Rt. 29 and Louden Rd. They need to act at the next board meeting on December 12th or an extension would be required. If the duplexes are removed, then it would be a conservation subdivision and a PUD would not be required, only Planning Board approval. Supervisor Thomas Wood reported that Sam Palazzole of Saratoga Builders has seemed open to setting aside some land for a satellite station for the Quaker Springs Fire Department (QSFD) if requested to do so. It would be an option for the QSFD.
After some board discussion on increasing the Town’s liability insurance coverage to 5 million which would increase the premium by $470 annually, Supervisor Thomas Wood made a motion to increase the liability coverage from 4 million to 5 million for an additional annual premium of $470. This was seconded by Councilman Bruce Cornell. Supervisor Thomas Wood III – aye, Councilman Bruce Cornell – aye, Councilman Fred Drumm – absent, Councilman Charles Hanehan – aye, Councilman Michael McLoughlin – aye. Carried 4 – 0
Supervisor Thomas Wood presented the board with an anonymous complaint letter regarding a dog, who is running about the town unleashed and leaving “presents” on lawns. This letter will be forwarded to Dog Control Officer Rick Sullivan for action.
Supervisor Thomas Wood explained that we have contracted with General Code to codify our Local Laws, Zoning Regulations, and Subdivision Standards. The editorial analysis by General Code of our Local Laws has identified sections of our laws that need to be changed or updated. We have until November 28th to respond to their suggestions. The board reviewed their suggestions one-by-one. The review excludes the Subdivision of Land and Zoning Regulations, for now, as that is undergoing substantial revisions by the town.
Resolution #05-105 – Designation of “Lead Agency” for Local Law #5 of 2005 – Water Well Regulations was introduced by Councilman Charles Hanehan and seconded by Councilman Bruce Cornell as follows:
WHEREAS, the Town Board of the Town of Saratoga is amending the Zoning Ordinance with Local Law #5 of 2005, and
WHEREAS, the approval of Local Law #5 of 2005 is an Action subject to the provisions of the New York State Environmental Quality Review Act (S.E.Q.R.) and the regulations promulgated to implement said Environmental Quality Review Act, and
WHEREAS, the provisions of S.E.Q.R. require the designation of a “Lead Agency” to determine the environmental significance of the Action, and
WHEREAS, this agency has complied with the provisions of S.E.Q.R. pertaining to “Lead Agency” designation, now, therefore, be it
RESOLVED, that the Town Board of the Town of Saratoga is hereby designated the “Lead Agency” for the purpose of conducting the S.E.Q.R. review of referenced Local Law #5 of 2005.
Supervisor Thomas Wood III – aye, Councilman Bruce Cornell – aye, Councilman Fred Drumm – absent, Councilman Charles Hanehan – aye
Councilman Michael McLoughlin – aye. Carried 4 – 0
A motion to adjourn was made by Councilman Charles Hanehan at 10:05 p.m. and Councilman Bruce Cornell seconded it. Supervisor Thomas Wood – aye, Councilman Fred Drumm – absent, Councilman Bruce Cornell – aye, Councilman Charles Hanehan – aye, and Councilman Michael McLoughlin – aye. Carried 4 – 0.