PLANNING BOARD DRAFT MINUTES
December 19, 2018
Chairman Ian Murray called the meeting to order at 7:31 p.m.
Planning Clerk Linda McCabe called the roll: Chairman Ian Murray – present, Laurie
Griffen – present, Patrick Hanehan – present, Robert McConnell – present, Joseph
Lewandowski – absent (arrived at 7:36 p.m.), Brandon Myers – present, George Olsen - present,
Alternate Christopher Koval - present.
Also attending: Jeff Mancini, Rich Zeh, Rory & Brenda Boyle, Kevin Hastings, Marci & Mike Dwyer, Linda Macica, Paul & Jan Murphy, Hub Miller, Edith Rubinson, Tom Yannios, John Witt, Katie Gehl, Stewart Wenner, Lauren Kirkwood, Terri Korb, Alicia & Louis Farone.
(Sign-in sheet is on file in the Clerk's office)
A motion was made by Laurie Griffen , seconded by Christopher Koval, to accept the meeting minutes of November 14, 2018. Chairman Ian Murray – aye, Laurie Griffen – aye, Patrick Hanehan – aye, Robert McConnell – aye, Joseph Lewandowski – absent, Brandon Myers – aye, George Olsen - aye, Christopher Koval - aye.
Carried 7 - 0
Chairman Ian Murray stated that although the public hearing was opened on the following application, it will not be reopened tonight. He added that any communications to/for the Board, via email, mailing, etcetera, are to go through the chain of custody. All go to the Clerk and she distributes it to the Board. He added that this had been talked about at past meetings and they have been told this by the Board's attorney as well. Attorney Justin Grassi agreed and said documents must go to the Clerk for the record, the Board reviews those items which goes toward determination. Chairman Ian Murray also told everyone not to expect responses to their emails, and ensured them they review all they receive. He then added it has come to his attention with the ongoing lawsuit, that the group who is against the upcoming subdivision application has hired a private investigator who has been surveilling him. He said the private investigator is welcome to come up and take a close up photo of him tonight, but do not step on any of his properties, as they are private property.
Major Subdivision Conference
John Witt, Witt Construction #15-05
563 N. Broadway
Saratoga Springs, NY 12866
S/B/L 193.-1-17, 193.-1-18, 193.18-1-55 Lake Residential, Rural District II, Rural District
Location: 142 Cedar Bluff Rd. (Co. Rd. 71)
Returning Applicant seeks a 32 lot major subdivision.
Attorney Libby Coreno appeared on behalf of the Applicant and reviewed the application for the proposed conservation subdivision of the 111.6 acre parcel. She noted that between the steep slopes (16.4 acres) and the wetlands (2.2 acres), there is a total of 18.6 acres that are unbuildable, leaving a total of 93 acres of buildable land. Open space requirement is 50% of buildable land, and with 54.27 acres (combination of the west and east sides) of preserved open space, it leaves them 58 acres on which to build. They've completed 14 test wells, drilled by cable tool method as it is less invasive to the aquifer. The preliminary yields on 13 wells are well above NYS requirements, as well as Town regulations. Flow and water quality will be performed between now and January 2019, using transducers. There has been no indication that wells will exceed safe or sustainable withdrawal capacity of the existing aquifer.
She noted that Storm Water Pollution Prevention Plan (SWPPP) will be in place for the roadway and all infrastructure prior to final approval. Each individual lot will be required to have a Town approved erosion control plan in place prior to being issued a building permit.
Each lot will be required to receive a Town approved lot clearing plan which is consistent with the drawings, plans and conditions, per Planning Board decision. All lot clearing plans shall be compliant with Town Law 400-8.12 (Steep Slopes). Lots 9 - 11 shall have 'no build lines' as designed and no build lines on map M-1. No stumps shall be removed in order to preserve soil integrity. Concerning archeology, avoidance shall be practiced where possible, but a Phase III will be required for all areas in the APE, which cannot be avoided.
Prior to final county sewer district approval, a final hydrology data report shall be submitted to the Town Engineer, demonstrating compliance with state and local water flow and quality standards. All draft shared maintenance agreements for driveway and sewer shall be provided.
She noted they had an informal SEQRA Part II workshop on November 13, 2017, with two areas remaining for information on significance - SWPPP and Hydrology. Revised Part I submitted following that meeting, and submitted with SWPPP as of March 2018, subject to preliminary subdivision conditions. Hydrology flow and water quality tests to be completed by January 2019. Once submission of hydrology report is completed they'd like a SEQR determination, at the Board's discretion, then on to preliminary submission determination.
Chairman Ian Murray responded hydrology and SWPPP are needed for SEQRA and the Board needs to see the deed restrictions on each lot as well.
Attorney Libby Coreno replied there is best practice language that she can get from the county and will send it to Attorney Justin Grassi for his review and opinion.
Chairman Ian Murray reiterated the Board needs the hydro and SWPPP reports before able to go through SEQRA, as well as deed restrictions on each lot.
Chairman Ian Murray asked if there were any Board questions; there were none.
Pre-Submission Special Use Permit Conference
Marci Dwyer #18-09
800 Rt. 29
Saratoga Springs, NY 12866
S/B/L 168.-3-73 Conservancy District
Applicant seeks a Special Use Permit to open a paddle storage and day use facility for kayaks, stand-up paddle boards, canoes, etcetera. They will rent storage space to individuals and provide people direct access to Fish Creek for day use.
Mr. Dwyer appeared before the Board and reviewed their application, stating this is located on Fire Lane #8, off Rt. 29. They have 11.50 acres and this will be a day use storage business, not a daily rental space. It will be more of a membership, as they will charge an annual storage fee and it also gives the members direct access to the water. There is an existing structure on the property, shrubbery and a fence and they will be installing a new stockade fence. They contacted NYSDEC in August and there are no restrictions as long as they stay under 40' with the dock; he added that they will be consulting with Dock Doctors. Parking area is already there as well. He then said depending on how this business goes, they may come back before the Board for phase II of the business, which is to build a structure for indoor storage of the kayaks, canoes, etcetera. They have no time-line on this at this point; they need to see how the business may pan out.
Chairman Ian Murray said it was good they've already contacted DEC. He asked them to take photos north/south and east/west of the property and the Applicant agreed to do so. Chairman Ian Murray then asked if the Board can drive down there and walk the property.
The Applicant said he welcomes the Board to his property.
Chairman Ian Murray asked if they will be marketing this as members and not public?
The Applicant responded correct. He is hopeful that membership will grow, but only time will tell and it is the Board's decision if they can go forward. He stated it will be open May 1st through November. The lighting is not for nighttime, it is for dawn to dusk. Fishermen like to be on the water early and the lighting is needed for those early hours getting to the water and those hours just before dark.
Robert McConnell questioned if they've talked with neighbors about this.
Patrick Hanehan said he's a neighbor (the corn field there) and he's good.
Chairman Ian Murray questioned who maintains the easement of the lane.
The Applicant replied he does and a neighbor also does if he's unable.
Chairman Ian Murray questioned how it is insured.
The Applicant replied commercial insurance, if this project is doable.
Chairman Ian Murray questioned if he's gotten liability insurance; just thinking of the neighbors and more people using the road and having more folks on his land. He then asked if there were any further Board questions; there were none.
The Applicant responded he hadn't thought of that and thanked the Chairman for bringing that up. He will certainly look into it.
Chairman Ian Murray told the Applicant they did a nice job with the drawing and application. He then told the Applicant to get the photos and the Board will do a site visit. He added they need to contact the Clerk to get the neighbor notification list so they can go forward with a public hearing next month.
The Applicants thanked the Board.
Special Use Permit Conference
Darlene & Richard Zeh/Rory & Brenda Boyle #18-10
738 Rt. 9P
Saratoga Springs, NY 12866
S/B/L 193.6-1-55 Lake Commercial
Location: 1412 Rt. 9P
Returning Applicants seek a Special Use Permit to open a deli and real estate office at 1412 Rt. 9P.
Darlene Zeh, Rory and Brenda Boyle appeared before the Board. Darlene Zeh said the Army Corp signed off and want a new layout, but she said it will cost $1500.00 and they don't want to spend any more money until they own the property, as they've spent so much already.
Chairman Ian Murray stated a public hearing will be needed prior to Board decision. He then asked if Kevin Weed has the jurisdictional review.
Darlene Zeh responded yes.
Chairman Ian Murray stated the Board needs that. He then told them they show 13 parking spaces but as they don't need that many, they can bank some. Engineer Ken Martin came up with 10 or 11 spaces and the Board is fine with that; they can bank the remaining 3. Chairman Ian Murray then stated that once the Board gets the information from Kevin Weed they can go forward with a public hearing in January. Chairman Ian Murray asked if there were any Board questions; there were none.
The Applicant thanked the Board.
Old Business: Reminder: The annual training will be held on February 6, 2019.
New Business: None
The next regular meeting will be held Wednesday, January 23, 2019 at .
Submittal deadline is January 9, 2019, no later than 8:45 a.m.
Linda A. McCabe