TOWN OF SARATOGA
MINUTES - DRAFT
October 24, 2007 - 7:30 PM
Chairman Ian Murray called the meeting to order at 7:30 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. Due to the absence of Paul Griffen, Chairman Ian Murray elevated Alternate member Jennifer Koval to full voting status.
Approval of Minutes: All board members present had read the minutes of the September 26, 2007 meeting. A motion was made by Robert Park and seconded by Patrick Hanehan to accept the minutes of September 26, 2007 as written. Chairman Ian Murray – aye, Robert Park – aye, Patrick Hanehan – aye, Laurie Griffen – abstained, Robert McConnell – aye, Jennifer Koval – aye and Ralph Pascucci - aye. Carried 6 - 0.
Order of Business:
Special Use Permit
Michael J. Galvin, DVM
335 Rushmore Ave.
Mamaroneck, NY 10543
S/B/L 156.-1-2.11 Rural Residential
Returning Applicant proposes to build a horse surgical hospital and rehabilitation stable on this 13+/- acre parcel, located at 941 Rt. 29, Saratoga, NY. This project will require the construction of three buildings including the main building, referred to as the horse surgical hospital that will be up to 3500 SQ. FT.; additional horse stalls will be located in the second building that will be up to 1200 SQ. FT.; and the third will be a hay and storage barn, which will be up to 750 SQ. FT. Future expansion of this project may include adding onto the horse hospital facilities and development of a single-family house at the north end of the paddock area. Public Hearing
Mike Toohey and Mike Ingersol appeared before the Board discussing the modifications made to this plan. They have removed the house altogether, and will instead, have an attached employee apartment for the overnight care givers. Mike Ingersol showed where the buildings, road and driveway will be located on the map. He showed an overlay where the wetlands are located. The DEC wetland delineation extends across Rt. 29 to Fish Creek. Mr. Ingersol stated they have a 100’ buffer from those areas and an additional 50’ setback from all other wetlands as required by the Town. If they were to expand, it would be in a north/south direction; north with the hospital, southerly with the barn and stables. They have moved the parking from the south side and put it to the northwest side, away from the neighbors. Building height will be approximately 30’, no second story. Perc rates and test pits have been conducted and drainage is within standards. Hours will be 6:30 AM – 7:00 PM. On the site plan the Board was concerned with lighting; they are going to have it on a trigger mechanism, more of a motion detection residential lighting. They have conducted an archeological investigation and are awaiting that report. On the question of manure storage, it will be removed every other day or daily, depending on service or activity; they have an area for a holding container. Lastly, they have had some correspondence with DOT and DOT has indicated they will give them a curb cut permit, and they probably will need to do some tree clearing. Board member Ralph Pascucci expressed concerns on how they will handle run-off from cleaning the horse stalls etc. He also wanted to know how they plan to keep control of manure waste. Mr. Ingersol reiterated their plan for manure removal. He then explained how they are working with their architect and engineer on a containment structure/holding tank for the run-off from cleaning the stalls. Mr. Ingersol also stated no remains of any animal that dies on site will be kept on premise; they will be removed by a contracted company. Laurie Griffen asked if this will be a year round business and Dr. Galvin said yes, our busiest times will be during breeding season and July – August. Ralph Pascucci stated he doesn’t feel they can be that liberal with their hours and thinks they should be changed. Dr. Galvin explained they do a lot of ambulatory/field work and can only see emergencies coming in at the early hours of the morning. Mike Ingersol added if horses are working out in the early morning, emergencies can occur, so the need is there for these hours.
Proof of Notice having been furnished by newspaper on October 12, 2007, Chairman Ian Murray opened the Public Hearing at 7:47pm.
James Grotto, Rt. 29 directly across from this parcel, said he really has no problem with this. His only concern is with the culvert drainage coming within 90’ of his well. The runoff runs year round and runs right across the road to his property daily and he’s concerned with the water quality. He is also concerned with the traffic on Rt. 29 and Chairman Ian Murray told him this will be dealt with during the site plan review.
Ellen, Northumberland neighbor on the north side of this parcel, expressed her concerns of disease passing onto her property and horses from wild animals crossing the property onto her property.
Denise Murphy, Rt. 29, next door neighbor to this parcel, spoke about the creek going through her property and asked if they were building above where her gazebo is located or in the valley area of the property. Mike Ingersol told her they will be building in the center of the valley area after filling it in. Denise Murphy explained how that becomes a raging river in the spring time and fills her pond and her creek. Mike Ingersol explained they cannot impede drainage flow and cannot add to it, so he doesn’t think she will see any change in it. Denise Murphy would really like it if they would get DOT to put a sign up stating Horse Trailer Turning or something like that. She is looking forward to seeing horses in the yard. She doesn’t want to see their manure dumpster and suggests they put in some spruce trees or some kind of evergreen to block the view from her property.
Gil Albert, 926 Rt. 29, brought up his concerns about drainage.
Chairman Ian Murray Chairman read the letter from the Saratoga County Planning Board indicating approval with the need for the Applicant to contact NYS DOT regarding access onto Rt. 29. The Applicant should provide the Town with the engineered drawings indicating adequate separation distances from the well and septic systems, and certify that the proposed septic system will be adequate for the proposed use. The Town may want clarification of how manure from the barns will be stored and how often it will be removed from the site.
Chairman Ian Murray closed the Public Hearing at 8:15 PM.
Laurie Griffen read the short form SEQR line by line. Chairman Ian Murray made a motion, seconded by Patrick Hanehan to declare the SEQR complete and a Negative Declaration was made. Chairman Ian Murray-aye, Robert Park–aye, Patrick Hanehan–aye, Laurie Griffen–aye, Robert McConnell–aye, Jennifer Koval–aye and Ralph Pascucci -aye. Carried 7 - 0.
Ralph Pascucci made a motion, seconded by Robert Park, to approve the Special Use Permit for the horse surgical hospital, with the condition the Applicant returns for site review with further discussion on building sizes, archeological, hours of operation and drainage. Chairman Ian Murray-aye, Robert Park–aye, Patrick Hanehan–aye, Laurie Griffen–aye, Robert McConnell–aye, Jennifer Koval–aye and Ralph Pascucci -aye. Carried 7 - 0.
Willard F. Chamberlain Trust
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 37.447 acres will remain open space. Public Hearing
Peter David, of the LA Group, appeared before the Board for Chamberlain Trust’s subdivision, Schuyler Hills. Mr. David stated that this is a 28 lot subdivision on 89 acres, and now 52 acres will remain open space. He stated they received preliminary approval in Dec. ’05, and then were in front of the board again in March ’07. Since then they have been waiting on SHIPO to sign off on the proposed no-cut areas. There were some areas that were archeologically sensitive, so they have moved the road to avoid those areas. They developed a deed restriction map, which SHIPO has accepted, at which point the Historic Preservation signed off. The Historic Preservation was in correspondence with Army Corp. and the Applicant has received a letter stating Army Corp. is fine with this project and allowing Applicant to proceed. Mr. David showed a deed restriction map, stating that every landowner in the development will receive one. It shows areas that cannot be disturbed, no-cut areas and also culturally sensitive areas. They also have a limited clearing-line shown and intend to honor those limits. These changes have increased the open-space area from 37+/- acres to 52 acres. Mr. David also stated they addressed outstanding concerns of slopes, stormwater, guardrails etc. with Town Engineer, Ken Martin, in March ’07 and will continue with this process prior to approval. Now that they have SHIPO approval they are seeking a Negative Declaration and will be getting the drawings to DOH and moving forward.
Chairman Ian Murray stated the Planning Board made a procedural error in this case and must rescind original preliminary approval, complete a Negative Declaration on SEQR and then grant preliminary approval again.
Chairman Ian Murray made a motion, seconded by Patrick Hanehan, to rescind the preliminary approval for the Willard F. Chamberlain Trust subdivision. Chairman Ian Murray-aye, Robert Park–aye, Patrick Hanehan–aye, Laurie Griffen–aye, Robert McConnell–aye, Jennifer Koval–aye and Ralph Pascucci -aye. Carried 7 - 0.
Chairman Ian Murray stated the Board, on Oct. 10, 2007, had a special workshop for the SEQR review. He explained how the Board fulfilled their obligation with two public hearings on this project, and will now do one more public hearing before completing SEQR.
Chairman Ian Murray opened the Public Hearing on this major subdivision at 8:29 pm.
Clarence Fosdick asked what measures will be used to protect the culturally sensitive areas. Chairman Ian Murray told him it is all Home Owner Association land, deeded to the Home Owners Association and it is their obligation to police it.
No other interested parties came forward to speak; Chairman Ian Murray closed the Public Hearing at 8:30 PM.
Chairman Ian Murray stated the Board reviewed Part I and Part II of the long form SEQR, no Part III was needed, on October 10, 2007. Chairman Ian Murray made a motion, seconded by Patrick Hanehan, to declare SEQR complete and declare a Negative Declaration. Chairman Ian Murray-aye, Robert Park–aye, Patrick Hanehan–aye, Laurie Griffen–aye, Robert McConnell–aye, Jennifer Koval–aye and Ralph Pascucci -aye.
Carried 7 - 0.
Chairman Ian Murray made a motion, seconded by Robert Park, to grant preliminary approval. Chairman Ian Murray-aye, Robert Park–aye, Patrick Hanehan–aye, Laurie Griffen–aye, Robert McConnell–aye, Jennifer Koval–aye and Ralph Pascucci -aye.
Carried 7 - 0. Returning
Sketch Plan Conference
57 Trombley Rd.
Stillwater, NY 12170
S/B/L 193-1-23.11 Rural District 2
Applicant is proposing to subdivide a 5+/- acre parcel from his 56.80 acres for a single family dwelling.
Robert Park recused himself from the Board and moved to Applicant status. He presented the Board with photos of his 4.5-5 acre parcel and told the Board he has not yet had it surveyed. It is a field that has been in crop production and delineated by old fence lines and Trombley Rd., and he has decided to subdivide this parcel to sell. He stated he has a buyer for it and he intends to build a retirement home on this parcel. The Applicant has contracted with a surveyor and once they have site location of the house they will come back in. It will most likely be located on top of the hill on the eastern edge where the open space is. The western part of the parcel on Trombley Rd. has a good size of outcropping, with about 250’ of road frontage. The proposal will be to have the house, built by the buyer, ready for occupancy in 2009. Chairman Ian Murray asked if he wanted to keep the frontage at 250’ or go to 300’ for 5 acres. The Applicant replied he’d like to keep it at 250’, because it will be under 5 acres since he doesn’t want to cut into the crop land to make this parcel bigger; it’s working farmland and he wants to keep most of it that way. He’ll probably be back in Dec. once they get the survey and the site plan done. Returning
Michael & Kelly Booth
104 Condon Rd.
Stillwater, NY 12170
S/B/L 193-1-7.2 Rural Residential
Applicant is seeking a lot-line adjustment. Patricia F. Dooley, mother-in-law, is wanting to convey 5+/- acres from her 28 acre parcel, to her son-in-law and daughter’s adjoining 3 acre parcel.
Michael Booth appeared before the Board. He told the Board they have 3 acres not 7.2 as listed on the agenda; that was an error. It will be 8 acres once the 5 acres are conveyed. They currently have a large 5-bedroom house, and their intention is to subdivide and build a small ranch house for retirement in the future. They will be back in 5 or 6 years to subdivide and build the new house. Chairman Ian Murray explained no Board action is required, he just needs to see the updated survey with the new parcel added to it and new deed language. Then he and the Town Engineer, Ken Martin, will stamp and sign the map and the Applicant will file it with the county.
Reviewing Renewable Special Use Permits
Kimberly Wilbur & Donald Neubauer
57 Pryn Hill Rd.
Mechanicville, NY 12188
Special Use Permit to operate a marina on their property at 882 Rt. 4 South, Schuylerville, NY. It was determined that there will be room for 16 boats, so 24 parking spaces would be made available, based on a need for approximately 11/2 parking spaces per boat. No restriction on hours of operation will be necessary. There will be no more than 16 trailers on site at any given time, no more than 16 boats stored at any given time, and no more than 16 boats stored over the winter.
After a short discussion among the Board members and the Zoning Officer, it was decided to grant another one-year renewal of this Special Use Permit.
Laurie Griffen made a motion, seconded by Ralph Pascucci, to grant a One Year Renewable Special Use Permit, October 24, 2007 – October 24, 2008. Chairman Ian Murray-aye, Robert Park–aye, Patrick Hanehan–aye, Laurie Griffen–aye, Robert McConnell–aye, Jennifer Koval–aye and Ralph Pascucci -aye. Carried 7 - 0.
Jeffrey & Deborah Dooley
111 Condon Rd.
Stillwater, NY 12170
Special Use Permit to operate a home industry on their property for a boat storage facility on their 4.6+/- acre lot.
After a short discussion among the Board members and the Zoning Officer, it was decided to make this a permanent Special Use Permit.
Patrick Hanehan made a motion, seconded by Laurie Griffen, to approve and make this a Permanent Special Use Permit. Chairman Ian Murray-aye, Robert Park–aye, Patrick Hanehan–aye, Laurie Griffen–aye, Robert McConnell–aye, Jennifer Koval–aye and Ralph Pascucci -aye. Carried 7 - 0.
Old Business: Penelope Benson-Wright expressed her concerns with the water on Southard Rd.
Robert McConnell questioned the status of the Saratoga Farms subdivision. Chairman Ian Murray said he spoke with Walt Taras and they will be returning in November.
New Business: Clarence Fosdick would like the Board to identify agricultural parcels that he may have missed, so he can be sure they are placed on his map.
Chairman Ian Murray stated we will have the returning of a couple major subdivisions at the next meeting; Schuyler Hills and Saratoga Farms, but we’ll see what we can do in regards to looking at Clarence’s map.
Laurie Griffen shared the park committee status; the Town hired CT Male for a Phase I and Phase II study. They are hoping to have a report from CT Male soon and so far all looks good. She would like to see a sign put up stating “Home of Future Park” or something to that effect.
The next meeting will be held on November 28, 2007
A motion was made by Patrick Hanehan, seconded by Laurie Griffen to adjourn the meeting at 9:07 PM. Chairman Ian Murray-aye, Robert Park–aye, Patrick Hanehan–aye, Laurie Griffen–aye, Robert McConnell–aye, Jennifer Koval–aye and Ralph Pascucci -aye. Carried 7 - 0.
Linda A. McCabe
Planning Board Clerk