TOWN OF SARATOGA
MINUTES - DRAFT
November 28, 2007 - 7:30 PM
Chairman Ian Murray called the meeting to order at 7: 33 p.m.
Clerk Linda McCabe called the roll. Chairman Ian Murray – present, Robert Park - present, Patrick Hanehan - present, Paul Griffen –absent, Laurie Griffen – present, Ralph Pascucci- present, Robert McConnell- present, Alternate Jennifer Koval- present.
Chairman Ian Murray made a motion, seconded by Laurie Griffen, to elevate Alternate Jennifer Koval to full voting status due to the absence of Planning Board Member Paul Griffen. Chairman Ian Murray – aye, Robert Park – aye, Patrick Hanehan – aye, Laurie Griffen – aye, Robert McConnell – aye, Ralph Pascucci – aye. Carried 6 - 0.
Approval of Minutes: A motion was made by Patrick Hanehan and seconded by Robert Park to accept the minutes of October 24, 2007 as written. Chairman Ian Murray – aye, Robert Park – aye, Patrick Hanehan – aye, Laurie Griffen – aye, Robert McConnell – aye, Ralph Pascucci – aye, Jennifer Koval – aye. Carried 7 - 0.
Order of Business:
Lot Line Adjustment Conference
Stanley & Donna Barber
188 Hayes Rd.
Schuylerville, NY 12871
S/B/L 156-4-54 Rural Residential
The Applicants are seeking a lot line adjustment for their daughter’s new home. They would like to adjust the lines of Lot 7 and Lot 8. Originally Lot 7 was 6.502 acres and Lot 8 was 11.744 acres. The lot line adjustment will decrease Lot 8 to 3.444 acres for their daughter’s house and Lot 7 will increase to 14.802 acres.
Mr. Terry Humiston appeared before the Board for the Applicants. Mr. Humiston first appeared before the Board for this Applicant in April 2007, to see if the old subdivision was still in effect, and found it was. Since then Mr. Humiston submitted a request to the County to have the tax map adjusted to put the lots back on the tax map, which has now been done. The Applicants are now proposing to increase lot 7 and decrease lot 8. Chairman Ian Murray stated they meet Town regulations and this requires no Board action. The Board needs the Applicant to have the new metes and bounds on the deed. Mr. Humiston handed one mylar map and one paper copy of the map to Chairman Ian Murray and will drop off the proposed deeds to Attorney William Reynolds. Chairman Ian Murray stated he and Town Engineer Ken Martin will sign the maps in a couple of weeks once he gets the okay from Attorney William Reynolds.
Sketch Plan Review
John S. Witt #07-06
563 North Broadway
Saratoga Springs, NY 12866
S/B/L 206.-1-38 Rural District 2
This Applicant proposes a 2-Lot subdivision, “Sunset View”, on Brown Rd. for two single family residences. Lot 1 will be 4.373 acres with 226.68’ of road frontage and Lot 2 will be 4.937 acres with 226.67’ of road frontage.
Mr. Witt appeared before the Board looking to subdivide this 9+/- acre parcel into two lots. He plans to split the lot right down the middle. Mr. Witt has fill in the middle of the two lots which can be moved around for the septic systems. The test holes are done, and there will be individual driveways for each lot. Town Engineer Ken Martin noted the house on Lot 1 cannot go back as far as the house on Lot 2 due to the lot width, and Mr. Witt said the house is designed for this lot; going back 200’ and the house is 75’ wide. Robert Park wanted to know if they would have to clear trees on the west side and the Applicant said no. Chairman Ian Murray stated that the Applicant needs to get a completed final application to us, the soil engineering and perc tests plotted on the map, the completed short form SEQR, and neighbor notifications out. We will publish for a December Public Hearing, and as long as the Applicant completes everything, this will be the final. Returning
Special Use Permit Pre-Conference
87 Green St.
Schuylerville, NY 12871
S/B/L 156-3-11 Rural Residential
Returning Applicant proposes a small, family plumbing and drain cleaning home-based business, for Joel Cattalinic & Peggy and Don Zinzow, who lease his property at 1120 Rt. 29, Schuylerville. This business requires no customers coming onto the property; the customers would phone and they go off site to the customer. The name of this business is Rollin-Rooter.
Returning Applicant Harold Reiser appeared before the Board along with Joel Cattalinic, owner of the Rollin-Rooter plumbing and drain cleaning business, and his in-laws, Peggy and Don Zinzow who lease this property from Harold Reiser. He explained to the Board that this family business is service based; they go to the sites of their customers, therefore there is no business conducted on the property. Mr. Reiser explained how he renovated the cottage and the old “dance studio” building and he has done nothing with the old house. This family has relocated here from Conn. and had a plumbing and drain cleaning business there for many years. They have downsized the business and are looking to purchase this property sometime next year once they sell their home in Conn. After much discussion among the Board members, it was decided to grant the continuation of the original single business Special Use Permit for this property, with certain conditions.
Laurie Griffen made a motion, seconded by Patrick Hanehan, to grant the Special Use Permit with these conditions: this is a one year, Special Use Permit, for one business only on this property. This Special Use Permit is dated 11/28/2007 – 11/28/2008, for the one truck, small family plumbing and drain cleaning business, named Rollin Rooter. This business is owned by Joel Cattalinic, son-in-law of Don and Peggy Zinzow, who lease this property from Harold Reiser. This business has two employees: Joel Cattalinic and Don Zinzow. All business will be performed off site of this property. This Special Use Permit will be revisited and reviewed for renewal in November 2008. Chairman Ian Murray – aye, Robert Park – aye, Patrick Hanehan – aye, Laurie Griffen – aye, Robert McConnell – aye, Ralph Pascucci – aye, Jennifer Koval – aye. Granted Carried 7 - 0.
Willard Chamberlain Trust #05-18
143 Circular St.
Saratoga Springs, NY 12866
S/B/L 155-1-46.11/46.2/46.3 Rural Residential
Returning Applicant proposes a 28-lot subdivision (minimum lot size is 40,000 SQ FT), named Schuyler Hills on Rt. 29. The parcel is 89.74+/- acres, of which 52 acres will remain open space. Preliminary approval was granted Oct. 24, 2007.
Peter David, of the LA Group, appeared before the Board on behalf of the Willard Chamberlain Trust, seeking final approval for this subdivision. Mr. David appeared to address Board comments and to show the revisions that have been made. He brought in some tree retention stipulation notes and gave them to the Board. He also brought in examples of different culvert systems. Mr. David knows there were concerns with the width and height of the culverts, and he submitted these to SHIPO and Army Corp. Since he last met with the Board, he has met with Trent Martin over the stormwater concerns, and this has now been resolved. Town Engineer Ken Martin said he has the numbers and is happy with this. They have eliminated the infiltration system on pond 3 and are now using check dams for the water quality, he modified detail 8 from sheet L7 to include boot and took away the cement and can discuss this more if the Board would like. Town Engineer Ken Martin stated there is another boot you can use and put in on-site, it expands out against catch basin and you put the pipe in from there. A total of 5 Speed Limit signs of 30 mph will be placed at entrances to lots and as you come out of the lots, along with some Stop signs. Mr. David also presented notes from John Arpey giving the Town easement to enter and have access to the culverts on H.O.A. (home owner association) lands in order to maintain the basin, culverts and pipes. The responsibility lies with the homeowners to maintain the retention basin so the Town is only responsible for the right-of-way as requested. DOH has been contacted, since Mr. David now has the Negative Declaration, they can officially review it and he will be submitting an application to them this week. Mr. Arpey explained how the H.O.A. works to the Board and Chairman Ian Murray questioned if they have filed with the Attorney General’s office yet and was told no they have not. Robert McConnell asked if the Board reviews this with the Town Attorney and Chairman Ian Murray answered yes and so does the Attorney General for NYS; they have to approve all Home Owners Associations. Chairman Ian Murray stated that he, Town Engineer Ken Martin, Town Highway Superintendent Dave Hall and Mr. David met after the last meeting and went over the requested details brought up at that meeting. Mr. David has just about completed all of them tonight. Chairman Ian Murray stated this is pretty much finalized, the Board can approve this with some conditions: DOH approval, a final review from Ken with lot clearing plans and notes of easement, tie the application to the HOA agreement with approval from the Attorney General.
Ralph Pascucci made a motion, seconded by Robert Park, to approve this major subdivision, contingent on: Department of Health approval, notes of easement for HOA, final review by Town Engineer Ken Martin, Attorney General’s approval of the Home Owners Association agreement, and lot clearing and landscape tree notes added to Plat map. Chairman Ian Murray – aye, Robert Park – aye, Patrick Hanehan – aye, Laurie Griffen – aye, Robert McConnell – aye, Ralph Pascucci – aye, Jennifer Koval – aye. Granted Carried 7 - 0.
Saratoga Farms, Inc./Taras #05-11
173 Co. Rd. 69
Schuylerville, NY 12871
Returning Applicant proposes a 35 unit subdivision of single family homes on County Road 69 and Casey Road. Thirty four lots will range in size from approximately 1 to 3 acres. The thirty fifth lot; the estate lot, will be approximately 58 acres in size, with a defined building envelope of 5 acres. The remaining lands within that lot will be deed restricted and preserved as open space.
Attorney Robert Pulsifer, Kirby Van Vleet of Hanson Van Vleet, LLC, and Gavin Villaume of Environmental Design Partnership, LLP appeared before the Board on behalf of Mr. Walt Taras. Mr. Pulsifer noted the Public Hearing is still open on this project with outstanding questions so he turned the meeting over to Gavin Villaume in hopes of answering those questions. Originally they had wanted to use wing curbs for the road designs, since then they have gone to rural road section which have the roadside ditches to collect the run-off to take drainage and perc it into the ground. Currently they have 3 retention basins on site. In answer to concerns of the neighbors on Casey Rd., the drainage from the farm onto the road is the natural water shed of that area. Gavin Villaume stated they will isolate an area and redirect that drainage water away from the homes. They would like to put the storm basin at the lowest point, as in most subdivisions, but instead Gavin Villaume feels they went the extra mile by creating a low point and redirecting the water as far away from the homes as possible. He also added they created berms and put in dry wells behind some homes to help alleviate any problems in this area. Gavin Villaume thinks they’ve done as much as they possibly can for those homes on Casey Rd., and he said they understand the residents concerns and are confident they will not make that situation any worse. The other concerns were of some neighbors on Musket Dr. Gavin Villaume said they improved the situation by adding a road which acts as a dike in that area and directs waters to the wetlands. He then stated they have the latest DEC letter, signing off and allowing them to continue with the permit process. For SEQR they needed the SHIPO letter, which they now have. Kirby Van Vleet, hydro-geologist, completed the most recent well tests. Kirby Van Vleet determined they will go with bedrock wells in this subdivision. They tested 4 wells using DOH appendix B and Town of Saratoga criteria; they tested an existing well and 3 new wells. During the testing procedures they monitored an additional well to determine potential impacts, and when they tested the well on the corner they also monitored a neighbor’s well across the street since there were concerns of that neighbor. Basically the wells had stabilized yield between 2-4 gallons per minute which meets DOH and Town criteria with the understanding that storage will be required. Each monitored well showed .07% - 2.9% of available drawdown; they determined the impacts were insignificant. The aquifer itself in the bedrock is well protected from any type of surface impacts; it has a clay layer of at least 65’ overlying the rock. In some areas on the site there is sand, mainly to the west. The eastern ¾ of the site does not have sufficient sand to be a viable aquifer which is why they have gone with the bedrock. The entire report is on file with the application in the Clerk’s office. Robert Park questioned where the information is on the estate lot and Kirby Van Vleet said they have done no testing on that site. A lengthy discussion followed on DOH requirements, nitrate levels, water table and septic systems. Chairman Ian Murray and Town Engineer Ken Martin stated their frustration with the lack of answers to the specific questions put forth by this Board months ago. Town Engineer Ken Martin stated he received information from Kevin Sherwood of the DOH, which he will get to the Board, and it raises more questions for him. He asked Kirby Van Vleet, Gavin Villaume and Mr. Pulsifer to look over the DOH information and then get together with Chairman Ian Murray and himself. Town Engineer Ken Martin is not satisfied that the nitrates won’t be a problem, even though Kirby Van Vleet says that it is okay. Town Engineer Ken Martin also has concerns about not making the neighboring wells worse. Chairman Ian Murray told the Applicant they want the answers to the specific questions asked in August and would like them in a timely manner this time before any decisions can be made. Chairman Ian Murray also told the Applicant that giving him information the day before a meeting is unfair to the balance of the Board. The Board has cutoff dates for a reason; so all Board members have the opportunity to review and absorb information prior to a meeting. Chairman Ian Murray stated the Public Hearing is still open, and asked if anyone had questions.
Michelle McClure, neighbor, questioned if the Public Hearing will remain open and Mr. Pulsifer answered he would like it to remain open. She then asked if papers submitted are for public viewing. You can view them in the Clerk’s office; they are with the application.
Clarence Fosdick asked if there will be deed restrictions for the berms. Chairman Ian Murray stated yes, let’s deed restrict those and Gavin said they can do that. He also questioned if there is a required drawdown test by the Town, and Town Engineer Ken Martin answered yes there is, a 4 hr. drawdown with DOH approval.
Andy Sheeran, neighbor, questioned how checking wells indicates ground water level.
Tim Raymond handed the Board members a letter and information he found on ground water. He also brought up his concerns on water.
Walter Taras, Applicant, spoke on neighboring subdivision and how you raise your foundations if you have a high water table.
Laurie Griffen, Board member said Mr. Taras has a valid point. She questioned the nitrates on Eagles Roost and Town Engineer Ken Martin responded that there are no nitrates there, it was iron and with a private well most likely no nitrate testing was done. There are no requirements for nitrate testing of private wells.
Jennifer Koval, Board member questioned who owns the retention pond, is it deed restricted to the owners of that property and who maintains it? Mr. Pulsifer stated the home owner is responsible. Jennifer Koval questioned what happens if the home owner fails to maintain it and was told the Town will be given an easement. She then asked who pays for the maintenance and was told the homeowner. Jennifer again questioned if the homeowner fails in their responsibility, who pays? Chairman Ian Murray stated essentially the Town assumes that liability and the tax payers pay for it.
Gavin Villaume stated, according to Mr. Pulsifer, they will get their list together and meet sometime next week with Chairman Ian Murray and Town Engineer Ken Martin to go over a check list of questions needing answers. Chairman Ian Murray stated he is surprised and angry they received information one day before the meeting and questioned if they will get the Board the information needed or will the Board need to Pos Dec this. Mr. Villaume stated they will get the information they need. Application Tabled. Returning
David S. Brown #06-15
78 Condon Rd.
Stillwater, NY 12170
S/B/L 193-1-8 Rural
Returning Applicant proposes to subdivide 2 acres from his 7.036+/- acre parcel on Condon Rd.
Returning Applicant David Brown appeared before the Board and presented his map, and addressed the Board’s concerns of driveway site lines, building envelopes and septic systems. Patrick Hanehan questioned what the road frontage is and the Applicant responded 500+’. Chairman Ian Murray questioned if the Applicant intends to sell or build on this lot and the Applicant said his in-laws will be building on that site. Chairman Ian Murray feels there should be a stipulation of a finished floor elevation due to the large hole on that site, which he noticed when he, Town Engineer Ken Martin and Highway Superintendent Dave Hall met out there. Chairman Ian Murray has concerns of a wet basement if the house is not raised. He suggested raising the basement up 5’, which will raise the first floor to 105’. Chairman Ian Murray stated they must ensure safety so they need this on the plat. Town Engineer Ken Martin said to leave the sump pump in and along with the floor elevation this should be more than adequate to handle any concerns. Chairman Ian Murray noted this can be tied to the building permit. The Board discussed driveway placement and Chairman Ian Murray and Town Engineer Ken Martin are fine with the site plan. Public Hearing was completed on Aug. 30, 2006.
Laurie Griffen read the short form EAF, Part II, line by line, which was completed by the Board.
A motion was made by Laurie Griffen, seconded by Patrick Hanehan, to accept the documents as presented, declare the SEQR complete, and to make a Negative Declaration. Chairman Ian Murray – aye, Robert Park – aye, Patrick Hanehan – aye, Laurie Griffen – aye, Robert McConnell – aye, Ralph Pascucci – aye, Jennifer Koval – aye. Carried 7 - 0.
Robert Park made a motion, seconded by Laurie Griffen to approve this minor subdivision with the finished floor elevation change and Town Engineer Ken Martin’s review. Chairman Ian Murray – aye, Robert Park – aye, Patrick Hanehan – aye, Laurie Griffen – aye, Robert McConnell – aye, Ralph Pascucci – aye, Jennifer Koval – aye. Granted. Carried 7 - 0.
New Business: Laurie Griffen gave an update on the new park.
The Board will review the Ag. map that Clarence Fosdick has been preparing at 7:00 PM, prior to the next meeting.
Laurie Griffen asked for the case history and cross reference sheet of each case coming before the Board to be in their monthly packets.
The next meeting will be held on December 19, 2007.
A motion was made by Laurie Griffen and seconded by Chairman Ian Murray to adjourn the meeting at 10:10 PM. Chairman Ian Murray – aye, Robert Park – aye, Patrick Hanehan – aye, Laurie Griffen – aye, Robert McConnell – aye, Ralph Pascucci – aye, Jennifer Koval – aye. Carried 7 - 0.
Linda A. McCabe