�
TOWN OF SARATOGA
PLANNING BOARD
MINUTES -
DRAFT
October 26,
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 �
absent, Albert Baker � present, Paul Griffen � present, Robert Park � present,
Laurie Griffen � present, and alternate Patrick Hanehan � present.�
Approval
of Minutes: All board members present had read the minutes of the September 28,
2005 meeting. �Planning Clerk Catherine Cicero pointed out errors on page 1,
including the date of the meeting.� A motion was made by Robert Park to accept
the minutes of September 28, 2005 as corrected, and Laurie Griffin seconded it.
Chairman Ian Murray � aye, Susan Cummings � aye, Paul Griffen � aye, Laurie
Griffen � aye, Albert Baker � aye, Robert Park � aye. Carried 6� 0.
Order of Business:
Subdivision
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
Sam Palazzole, Dan Barber,
and Paul Tommel appeared before the Board on behalf of the applicant regarding
a conventional subdivision of 38 +/- acres consisting of 12 building lots on a
new road off of Burgoyne Road.
Sam Palazzole updated the
Board on progress since the last meeting, addressing each of the concerns
raised by the Board at the last meeting.�
That information is included in the permanent file in this
application.�
Mr. Tommell provided photos
of the area on Lot 9, which includes an easement owned by Frank Naret.� The future purchaser of Lot 9 will be
notified of the existence of the easement.�
Mr. Tommell explained how the developers will address the presence of
the easement on the property.� Mr.
Tommell also reported that he had spoken with Town Engineer Kenneth Martin
regarding some concerns about the long form EAF.� Some corrections have been made to that document, which is in the
permanent file in this application.� Finally,
he reported that no comments have been received from DOH.
Chairman Ian Murray stated
that the documents regarding Mr. Naret�s easement have been reviewed by Town
Attorney William Reynolds, and are included in the permanent file in this
application.
Town Attorney William
Reynold�s asked to review the prepared deed for Lot 9.
Chairman Ian Murray stated
that if all information is received from the agencies involved in the SEQR
review, it might be possible to hold a second public hearing on this
application at the November meeting. RETURNING
Saratoga Farms, Inc., Applicant�������������������������������
173 Co. Rd. 69
Schuylerville, NY�
12871������������������������������������������
S/B/L 182.-2-15.11 Rural
Returning Applicant,
regarding land formerly referred to as the property of Walter Taras, proposes
to begin Phase II of a planned development:�
a 36 unit subdivision of single family homes on 121.82+/- acres. Gavin
Vuillaume, of Environmental Design Partnership, LLP, addressed the Board,
giving an overview of the proposed project.�
He included landscaping and lighting plans, stating that the subdivision
would have close to 200 new evergreen and deciduous trees on it when
finished.� Currently, most of the land
consists of open fields.� He said that
engineering would be done over the winter to make sure there was sufficient
water for the subdivision.
Chairman Ian Murray asked
whether the Applicant had addressed concerns raised by the DEC in a letter
dated October 11, 2005.� Mr. Vuillaume
replied that the concerns had been addressed and that the DEC will revisit the
site.� He added that the DEC will
probably ask for a Phase I archaeological study, and that the Army Corps of
Engineers may take a look at the wetlands on the property.
The Applicant has not yet
contacted Niagara Mohawk Power Corporation regarding the power lines on the
property.
Chairman Ian Murray raised
questions concerning the landscaping, particularly concerning the outside
buffer. There was a short discussion about the identification of existing trees
and future plantings. Mr. Vuillaume stated that his concerns would be addressed
in the planting plan.
Chairman Ian Murray asked for
lot data, including dimensions and drainage data.� James Vianna responded that the Applicant is still working on the
design plans.� He added that the
Stormwater Pollution Prevention Plan (SWPPP) has not been prepared yet, but
will be done after the grading plan.�
The proposed road plans will then be presented.
In answer to a question from
Chairman Ian Murray, Mr. Vuillaume explained that the roads would be phased in
during construction of the development.�
There will be a Phase II road plan.
Mr. Vuillaume also stated
that the existing barns will be removed fairly soon; probably by the end of the
year.� The second house on the property
will also be removed.
Chairman Ian Murray asked for
erosion control details for the present and for the future.� He pointed out that, on Sheet 6 of the road
profile, the Applicant needs to reflect 60� of right-of-way.� Currently, the plans show 54� on the map.
Chairman Ian Murray directed
the Applicant to perform a traffic study reflecting existing and future traffic
patterns. �
Chairman Ian Murray also
directed the Applicant to review the neighbor notification list because one of
the neighbors had stated they did not receive notification.
Laurie Griffen had questions
regarding the existing pond.� Mr.
Vuillaume responded that the pond will remain, but the adjacent manure pile
will be removed.
Ms. Griffen also asked
whether the Applicant had plans to contour the property at all since it is
mainly open space.� She asked if
something could be done in the back, such as raising the grade for
privacy.� Mr. Vuillaume stated that the
berm would help, and that there had been some discussion regarding contouring,
but nothing had been decided.
Robert Park noted that all
the homes showed a garage in the front.�
Mr. Vuillaume explained that the illustration was generic, and that some
may eventually have side-loaded garages.
Chairman Ian Murray then read
comments from Town Engineer Kenneth Martin.�
It was noted that the Planning Board has been granted lead agency
status.� He wanted to know when the deep
hole and perc tests would be performed.�
Mr. Vuillaume responded that they would be done before winter.� Town Engineer Kenneth Martin also requested
an erosion control plan and directed the Applciant to include the agricultural
data statement on all plans.� In
addition, Town Engineer Kenneth Martin noted the error on the road section,
pointed out that DOH has new water regulations, and directed the Applicant to
provide a SWPPP and to provide cluster lot calculations.
Chairman Ian Murray stated
that the large lot needs to have deed restriction language.
Susan Cummings clarified that
the two houses on Hanehan Road also need deed restrictions to prevent further
development.� Mr. Vuillaume stated that
the language for those deeds would be provided.
Proof of notice having been provided, Chairman Ian
Murray opened the Public Hearing at 8:03 p.m., asking that anyone having
comments provide their name, address, and state whether they were for or
against the proposal.� He also requested
that all comments be limited to three minutes, at least for the first round, so
everyone would have an opportunity to speak.�
Michele McClure, 178 Co. Rd. 69�against.� Ms.
Mclure stated that she had not received neighbor notification.� She stated that she had concerns with traffic,
the removal of soil on the property, and other alterations to the land before
approval had been granted, and the possible existence of PCBs on the site.
Andrew Sheeran, 178 Co. Rd. 69�against.� Mr.
Sheeran stated that the development would interfere with his farm
operation.� In response to a question
from Laurie Griffen, Mr. Sheeran stated that he had received a neighbor
notification.
Suzanne Sullivan, Hathaway Rd.�against.� She
raised concerns regarding traffic, rights of existing residents, and the impact
on the school district.
Clarence Fosdick, 329 Burgoyne Rd.�against.� Mr.
Fosdick stated that each deed should contain right to farm language.� He stated that the proposal does not conform
to what Townspeople answered on the questionnaire for the Town Master
Plan.� He raised concerns about what the
Town would look like in 20 years based on the current rate of development.
Marilyn Zaborek, 387 Burgoyne Rd.�against.� Ms.
Zaborek submitted a letter of concern, dated November 29, 2001, which has been made
part of the permanent file in this application.� She also raised concerns regarding the affected wetlands on the
property.
David DeHeer, 121 Minnie Bennett Rd.�against.� Mr. DeHeer
raised issues on the availability of water for the development and the affect
of the combined septic systems on the surrounding environment.
Vance Albertson, 106 Hanehan Rd.�against.� Mr.
Albertson raised questions regarding the use of the 5 acre parcel on Hanehan
Rd, which were answered by James Vianna.�
He also stated that he found nothing attractive in the design of the
proposed development.
James Jennings, 101 Minnie Bennett Rd.�against.� Mr. Jennings
raised the issue of fire protection for the development and said that the plans
do not include fire ponds.� He added
that the development would put a strain on the volunteer fire department for
fire protection coverage.
All those wishing to speak having done so, the Public
Hearing was closed at 8:31 p.m.
There were no further
questions from the Board.� RETURNING
David Clark, Applicant��������������������������������������������� Carol
LaRouech, Owner
Prudential Manor Homes����������������������������������������� 670
Co. Rt 70
376 Broadway����������������������������������������������������������� Stillwater,
NY� 12170
Saratoga Springs, NY�
12866
S/B/L 207-1-31.111 Rural
Returning Applicant proposes
to subdivide the 6.54+/- parcel into two lots:�
Lot 1 approximately 2.8+/- acres with 200� of frontage, and Lot 2
approximately 3.65+/- acres with 263� of frontage.� Paul Tommell addressed the Board on behalf of the Applicant,
presenting a revised map that included a change in driveway placement made by
the County DPW.� Chairman Ian Murray
directed Mr. Tommell to send a copy of the plan along with the septic design to
Town Engineer Kenneth Martin.
Proof of notice having been provided, Chairman Ian
Murray opened the Public Hearing at 8:36 p.m., asking that anyone having
comments provide their name, address, and state whether they were for or
against the proposal.�
Laurie Begier, 688 County Rd 70�neither for nor
against.� Ms. Begier wanted to know what the new lot would be
used for.� Mr. Tommell explained that
there would be a single family dwelling on the parcel.
Marilyn Zaborek, 387 Burgoyne Rd.�neither for nor
against.� Ms. Zaborek asked whether there were any wetlands
located on the property; the answer was that there were none.
All those wishing to speak having done so, the Public
Hearing was closed at 8:39 p.m.
Chairman Ian Murray read a
letter from the County Planning Board stating that it approved the proposed
subdivision subject to the granting of a driveway permit from the County.
Paul Griffen then read the
short form EAF, which was completed by the Board.� Laurie Griffen made a motion, seconded by Susan Cummings, to
determine that the short form EAF was complete and declare a negative
declaration. Chairman
Ian Murray � aye, Susan Cummings � aye, Paul Griffen � aye, Laurie Griffen �
aye, Albert Baker � aye, Robert Park � aye. Carried 6� 0.
Chairman
Ian Murray asked if there were any further questions regarding the
application.� There were none.� Chairman Ian Murray made a motion to accept
the documents as presented and approve the subdivision, with the condition that
the subdivision would be subject to review by Town Engineer Kenneth
Martin.� The motion was seconded by
Susan Cummings.� Chairman Ian Murray �
aye, Susan Cummings � aye, Paul Griffen � aye, Laurie Griffen � aye, Albert
Baker � aye, Robert Park � aye. Carried
6� 0. GRANTED SUBJECT TO REVIEW BY
TOWN ENGINEER KENNETH MARTIN
�
Willard F. Chamberlin Trust, Applicant
143 Circular Street
Saratoga Springs, NY�
12866
S/B/L 155.-1-46.11,-46.2, and 46.3 Rural Residential
Returning Applicant proposes
a 32-lot conservation subdivision on 89.7 +/- acres on the north side of Route
29, across from Bryant�s Bridge Road.�
The subdivision, titled Schuyler Hills, will include 46.39 +/- acres of
open space. David Carr, of the LA Group, addressed the Board on behalf of the
Applicant. Mr. Carr reported on updates since the last meeting, submitting a
density calculation, and addressing concerns that were raised during the
walk-through of the site, conducted in the week following the October
meeting.� Those concerns included
placement of a house on the knoll, situated on a steep slope, and the existing
mobile home site on Rt 29, which will be replaced by a house.� Mr. Carr presented landscaping plans to
mitigate the view of the houses from Route 29.�
He stated that the proposed road grade is 7%, pursuant to Town code.
Chairman Ian Murray asked if
the new Town road standards would have an impact on the subdivision roads.� Mr. Carr responded that there would be no
problem, even for stormwater.� There
will be no severe grading on the Town right-of-way.
Mr. Carr stated that the lot
calculations have been adjusted and a revised plat is being made.� The wetlands have been flagged and the
information will be sent to the Army Corps of Engineers.
Mr. Carr added that maps have
been sent to DOH, but the Applicant does not want to do any engineering work
that would disturb the property until preliminary approval is granted.� The archaeologist has been designated for
the Phase I archaeological study.
Chairman Ian Murray stated
that a public hearing for the preliminary approval is possible for the November
meeting.� The Applicant was directed to
provide new maps.
Susan Cummings questioned Mr.
Carr regarding the placement of buffers on the west and the north sides of the
property.� The buffers had been changed
after suggestions were made by the Board after the initial walk-through of the
property last year.
Paul Griffen asked if the
Army Corps of Engineers would be able to provide a response by the November
meeting.� Mr. Carr responded that that
would probably not happen due to the Corps� involvement in the rebuilding
following the hurricane damage in the south.
Virginia Knapp, Applicant
379 Co. Rt. 68
Saratoga Springs, NY�
12866
S/B/L 168-2-74 Rural
Applicant proposes to
subdivide a 2 acre lot from her 5.4 acre parcel for a single family
dwelling.� Dan Wheeler represented the
Applicant, stating that Mrs. Knapp has a potential buyer for the subdivision at
this time.� Chairman Ian Murray directed
him to return next month with a survey of the property, the soil engineering,
deep hole, and perc tests.� He asked
that the results of the tests be put on the map, and that the Applicant include
the agricultural statement.� He also
asked Mr. Wheeler to locate the well and septic on lot 2.� Finally, Chairman Ian Murray asked that site
distances for the driveway be placed on the map, as well as the site distance
of the current driveway.
It was established that the
Applicant has sufficient road frontage for both lots.
Paul Griffen raised concerns
about the location of the driveway.�
Chairman Ian Murray stated
that a public hearing would be scheduled for the next meeting.� Mr. Wheeler stated that the SEQR will be
completed by then and that he will take care of neighbor notification.� RETURNING
Michael Giannettino, Applicant
921 Rt 4 South
Schuylerville, NY�
12871
S/B/L 183-1-56.12 Rural
Applicant proposes to
subdivide his 5.94+/- acre property into 3 parcels for single family homes. Mr.
Giannettino addressed the board, pointing out that he had sufficient road
frontage to make the subdivision, and described the topography of the property,
including the placement of the current house and leach field.� Although there are some steep grades, Mr.
Giannettino stated that they can be graded for building.
Chairman Ian Murray directed
Mr. Giannettino to perform a complete survey, soil engineering tests, including
a deep hole and perc tests, and to include the agricultural statement on the
map.� He will also complete the short
form SEQR and provide neighbor notification.�
A public hearing will be scheduled for the November meeting.� RETURNING
Saratoga Farms, LLC, Applicant
Suite 200-2875
South Ocean Blvd.
Palm Beach, FL�
33480
S/B/L 156-3-32 Rural
Applicant proposes a 7 lot
subdivision on 96.5+/- acres at 125 Burgoyne Rd.� The average lot is proposed to be 14 acres, with a deed
restricted horse trail system.� David
Carr, of the LA Group, addressed the Board on behalf of the Applicant, explaining
the preliminary map of the proposed subdivision.� Mr. Carr explained that the intent is to keep the agricultural
fields and the wetlands on the property intact.� The only change on Burgoyne road will be the presence of
driveways, and the possible view of barns; no houses.� The possible exception to this might be Lot 1 because it isn�t
known yet where the wetlands are located on the piece. A biologist has been
hired to flag and map the existing wetlands.�
The lots would have deed restriction language to prevent further
development.
The plans include the
creation of a flag lot.� Mr. Carr
explained that there is sufficient road frontage to avoid a flag lot, but that
would result in Lot 6 �looking funny.��
All other lots have sufficient road frontage.
He stated that the average
lot would be 14 acres in size and that the idea is to maintain the agricultural
character of the parcel.� A Home Owners
Association would be established to maintain the horse trails. The trails can
be used for cross-country skiing in the winter.
There is an existing house
and barn, as well as a bridge, on the property.� An intermittent water course flows under the bridge.�
Chairman Ian Murray asked Mr.
Carr if he was aware of the Town driveway standards.� Mr. Carr responded that all driveways would have the proper sight
distances.
Paul Griffen commented that
this was a real opportunity for the Town to have what it wants:� a rural view with nothing impacted.� He jokingly cautioned Mr. Carr not to return
�with some different wild idea.�
Chairman Ian Murray read a
question from Town Engineer Kenneth Martin:�
Is Lot 7 landlocked?� The answer
was no; there is plenty of room to create a driveway for a flag lot.� There is an existing cemetery near the lot,
which is maintained.� He said there was
a slope on the back of the cemetery, and there is a loop road in the cemetery.
Mr. Carr added that the
outside boundaries have been surveyed, but the inside boundaries still have to
be surveyed.
Chairman Ian Murray stated
that proposed Lot 7 meets the definition of a flag lot.�
Mr. Carr said that the
intention is to return with a preliminary submission.� They would proceed with the engineering work, and the deep hole
and perc tests.
Paul Griffen asked for deed
restriction language limiting the lots to one residence and one barn, with no
further subdivision allowed. Mr. Carr added that the residences would have to
be located behind the agricultural sections of the lots.� RETURNING
Special Use Permit
General Schuyler
Emergency Squad, Inc.
P.O. Box 111 Ferry
St.
Schuylerville,
NY� 12871
SW/B/L 155-1-74
Rural Residential
Returning Applicant is seeking a special use permit to construct a professional office building; the new home of General Schuyler Emergency Squad.� Applicant has completed the short form SEQR, the County has approved the project, and neighboring farm operations have been notified of the project.
Chairman Ian Murray recused himself from the discussion of this application, stating that he was �united� with the project, and excused himself from the Board panel to sit in the audience.� Vice-chair Susan Cummings led the proceedings.�
James Vianna gave a history of the application to date, stating that a pre-submission conference was held in this matter in October of last year.� A public hearing was held in June 2005.� Mr. Vianna stated that good comments were obtained as a result of that meeting, which resulted in a change in the building design, and the change from two entrances to one. Frank Yakubec, of FJY Archectecture is the architect for the project. Dave Myers, the engineer, then changed the site plan, the stormwater management plan, and other related plans.�
Mr. Vianna explained the current site plan.� The neighbor to the west had asked for screening for his bees and pumpkins to make sure that they weren�t affected by the new building.� As a result, fencing, with vines, was included in the landscaping plans.� The fencing was necessary because large screening, such as trees or shrubs, was not possible due to the existence of a grass swale in that spot.� Although the 3-dimensional renderings of the lot show a full build-out of the parking lots, Mr. Vianna stated that there is no intention to build that many parking spaces.� He said that the full build-out was necessary in order to do the stormwater management calculations.�
Mr. Vianna added that all lighting will be on the inside of the lot.� There is an allowance for one sign, perpendicular to the road, which will be illuminated from under an eave or by ground lights shining at the sign.� The sign will not be lit from within.� He said that the neighbors will be consulted for screening of the lighting.
Paul Griffen stated that the Board can check on the lighting as the building is constructed.� He confirmed that the site will not have an antenna or helicopter pad.�
DOT will not issue any curb-cut permits until approval of the project is received from the Planning Board.�
Vice-chair Susan Cummings read comments from Town Engineer Kenneth Martin, which included a directive for a forebay in the wet pond, a 2� separation bottom of infiltrator to ground water, and an archaeological study.� He also raised concerns with light spilling off the site, especially on the east side, and noted that the SWPPP will have a 60 day review.�
Mr. Myers said that he will work with Town Engineer Kenneth Martin to deal with his concerns.
Mr. Vianna submitted the Phase I archaeological report to Planning Clerk Catherine Cicero, which he said that he had just received that day.
Although Mr. Vianna said that the squad is anxious to
begin construction of the project in the spring, it was determined that
approval would be postponed until the November meeting in order for all
documentation to be submitted and to allow time for Town Engineer Kenneth
Martin to� review the proposal.� RETURNING
[At this time, Chairman Ian Murray rejoined the Board.]
Pember Dupras,
Applicant��������������������������� Michael
& Shawna Bannon, Owners
175 Louden Road������������������������������������������ 366
Puritan Road
Saratoga Springs,
NY� 12866����������������������� Gansevoort, NY� 12831
S/B/L
156-1-38.32� Rural Residential
Returning Applicant is seeking a special use permit to
move his business, Rain or Shine Tent Co., Inc., to a new location on property
located 600� west of Beaver Street on the south side of Rt 29 because he has
outgrown the existing location at 1061 Rt 29 in Grangerville. The proposed
parcel consists of 5.44+/-acres. Finalization of the SEQR process is still
outstanding.� There was no new
information presented on this application.�
TABLED
Michael Pinkowski,
Applicant
2456 Fix Road
Grand Island
Erie, NY� 14072
S/B/L 154-1-4.1
& 4.2 Rural Residential
Applicant is seeking a special use permit for a private kennel facility for Bernese Mountain dogs on property off of Ironwood Dr.� Mr. Pinkowski addressed the Board, explaining the additional information he had provided in response to questions raised at the last meeting, including acoustical information, sound abatement, and size and location of the buildings.
It was established that the kennel will have its own septic system, and all solid waste would be disposed of by contract for removal.� Chairman Ian Murray asked for calculations on the size of the septic, and the areas of property disturbance for construction of the buildings and driveways.�
Mr. Pinkowski responded that the calculations would be done at the construction stage.� He added that there would be indoor runs for inclement weather, and a � acre �play yard� at one side of the building.�
In answer to questions regarding his business, Mr. Pinkowski stated that the dogs have 2-4 litters per year, of between 5 and 24 puppies each.� Of each litter, 2-4 dogs are kept for show.� There is a 2-year waiting list to buy a dog, and clients visit by appointment only.� The projected maximum number of dogs is projected to be approximately 37, with �spikes� occurring after litters occur.� The spikes would last about 2 months, then the puppies are gone. The approximate life span of the dogs is 6-8 years, and the death rate is 3-4 dogs per year.� Mr. Pinkowski stated that he also takes in older dogs whose owners no longer want them. There would be approximately 4 puppies on the premises less than 2 years old.� Although Mr. Pinkowski characterized his business as a hobby, Chairman Ian Murray pointed out that 50 dogs is a �significant operation.�
Mr. Pinkowski said that he has a current New York State Department of Agriculture & Markets (Ag & Markets) license, with an automatic renewal.� He said that they do annual inspections of the kennel premises.
Robert Park asked Mr. Pinkowski to comment on a statement from People and Dogs Society (PADS) regarding Bernese Mountain Dogs:
����������������������������������������������� [T]he Bernese makes an ideal family dog only
����������������������������������������������� wanting to be with its owners and to take part in
����������������������������������������������� every activity.� For this reason they do not make
����������������������������������������������� particularly good kennel dogs, preferring to live
����������������������������������������������� and spend time with their owners living in a
����������������������������������������������� family environment.
Mr. Pinkowski responded that all of the kennel dogs are also house dogs, and the dogs are brought into the house on a rotating basis.� There are usually 6-7 dogs in his house at any given time.�
Robert Park also questioned where the outside dog run would be located.� Mr. Pinkowski stated that it would be located off the kennel building on the east side. He estimated the nearest neighbor on that side of his property to be 1435� away.� A second neighbor, on the diagonal, would be an additional 500� away.� Mr. Pinkowski stated his intention to incorporate the kennel building into a side hill for heating and cooling purposes.
Robert Park noted that Mr. Pinkowski has a similar operation located in western New York.� He asked if the neighbors had ever complained about noise or smell.� Mr. Pinkowski introduced a letter from a neighbor located next to that facility stating that they had no problems with the kennel operation.� That letter has been made a part of the permanent file in this application.�
Paul Griffen commented that the acoustic figures are not pertinent to the frequency of a barking dog.� He said that noise carries and is impossible to stop.� He added that he needs more information on the noise factor, and needed to know that the dogs could be kept quiet before he could approve the application.�
Mr. Pinkowski explained that, while all dogs bark, there are certain times when the dogs are more inclined to bark than others. He said that the breed is characterized as a working dog, and working dogs spend much of their time sleeping.
Laurie Griffen asked whether the dogs were permitted to be outside all day long.� Mr. Pinkowski replied that it depended on the weather conditions. No other breed of dog would be involved.�
Laurie Griffen stated that she had done some research, and discovered that Ag & Markets does not issue kennel licenses, and that they do not inspect on a regular basis unless they receive inquiries about a specific facility. Kennels are exempt from pet licensing laws if they sell less than 25 dogs per year. Kennel licenses, in New York State, are issued by the local authority. The only license issued by the State is a dog license. She also discovered that Mr. Pinkowski�s parents hold a kennel license permitting the breeding of both Bernese Mountain dogs and King Charles spaniels. Mr. Pinkowski clarified here that he would only be breeding Bernese Mountain dogs in the kennel.
Laurie Griffen continued, stating that, based on her research, the kennel would be an issue for Town enforcement. There is no precedent for this type of special use permit in the Town of Saratoga; therefore, the Board is being very cautious in this process.� Although the Applicant has 22 acres of land, this is a residential area. The Board has some serious concerns that need to be addressed before the application can be granted.
There followed a brief discussion concerning Mr. Pinkowski�s facility and licensing in the Town of Royalton.
Proof of notice having been provided, Chairman Ian
Murray opened the Public Hearing at 10:15 p.m., asking that anyone having
comments provide their name, address, and state whether they were for or
against the proposal.�
Jennifer Jenson-Bergen, 21 Ironwood Drive�against.� Ms.
Jenson-Bergen stated that she did not receive notice of the proceeding, and
first learned of the application from a neighbor.� She said she had called the Town of Royalton and learned that the
Applicant has a license for 55 dogs, 53 of which are not spayed.� She said the facility was clearly a
business; not a hobby, and was concerned about noise and smell.� She submitted photos of the residential
nature of the neighborhood.
Elbert Hinkson, 22 Ironwood Drive�against.� Mr.
Hinkson raised similar concerns to that of Ms. Jenson-Bergen.
LeAnn Raga, 50 Ruggles Road�against.� Ms.
Raga raised similar concerns to those already stated..
Carter White, 17 Ironwood Drive�against.� Mr.
White raised similar concerns to those already stated.
Shelley Riley, 24 Ruggles Road�against.� In
addition to raising similar concerns to those already stated, Ms. Riley
questioned whether Mr. Pinkowski had the requisite road frontage to operate a
kennel on the designated property.
Amy Wolin, 30 Ironwood Drive�against.� Mrs.
Wolin did not speak, but submitted a signed petition opposing the facility.
All those wishing to speak having done so, the Public
Hearing was closed at 10:34 p.m.
After reviewing the zoning
regulations, Chairman Ian Murray determined that Mr. Pinkowski had less than
300� of road frontage on the property proposed for the kennel, and that the
application should be denied on those grounds.�
Chairman Ian Murray stated that Mr. Pinkowski could petition the Zoning
Board of Appeals for a variance for the frontage, but the Board would not make
a recommendation in the matter.
Chairman Ian Murray read a
response from the County Planning Board in this matter, which recommended that
the application be denied.
Paul Griffen made a motion to
deny the application and include the negative comments, seconded by Laurie
Griffen.� Chairman Ian Murray � aye, Susan Cummings �
aye, Paul Griffen � aye, Laurie Griffen � aye, Albert Baker � aye, Robert Park
� aye. Carried 6� 0.� DENIED
Michael Giovanone
156 Sparrowbush
Road
Latham, NY� 12110
S/B/L 103-1-2� Lake Commercial
Applicant is seeking a special use permit for a boat storage facility on Route 9P, south of Lee�s Trailer Park.� Attorney Matthew Jones, Jim Miller,Wendy Cimino, and Michael Giovanone� appeared on behalf of the Applicant.� Chairman Ian Murray noted that the application is for 70-80 individual boat storage units.� In the second week of November, the Town Board will deal with the issue of allowing boat storage in the Lake Commercial District.� The SEQR in this matter will not be complete until the November 30 meeting.
Jim Miller reported that the buildings would not infringe on the wetlands themselves, but would be within the 100� wetlands buffer, and that the Applicant is seeking a permit from the DEC.� He reported that the DEC is reluctant to grant the permit until the Town makes a determination on the issue of boat storage.
Mr. Jones reported that the Phase I Archaeological study has been ordered and should be completed by the November 30 meeting.�
Chairman Ian Murray suggested that the project could possibly be phased in, due to traffic and boat launch impacts.
Robert Park stated that the lake was currently as high as it ever gets, and asked if the high lake water was an issue at the site.� Mr. Miller responded that he had been at the site two days before, and although the wetlands were saturated, the building site was dry.
Proof of notice having been provided, Chairman Ian
Murray opened the Public Hearing at 10:47 p.m., asking that anyone having
comments provide their name, address, and state whether they were for or
against the proposal.�
Jeanine Stancanelli, 97 Lake View Lane�against.� Ms.
Stancanelli stated that she was concerned about noise, and especially increased
traffic resulting from the facility, and believed there were a number of
related issues that had not been considered in the application.
Richard Numantte, Jr., 97 Lake View Lane�against.� Mr.
Numantte raised similar concerns to those stated by Ms. Stancanelli.
All those wishing to speak having done so, the Public
Hearing was closed at 11:11 p.m.
Chairman Ian Murray stated that he had received comments from the County Planning Board, which requested further information, but stated that the proposed use was appropriate at that location and compatible with the neighborhood character.� It also stated that the Town Board could amend its zoning regulations to allow boat storage in the Lake Commercial District.
Chairman Ian Murray read from a list of comments from Town Engineer Kenneth Martin, which included questions regarding catchbasins 1-5, the infiltration system, and the water quality volume for pre-treatment.� Mr. Miller said that he would address these concerns.� Town Engineer Kenneth Martin�s comments also stated that a Phase I archaeological study would be needed.
The Board had no further
questions. RETURNING
�
Information
Ronalee Myers
43 Chestnut St.
Schuylerville, NY�
12871
157.62-1-1 & 20.2 Village Extension
Mrs. Myers is seeking
information on how she can develop her property, which is landlocked, near the
Village of Schuylerville.� Mrs. Myers
stated that she would like to put a cottage on the property, but does not have
the necessary road frontage.�� A
discussion followed on the best way for Mrs. Myers to utilize the property.� It was determined that she needed 300� of
road frontage for multiple use, which would allow a second home on combined
property, based on the existing septic system.�
Only 100� of road frontage would be necessary if the public sewer was
used.� Mrs. Myers thought the pitch of
the property might prevent installation of the public sewer, but was advised to
discuss the situation with an engineer.
Chairman Ian Murray stated
that, if she was able to obtain public sewer for the property, she could apply
to the Zoning Board of Appeals for a variance, but the Planning Board could not
help her in that regard.� He then asked
if she knew who owned the adjacent �paper street.�� There followed a discussion on the possible owner, and it was
determined that the Town did not own it, but no one knew who did.
Jeffrey Dooley
111 Condon Rd.
Stillwater, NY�
12170
193.-1-7.3 Rural
Mr. Dooley has questions
regarding the use of part of his property for a boat storage facility.� Mr. Dooley owns a pole barn and would like
to rent it out for seasonal boat storage.�
He is interested in obtaining a special use permit to rent space for
strictly indoor storage.
Chairman Ian Murray stated
that his intentions do not meet the definition of a home industry.� He suggested that Mr. Dooley wait until
after the Town Board addresses the issue of boat storage in the Town, then
re-apply for a special use permit.�
Mr.Dooley stated that he was not in a hurry to obtain the permit, and
stated that he would return to the Board in two months.
Nick Washco
219 Walsh Rd.
Schuylerville, NY�
12871
S/B/L 169-1-77.1 Rural
Mr. Washco is seeking
information on how to develop his property.�
After Mr. Washco presented a map of his property, Chairman Ian Murray
directed him to obtain a subdivision application and follow the steps
outlined.� He also needed to have the
property surveyed and have the engineering tests done, including deep hole and
perc tests.�
Bill Ippoliti
108 Schuyler St.
Schuylerville, NY�
12871
S/B/L 170.39-1-12 & 170.38-1-5 Village Extension
Mr. Ippoliti asked the Board
whether it would be feasible to create a flag lot on property at 133 Schuyler
St., behind his current residence.�
Chairman Ian Murray stated that Mr. Ippoliti�s suggestion meets the physical
criteria of a flag lot, but does not meet the definition of a flag lot.� There followed a discussion of what flag
lots are and their designed uses.�
Chairman Ian Murray stated that Mr. Ippoliti could formally file an
application with the Planning Board, get a denial, then file with the Zoning
Board of Appeals for a variance.
Old Business:� Paul Griffin stated that the Zoning Amendment
Advisory Committee (ZAAC) was aiming for a deadline of December 1 to compile
all the related comments and information.�
All Board members:� Town Board,
Planning Board, and Zoning Board of Appeals would meet for a presentation of
the proposed changes.� Mr. Griffin
requested that all comments be sent to him by November 24.� He stated that there would be two public
meetings; one would be informal.� After
the second meeting, the information would be handed off to Town Attorney
William Reynolds to determine what language is needed.
New Business: Planning Clerk Catherine Cicero reported that collection of all park fees
on new lots granted in 2005 is current, with the exception of the Southard Road
Subdivision, which has not been finalized due to litigation, and Jim
DeGregory.� She also reported that the
one-year renewable special use permits granted in 2004 were:� Barney Drumm (June 2004), Gary and Sue
Barbolt (November 2004), James and Elena Grotto (November 2004), and Denise and
Jim Murphy (December 2004).�
Technically, Town Zoning Officer Robert Hathaway is responsible for
making sure that the permits are in compliance. The Board will determine what
needs to be done regarding these permit renewals.
Chairman Ian
Murray reminded the Planning Board members that the County would be holding a
full day of training in January, 2006.
The next meeting is scheduled for November 30, 2005 at 7:30 p.m.
�
A motion to adjourn was made at 12:25 a.m. by Susan Cummings and seconded by
Laurie Griffen. Chairman Ian Murray � aye, Susan Cummings � aye, Paul Griffen �
aye, Laurie Griffen � aye, Albert Baker � aye, Robert Park � aye. Carried 6� 0.
Respectfully
submitted,
Catherine
E. Cicero
Clerk