TOWN OF SARATOGA

�

TOWN OF SARATOGA

PLANNING BOARD

MINUTES - DRAFT

September 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 � absent, Ralph Pascucci � present, Albert Baker � present, Paul Griffen � present, Robert Park � present, Laurie Griffen � absent (Laurie Griffen arrived at 8:52 p.m.), and alternate Patrick Hanehan � present.�

Also attending: Town Engineer Kenneth Martin, Town Supervisor Tom Wood, and many interested members of the public (Sign-In Sheet on file in the Minute Book).��

Approval of Minutes: All board members present had read the minutes of the August 24, 2005 meeting. A motion was made by Paul Griffen to accept the minutes of August 24, 2005 as written, and Robert Park seconded it. Chairman Ian Murray � aye, Ralph Pascucci � aye, Paul Griffen � aye, Albert Baker � aye, Robert Park � aye. Carried 5� 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 went through the items listed on a summary sheet containing updates on the proposal since the last meeting. (The document is part of the permanent file of this application.)

Chairman Ian Murray asked that the separation distances between the well and the septic be checked on� lot #12.� He also requested a copy of the deed to Frank Narat�s property.� Mr. Palazzole said he would provide a copy of the deed, the title search, and the actual easements.� The plans will be amended to reflect the easement.� In answer to a question from Chairman Ian Murray regarding the Gregoire property, Mr. Palazzole stated that there was no issue with that property.

There followed a brief discussion on the underdrainage for the roads in the development, and whether they should be designated �typical.�� It was determined that the roads would be built according to the submitted detail.

Chairman Ian Murray stated that the soil retainage for the northeast access road had yet to be dealt with.� Mr. Palazzole responded that the bank would be armor-coated.� He added that there is 60� to work with; there will be 20� of road and 2� of wing, leaving approximately 28� on either side.� Paul Tommel spoke briefly about the proposed road structure. Town Engineer Kenneth Martin said that he would like to speak with Town Highway Superintendent Grant Seymour to see whether the road should be moved more to the east side to provide space for snow during snow removal.

Chairman Ian Murray requested a detail for erosion control.� He also requested that the Applicant measure and report wetland setbacks for lots 1, 11, and 12.�

Chairman Ian Murray requested that the Applicant to amend its long form SEQR to reflect a maximum height of 30�, pursuant to recently enacted Local Law #6.

Ralph Pascucci had questions regarding the piece of property along Fish Creek, wondering whether it belonged with the development property or with Mr.Grassi�s retained parcel.� Mr. Tommel questioned whether Mr. Grassi should deed the parcel to himself.

Robert Park had a question regarding the EAF responses with regard to the nearby stream and wetland areas.� Mr. Palazzole said that the EAF would be corrected.

There were no more questions concerning the Application.

Chairman Ian Murray stated that by next month there would probably be the DEC and DOH responses to the proposed subdivision and the SEQR.

RETURNING

James Burke, Applicant�� 

172 Co. Rt. 67�� 

Stillwater, NY� 12170�� 

S/B/L 195-1-16.1 Rural

Returning Applicant proposes to subdivide the 9.97+/- acre lot into four single family residential lots on Hanehan Road.� Two lots will be approximately 2 acres in size, and two lots will be approximately 3 acres in size. James Vianna spoke on behalf of the Applicant, stating that the preliminary approval for the application had been granted at the last meeting.� He said that the stormwater management plans have been updated in accordance with concerns raised by Town Engineer Kenneth Martin.� Town Engineer Kenneth Martin stated that he had no outstanding issues regarding the project.

Chairman Ian Murray requested a detail of the swale and infiltrators.� He also asked that the Town of Saratoga well water requirements be put on the deeds.� He noted that the infiltrators would be located on private property and stated that the deeds should contain language for their maintenance.� The language will be approved by both Town Engineer Kenneth Martin and Town Attorney William Reynolds.

Chairman Ian Murray noted that the County had recently verbally responded to the Application, stating that it had no objections to the project.

Ralph Pascucci questioned when or if the Planning Board wanted to require trees for screening on the property.� He stated that he would like to see some trees added to each lot.

Paul Griffen then read the short form EAF, which was completed by the Board.� Ralph Pascucci made a motion, seconded by Robert Park to determine that the short form EAF was complete and declare a negative declaration. Chairman Ian Murray � aye, Ralph Pascucci � aye, Paul Griffen � aye, Albert Baker � aye, Robert Park � aye. Carried 5� 0.

Chairman Ian Murray � aye, Ralph Pascucci � aye, Paul Griffen � aye, Albert Baker � aye, Robert Park � aye. Carried 5� 0.� GRANTED WITH CONDITIONS

Gordon P. Nicholson, Applicant�� Walter J. Taras, Owner

900 Rte 146�� 173 Co. Rd 69

Clifton Park, NY� 12065�� Schuylerville, NY� 12871

S/B/L 182.-2-15.11 Rural

Gavin Vuillaume addressed the Board regarding Phase II of a planned development, consisting of a 36 unit subdivision of single family homes on 121.82+/- acres. Mr. Vuillaume reported that the Applicant was now working on detailed plans having been given conceptual approval at the August Planning Board meeting.� He stated that the flat topography of the property was a challenge to the drainage design and explained the drainage plans to date for the development.� The completed plans will be presented at the October Planning Board meeting.

Mr. Vuillaume then explained the proposed boulevard entrance and the attendant landscaping.� He said that he would be working with the Town Highway Department on that aspect of the development.�

Finally, Mr. Vuillaume stated that he hoped the Planning Board would schedule a public hearing on this matter soon in order to receive public input on the project.

Chairman Ian Murray stated that the proposal needs a landscape/streetscape plan because of the open-field nature of the property.� At minimum, each lot would need a couple street trees.� He noted that for the Eagle�s Roost project both a deciduous and an evergreen tree were required.� He also suggested that the lawns should be seeded and there should be a minimum landscaping requirement.� There followed a discussion on the detail of landscaping that could be required.� It was determined that the developer or builder could offer a generic landscaping package to the buyer who could then determine the specifics of the landscaping.

Both Paul Griffen and Ralph Pascucci were concerned that the boulevard and streetscaping be less formal, and more in keeping with the rural character surrounding the development.

Town Engineer Kenneth Martin stated that he has developed a design for rural roads that he would forward to the zoning review committee, and which could eventually be adopted by the Town.� He offered to forward a copy to the Applicant.

Chairman Ian Murray stated that the first public hearing on this matter would be scheduled for the October Planning Board meeting.� He asked the Applicant to provide all detailed documentation for that meeting.� He also asked whether the Applicant had contacted Niagara Mohawk regarding service to the area.� He noted that there are existing power lines crossing the property back to the barn, which should probably be eliminated.� He remarked that any new lines should be buried.

Town Engineer Kenneth Martin and Town Highway Superintendent Grant Seymour will review the boulevard plans.� Mr. Vuillaume stated that the boulevard will be almost maintenance free, using low groundcover on the sides.

Chairman Ian Murray stated that the Applicant had filed a SEQR long EAF form, and made a motion, seconded by Paul Griffen, to declare the Town of Saratoga Planning Board the lead agency in this matter.� Chairman Ian Murray � aye, Ralph Pascucci � aye, Paul Griffen � aye, Albert Baker � aye, Robert Park � aye. Carried 5� 0.

RETURNING

Gary Grentzer, Applicant

52 Ruggles Road

Saratoga Springs, NY� 12866

S/B/L 154-1-4.1 Rural Residential

Applicant proposes to subdivide 28.87+/- acres from his property for a single family home.� Gary Grentzer addressed the Board, stating that the reason for dividing his property into only two lots is the lack of available road frontage.��

He reported that, since the August Planning Board meeting, all the engineering work had been performed, including a perc test and deep hole test.� He stated that he notified his neighbors of the proposed subdivision.� The infrastructure is in place so there will be no modifications regarding that.�

Chairman Ian Murray stated that the agricultural data statement had to be added to the survey map, as well as the Town water requirements for lot 2.� The map will also have to include the results of the deep hole and perc tests.� He then read the report from the County Planning Board stating its determination that the project would result in no significant County-wide or Inter �Community impact.�

Proof of Notice having been provided, the Public Hearing was opened at 8:19 p.m.� Chairman Ian Murray asked that people state their name, address, and whether they were for or against the project.

Michelle Riley, 24 Ruggles Rd.�Ms. Riley requested that the Board explain the definition of Rural Residential.� Robert Park then read the definition of the Rural Residential zone from the zoning regulations book.

All those wishing to speak having done so, the Public Hearing was closed at 8:23 p.m.

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 Town Engineer Kenneth Martin would provide deed language for Town well water requirements and that the agricultural data statement and engineering results of the perc and deep hole tests would be added to the map.� The motion was seconded by Robert Park.

Chairman Ian Murray � aye, Ralph Pascucci � aye, Paul Griffen � aye, Albert Baker � aye, Robert Park � aye. Carried 5� 0.� GRANTED WITH CONDITIONS

Bill Hoogeveen, Applicant�� John and Barbara Hoogeveen, Owners

19 Oakleaf Dr.�� 206 County Rd 71

Clifton Park, NY� 12065�� Stillwater, NY� 12170

S/B/L 206-1-36.2 Rural

Applicant proposes to subdivide 2 acres from his parents� 325+/- acre farm for a single family home. Bill Hoogeveen addressed the Board, stating that after the subdivision there will be approximately 240 acres left of the farm property.� Chairman Ian Murray read a statement from the County Planning Board to the effect that it had no objections to the project, but commented that it would prefer that the subdivision be located somewhere on the farm where it will have the least impact on agricultural operations.� The County also directed Mr. Hoogeveen to contact its highway department regarding a curb cut permit for his driveway.� Chairman Ian Murray noted that the proposed subdivision will be situated on a lot that includes an existing cemetery, and thus will have slight impingement on the farmland.

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.� There were no interested parties; the Public Hearing was closed at 8:32 p.m.

Chairman Ian Murray asked if there were any further questions regarding the application.� There were none.� Robert Park made a motion to accept the documents as presented and approve the subdivision, with the condition that Town Engineer Kenneth Martin would provide deed language for Town well water requirements to be attached to the Applicant�s map. Chairman Ian Murray also directed Mr. Hoogeveen to complete the applicant�s section of the short form EAF and file it with the Planning Clerk. The motion was seconded by Paul Griffen.

Chairman Ian Murray � aye, Ralph Pascucci � aye, Paul Griffen � aye, Albert Baker � aye, Robert Park � aye. Carried 5� 0.� GRANTED WITH CONDITIONS

Marc & Rose Mikkelson, Applicant

142 Hanehan Rd.

Schuylerville, NY� 12871

S/B/L 195-1-16.2� Rural

Returning Applicants propose to divide a 6.88+/- parcel on Hanehan Road for a future single family dwelling, resulting in one 2+/- acre parcel and one 4.88+/- acre parcel.� Jake Mikkelson addressed the Board, submitting a revised print of the proposal.� Paul Griffen questioned the building envelope on the property, noting that it extended beyond a point where the property narrowed to less than 200� in width, contrary to zoning regulations. Mr. Mikkelson explained that no building could be built on that section of the property due to existing power lines, but agreed to amend the site map.

Chairman Ian Murray read a statement from the County Planning Board stating its decision that the proposal would have no significant County-wide or Inter-Community impact.

Proof of Notice having been provided, the Public Hearing was opened at 8:42 p.m. Chairman Ian Murray asked that people state their name, address, and whether they were for or against the project.�

Marilyn Zaborek, 387 Burgoyne Rd.�Ms. Zaborek stated that she was not against the project but raised concerns about the growing development along Hanehan Rd.

All those wishing to speak having done so, the Public Hearing was closed at 8:44 p.m.

Paul Griffen then read the short form EAF, which was completed by the Board.� Paul Griffen made a motion, seconded by Albert Baker to determine that the short form EAF was complete and declare a negative declaration. Chairman Ian Murray � aye, Ralph Pascucci � aye, Paul Griffen � aye, Albert Baker � aye, Robert Park � aye. Carried 5� 0.

Chairman Ian Murray asked if there were any further questions regarding the application.� There were none.� Paul Griffen made a motion to accept the documents as presented and approve the subdivision, with the condition that Town Engineer Kenneth Martin would provide deed language for Town well water requirements to be included in the Applicant�s map and that the building envelope be revised. Chairman Ian Murray also directed Mr. Mikkelson to complete the applicant�s section of the short form EAF and file it with the Planning Clerk. The motion was seconded by Albert Baker.

Chairman Ian Murray � aye, Ralph Pascucci � aye, Paul Griffen � aye, Albert Baker � aye, Robert Park � aye. Carried 5� 0.� GRANTED WITH CONDITIONS

Steve Gilman, Applicant

130 Ruckytucks Rd

Stillwater, NY� 12170

S/B/L 194-2-38 Rural

Returning Applicant, Steve Gilman, addressed the Board regarding his proposal to subdivide a 4.99+/- acre lot with 280� of road frontage from his 47.06+/- acre parcel.

Chairman Ian Murray noted that a septic note needs to be added for lot #1.� He also directed Mr. Gilman to identify the lane designated �farm road� on the map as a driveway.�

Paul Griffen stated that the building envelope would have to be revised to exclude the area where the property narrowed to less than 200� in width.� There followed a discussion on Mr. Gilman�s preference for a building site.

Chairman Ian Murray asked whether a stream referenced on the map was actually a seasonal stream.� Mr. Gilman explained that the area had been �ditched� by the Soil Conservation Department in 1990 to drain water from the woods.� It was Mr. Gilman�s belief that the ditch was not classified as a stream.� Town Engineer Kenneth Martin explained that the ditch shows up as an intermittent stream on the USDS maps.� Chairman Ian Murray clarified that Mr. Gilman would not need a freshwater or wetland permit to alter the ditch.

Albert Baker had some questions regarding the setback distances between the greenhouse on the property and the boundary line.� Chairman Ian Murray explained that the greenhouse is not considered a building, but is defined as a temporary, or accessory, building pursuant to Agricultural and Markets Law.� James Vianna interjected that the building also was abandoned.

Chairman Ian Murray read a statement from the County Planning Board stating its decision that the proposal would have no significant County-wide or Inter-Community impact.

Proof of Notice having been provided, the Public Hearing was opened at 8:56 p.m. Chairman Ian Murray asked that people state their name, address, and whether they were for or against the project.�

Marilyn Zaborek, 387 Burgoyne Rd.�Ms. Zaborek stated that she was not against the project but raised concerns about temporary structures in the agricultural laws.�

It was explained that the pertinent laws were enacted by the State Department of Agriculture and Markets.� It was further explained that the Town does have a regulation designating buildings as abandoned after they are unused for two years.

All those wishing to speak having done so, the Public Hearing was closed at 9:00 p.m.

Paul Griffen then read the short form EAF, which was completed by the Board.� Paul Griffen made a motion, seconded by Ralph Pascucci to determine that the short form EAF was complete and declare a negative declaration. Chairman Ian Murray � aye, Ralph Pascucci � 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.� Ralph Pascucci made a motion to accept the documents as presented and approve the subdivision, with the condition that Town Engineer Kenneth Martin would provide deed language for Town well water requirements to be included in the Applicant�s map. Chairman Ian Murray also directed Mr. Gilman to include the note on the septic. The motion was seconded by Albert Baker.

Chairman Ian Murray � aye, Ralph Pascucci � aye, Paul Griffen � aye, Laurie Griffen � aye, Albert Baker � aye, Robert Park � aye. Carried 6� 0.� GRANTED WITH CONDITIONS

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

Paul Tommel addressed the Board for returning Applicant who is proposing to subdivide a 6.54+/- parcel into two lots:� Lot 1 approximately 2.7+/- acres with 200� of frontage, and Lot 2 approximately 3.65+/- acres with 263� of frontage. The application was last before the Board in June 2005 at the sketch plan stage.� Mr. Tommel reported that the engineering work had been completed and requested that a public hearing be scheduled for the next meeting.

Chairman Ian Murray stated that the plans had been forwarded to the County for review and that should be done by the October meeting.� A public hearing will be scheduled for that meeting.

Town Engineer Kenneth Martin had reviewed the plans and suggested that the driveway be moved to avoid problems with a sharp curb cut.� Mr. Tommel stated that he would be submitting grading plans with his application for a curb cut.� RETURNING

William Reynolds, Applicant

800 Rt. 29

Saratoga Springs, NY� 12866

S/B/L 168-3-69.2 Rural Residential

William Reynolds addressed the Board, stating that he is seeking to re-subdivide his 4.12+/- acre property to put in a modular home.�

Chairman Ian Murray stated that the Board could not approve the subdivision because it would create a non-conforming lot.�

Mr. Reynolds related the history of the property, stating that two parcels had originally been combined in order to create sufficient road frontage for him to build his house.� Ralph Pascucci added his recollection of the history of the property.� He stated that it had been filed as one piece with the County.� James Vianna stated that he had done survey work for William Reynolds, Sr., and gave additional information on the history of the property.

There followed a brief discussion on the history of the property and Mr. William�s intentions for putting a modular home on it.

Chairman Ian Murray repeated that the Board could not approve the proposal because it would create a non-conforming lot.� He advised Mr. Reynolds that he had the option of petitioning the Zoning Board of Appeals for a variance.

Mr. Vianna questioned the Board about precedence regarding the firelane, stating that it is a private road.� Chairman Ian Murray replied that shared driveways may have to be created in order to obtain required road frontages.� Paul Griffen commented that there still is not enough frontage available on the firelane, even with shared driveways.

Town Engineer Kenneth Martin noted that, even if a lot could be created, there is not enough room to obtain the required separation distances between the well and the septic.

Chairman Ian Murray advised Mr. Reynolds that he could reconfigure the lot and re-apply to the Planning Board, or apply to the Zoning Board of Appeals for a variance, or reconfigure the lot and petition the Zoning Board of Appeals.

Ralph Pascucci made a motion, seconded by Laurie Griffen, to deny the application so the Applicant could appeal to the Zoning Board of Appeals.� Chairman Ian Murray � aye, Ralph Pascucci � aye, Paul Griffen � aye, Laurie Griffen � aye, Albert Baker � aye, Robert Park � aye. Carried 6� 0.� DENIED

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, stating that the proposal had last been before the Board in March 2004. Mr. Carr stated that plans for a 35 lot subdivision had been granted by the Planning Board for the property in 1990, but the development had never been pursued, so the permit had lapsed.� Last year, the LA Group had been hired to continue the project.� The current plans call for 31 buildable lots, with lot 32 designated as open space. In April 2004, several of the Board members did a site walk. Mr. Carr stated that some Engineering work has been done. The wetlands have been flagged, which consists of approximately 8 acres; Army Corps of Engineers wetlands.� Applicant has contacted the DOT for a driveway cut permit and has received approval for the driveway location.�

Mr. Carr has said that the property is in an area that may possibly have historic significance, pursuant to State designated areas, so an archaeological study will be performed.� He reported that the Applicant has completed its portion of the SEQR form.

Other engineering includes a preliminary set of test holes and perc tests on the property under the supervision of DOH.� He stated that additional testing would be performed once the application receives preliminary approval.� DOH requires at least one well per every 10 lots; therefore, the Applicant intends to have three wells throughout the site.� The Applicant does not intend to pursue digging of the wells until after preliminary approval due to the necessity of bringing in a drilling rig onto the property, which would create a disturbance of the land.�

Mr. Carr pointed out four places on the property where wetlands would have to be crossed.� He said that approximately less that one half acre of the wetlands would be disturbed during development, requiring a federal permit.

Mr. Carr stated that the topography is such that there is a significant slope across the front of the property, which is heavily wooded.� Therefore, no houses will be seen from Rt 29.� He said that the house sites had been chosen first; then the road was designed around them.� The 89 acres are zoned rural residential; 54 percent of the property will be open space, including the wetlands.� Mr. Carr will include this information in documents for the next Board meeting.

In answer to a question by Ralph Pascucci, Mr. Carr explained that the existing trailer on the lot close to Rt. 29 would be removed and a house put on the lot.� However, the lot�s driveway would access the subdivision road rather than Rt. 29.

Paul Griffen commented that the road system would require a lot of excavation.� Mr. Carr agreed, stating that the steep topography also presented a number of nice home sites.

Chairman Ian Murray indicated that another site walk would be appropriate, which was scheduled for Wednesday, October 5.�

Paul Griffen added that bridge culverts could be used to cross the wetlands.� Ralph Pascucci commented that the vegetation would then be affected.

Chairman Ian Murray referred to local law regarding sewer and water sites, which would affect 5 or 6 of the lots.

There followed a brief discussion on wing roads, and whether their use would be appropriate for this development.

Mr. Carr explained that there would be a 75� buffer on the sides of the development; a 75� buffer on the lot on Rt. 29; and, a 100� buffer to the north of the property that expands to almost 150� at one point.

Ralph Pascucci led a discussion on making the green space contiguous in order to maintain wildlife habitat.� Mr. Carr would like a conservation easement on the property to keep it forever-wild.

Chairman Ian Murray asked if Mr. Carr had contacted Saratoga Plan regarding the forever wild portion of the property.� Mr. Carr responded that he �had not had much luck� with that organization.� He also remarked that he was reluctant to involve a Home Owners Association in the project because the intent is to keep that portion of the development forever wild.� Chairman Ian Murray stated that, due to the topography of the land, it probably has little value to the Town.

Laurie Griffin questioned whether the development should have two access roads instead of one.� It was noted that the proposed road is almost directly across from Bryants Bridge Road on Rt. 29.� A discussion followed concerning traffic along that section of Rt. 29, and whether a traffic light would be warranted.� Mr. Carr reported that traffic lights actually cause more accidents than they prevent.� RETURNING

Sketch-Plan Conference

Virginia Knapp, Applicant

379 Co. Rt. 68

Saratoga Springs, NY� 12866

S/B/L 168-2-74 Rural

Virginia Knapp addressed the Board concerning her proposal to subdivide a 2 acre lot from her 5.4 acre parcel for a single family dwelling.� Mrs. Knapp explained that she would like to put a trailer slab on the new parcel, located across from the DeGregory farm.�

Chairman Ian Murray explained that the Applicant would need to have the property surveyed, and have the engineering work performed, including a deep hole and perc test.� He stated that she would need at least 200� of road frontage on each parcel. The material would have to be filed with the Planning Clerk by October 12 in order to be on the October Planning Board agenda.

Mrs. Knapp stated that there was an existing septic on the property and asked whether it would be possible to put a mobile home back on the property.� Town Engineer Kenneth Martin explained that septic size was based on the size of the proposed house, and that a septic that had been abandoned for any length of time could not be considered reliable. Chairman Ian Murray explained that the property is in the Rural District, which allows mobile homes, subject to some requirements.� He advised her to speak with Zoning Officer Robert Hathaway.� RETURNING

James Doyle, Applicant

175 Church St.

Saratoga Springs, NY� 12866

S/B/L 157.-1-2 Rural Residential

Returning Applicant�s property straddles the Town lines of Saratoga and Northumberland along Rt 32.� He proposes to use the Northumberland portion of his lands for industrial use and to subdivide the Saratoga portion of his lands into 24 lots of various sizes for single family use.� James Doyle reported that he had spoken with representatives of the Town of Northumberland, who expressed an interest in waiving the industrial zoning on that piece of the property and, instead� having the entire parcel developed as residential, if that was how the Town of Saratoga piece of the parcel was going to be designated.

Paul Griffin noted that much of the property looks like it has grades of 10% or greater, and explained that development grading cannot exceed 7%.� He stated that this topography could effect where the access road can be placed.

Chairman Ian Murray stated that the Board was unable to give the Applicant any clear direction for his proposal until engineering and survey work had been completed.� Applicant also needs to submit a topography map with 5� contours and the results of a soil investigation.� If there are heavy soils on the parcel, built-up septic systems may be necessary.� Both Chairman Ian Murray and Town Engineer Kenneth Martin recalled that the soil was mainly clay and shale.

Chairman Ian Murray directed the Applicant to contact the Water Commission regarding the water line through the property, because access to the water line would change the layout of the development.� Town Engineer Kenneth Martin noted that the development would be designated as an �outside user� for purposes of accessing the water line. RETURNING

Special Use Permit�

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.� Mr. Pinkowski explained that he currently has a kennel license from the Department of Agriculture and Markets for his kennel in the Town of Royalton in western New York.� That Department does periodically inspect his premises.

Chairman Ian Murray noted that the property meets acreage and road frontage requirements for the special permitted use.� He said that a public hearing would be scheduled for the October meeting.

Mr. Pinkowski currently has 37 Berniese Mountain dogs, which were originally bred as cart dogs. The number can grow to 50 dogs when there are litters on the grounds or be as few as 20, through attrition. He said the dogs seldom bark unless someone comes to his house, which is rare.� He noted that his mailbox will be 600� from the house and kennel. He described his kennel operation as a hobby.�

Ralph Pascucci had questions for Mr. Pinkowski concerning noise attenuation and insulation on the kennel.

There followed a brief discussion on the proximity of houses on adjoining properties.� Mr. Pinkowski suggested that the Board do a walk-through of the site.

In answer to questions concerning the nature of the kennel operation, Mr. Pinkowski explained that the kennel has its own sewage system.� He then explained that all solid waste sewage is removed from the property.� He did not expect to build on the site until late 2006 or 2007.� In answer to a question from Laurie Griffin, Mr. Pinkowski stated that the soil consisted of sand, probably 20� in depth.

Chairman Ian Murray requested that the Applicant provide a detailed site plan, including barn size and placement, and also including distances to adjoining houses.� He advised Mr. Pinkowski to have engineering tests�deep hole and perc tests�performed.� Laurie Griffin requested information on the nature of the operation and a topographic map, and Ralph Pascucci asked for information on the Morton standard for acoustical abatement.� RETURNING

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, and Wendy Cimino appeared on behalf of the Applicant.� Mr. Jones gave a slide presentation of the proposal.� He requested that the Board make a negative declaration and schedule a public hearing on the matter.�

There followed a discussion on whether the Board would take immediate action on the application.� Chairman Ian Murray declined to take action since no response had been obtained from either Town Attorney William Reynolds or the County Planning Board to questions raised by the Planning Board.� Chairman Ian Murray explained that the application might have to be referred to the Town Board to amend the Town Zoning Regulations to allow boat storage in the Lake Commercial District.

Ralph Pascucci raised concerns about plans the Applicant had in place in the event of a serious spillage of dangerous chemicals within the storage barns.� Jim Miller explained that the catch basins drain directly to the storm basin. There followed a lengthy discussion on the possibilities of such an accident occurring.� Paul Griffen suggested that a controlled catch basin be installed.� Ms. Cimino explained the traffic study on the State boat launch that had been filed by the Applicant.

Paul Griffen wanted to know if parking would always be available for someone seeking to launch a boat at the State site.� Ms. Cimino replied that there were no lines and plenty of parking on the day the study was conducted.� The operator of the site had indicated that there were sometimes 20 minute waits during peak times in the summer, but that was not a usual occurrence.� Paul Griffen asked whether this response would change if a new set of people were added to the existing boat launch users.

Chairman Ian Murray noted that the County had indicated that the project could be phased in over time to register any affects on the area.

In response to questioning, it was noted that there would be someone at the storage site to hook up boats to waiting cars.� This was a new concept that had not been previously relayed to the Board.

There followed a lengthy discussion on the number of people expected to use the storage facility at any given time.

Chairman Ian Murray commented that the proposal was a better use of the property than that previously proposed, but the Board was concerned about impacts of the facility.

Paul Griffen stated that the Board needed information on how the facility intends to operate.

Jim Miller reported that the surrounding wetlands would not be disturbed at all, and that a buffer would be erected around them.

Robert Park made a motion, seconded by Paul Griffen, designating the Planning Board as lead agency for SEQR. �Chairman Ian Murray � aye, Ralph Pascucci � aye, Paul Griffen � aye, Laurie Griffen � aye, Albert Baker � aye, Robert Park � aye. Carried 6� 0.� CARRIED

RETURNING

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Information

Old Business:� Paul Griffen gave an update on the zoning amendment process, stating that he had incorporated all the comments that he had received into his report.� His group had only one more meeting to �wrap up.��

New Business: Chairman Ian Murray reminded the Board that there would be a walk-through of the Chamberlin development site on October 5 at 4 p.m.

Town Supervisor Tom Wood asked the Board to consider adding the following language to Planning Board applications, building permits, and ZBA applications:

�� Are there any deed restrictions, easements,

�� or covenants which affect the proposed re-

�� quest and use that you are applying for?

�� No______________

�� Yes______________� Explain_____________

�� Please provide a copy of your deed.

There followed a discussion on whether having a copy of deeds would be beneficial to the Board in rendering their decisions.� The Board approved the language and asked that it be included on the above-mentioned applications.

Laurie Griffen asked whether the renewable permits granted at this time last year could be reviewed to make sure they were in compliance before being renewed.� Planning Clerk Catherine Cicero said she would do some research on the matter.

The next meeting is scheduled for October 26, 2005 at 7:30 p.m.

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A motion to adjourn was made at 12:03 a.m. by Laurie Griffin and seconded by Ralph Pascucci. Chairman Ian Murray � aye, Albert Baker � aye, Robert Park � aye, Laurie Griffen � aye, Paul Griffin � aye, and Ralph Pascucci � aye. Carried 6-0.

Respectfully submitted,

Catherine E. Cicero

Clerk

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