February 26, 2020


Chairman Ian Murray called the meeting to order at 7:30 p.m.


Planning Clerk Linda McCabe called the roll: Chairman Ian Murray present, Laurie

Griffen present, Patrick Hanehan present, Robert McConnell absent,

Joseph Lewandowski present, George Olsen - absent, Christopher Koval - present, Alternate Walter Borisenok - present.


Due to the absence of Board Member George Olsen, Walter Borisenok was elevated to full voting status.


Also attending: Robert Bolen and Melissa Murdock. (Sign-in sheet is on file in the Clerk's office)


A motion was made by Joseph Lewandowski, seconded by Laurie Griffen, to accept the meeting minutes of January 22, 2020 as written. Chairman Ian Murray aye, Laurie Griffen aye, Patrick Hanehan aye, Robert McConnell absent, Joseph Lewandowski aye, George Olsen - absent, Christopher Koval - aye, Walter Borisenok - aye.

Carried 6 - 0



Conference for Special Use Permit


Melissa Murdock & Amy O'Neil #19-09 Owner: Scott Grosky

30 Division St. 2386 Hempstead Inc. Saratoga Springs, NY 12866 45 Glen Cove Rd.

S/B/L 180.18-1-15.2 Lake Commercial Greenvale, NY 11548

Location: 1453 Rt. 9P

Returning applicants seek to renovate the interior of the existing structure and open a law office at 1453 Rt. 9P. They also seek to repair and pave the existing parking lot.


Robert Bolen, contractor for the applicants, appeared before the Board along with Melissa Murdock;

Melissa Murdock noted that she is now the owner of the 1453 Rt. 9P property.


Chairman Ian Murray stated the Applicant is here for a Special Use Permit conference. This application was before the Board on November 20, 2019 and as variances were found needed, the applicants were sent to the ZBA. The Board spoke with the Applicant at the November 2019 meeting, concerning the issues with the parking lot in the front of the property and the drainage on the lot. He said he's had conversations with Town Engineer Ken Martin and they need the Applicant to provide the Board with engineered drawings, as they cannot work with what has been submitted. He added they need to know how they will make it work with the drainage issues on that site.


Melissa Murdock responded that the owner of parcel S/B/L #180.18-1-23, (104 Point Breeze Rd.), has conveyed that parcel to her, so they won't have a problem with drainage or access

for drainage; a culvert will go in.


Town Engineer Ken Martin stated he knows they have drainage problems there and the Applicant needs to provide engineered drawings.


Robert Bolen said they are adding the landscape berms as the Board suggested and that DOT agreed with that being necessary.


Town Engineer Ken Martin questioned if the front parking spots are in the right-of-way or on their property.


Melissa Murdock replied they're on her property.


Town Engineer Ken Martin and Chairman Ian Murray explained the ones in front are in the NYS DOT's right-of-way.


Robert Bolen replied which DOT is fine with. He then added although he didn't go further with DOT until after he knows if the Board is fine with it.


Chairman Ian Murray stated he has issue with the sheet flow drainage. He told Robert Bolen he visited the site again today and believes the applicant will need to put in some infiltrators there and discharge into the ground.


Robert Bolen said he thought he could go down to the water.


Chris Koval and Town Engineer Ken Martin suggested putting in some catch basins and a culvert.

Chairman Ian Murray stated that or infiltrators or something underneath the parking lot. They can't discharge on someone else's property and Point Breeze Rd. is someone else's property.


Melissa Murdock stated they don't even have a shared roadway and doesn't understand why the Town hasn't taken that road over. It's her understanding, from talking to the neighbors, that the road is constantly a mess and never fixed, no one's done a road maintenance agreement, so no one's responsible for plowing it or anything.


Chairman Ian Murray responded that is up to the owners; there are half a dozen of those roads around the lake with the same situation.


Melissa Murdock replied she just doesn't know why the Town doesn't take it over.


Chairman Ian Murray stated those roads are not up to Town standards so those, as well as some along Rt. 29 in the Town, are all pre-existing, nonconforming roads. The Town doesn't want to accept them nor maintain them.


Melissa Murdock then asked if the Town can go in and force the residents to participate in a shared roadway maintenance agreement, because she doesn't think it's fair.


Board members replied no, it's a private, pre-existing road.


Chairman Ian Murray suggested that Melissa Murdock do some research to find the owner of that road and then draw up a road maintenance agreement and go door to door with the property owners. He added the Town has standards that can be given to her to help with the agreement language.

A lengthy discussion continued between the Board and Robert Bolen on private roads, drainage and parking issues with that parcel. Chairman Ian Murray and Town Engineer Ken Martin explained the elevation at the corner has to go up, or put in two catch basins. Chris Koval agreed with Town Engineer Ken Martin and added that on the north, sheet flow will freeze as it gets little to no sun there. He said they should put in catch basins and to do so is not too pricey. The Board agreed.


Chairman Ian Murray questioned the liability of discharging into the lake and stated that is why he would leave an open swale, filter it or put in two catch basins and discharge into the swale; safer for the owner.


Robert Bolen stated that they will put in two catch basins and swale everything.


Chairman Ian Murray stated he'll need to and the Board needs to see the sign off of NYSDOT as well.


Robert Bolen questioned what they need to do.


Chairman Ian Murray stated get the engineering completed and on the plan, get the elevations for inverts, get it graded, call the engineering firm who did the map and get this done as soon as possible. Expedite with NYS DOT as the Board needs to see the sign-off from NYSDOT on parking and ingress/egress. The Board likes this reuse, just need to find a way to make it work. Chairman Ian Murray added they need to have everything in to the Clerk's office no later than 8:45 a.m. on March 11, 2020 to be on the March agenda.



Old Business:


New Business:


A motion was made by Christopher Koval, seconded by Laurie Griffen, to adjourn the meeting at 7:55 p.m. Chairman Ian Murray aye, Laurie Griffen aye, Patrick Hanehan aye, Robert McConnell absent, Joseph Lewandowski aye, George Olsen - absent, Christopher Koval - aye, Walter Borisenok - aye.

Carried 6- 0

Meeting Adjourned


The next regular meeting will be held Wednesday, March 25, at 7:30 PM.


*All submittals must be to the Clerk no later than 8:45 a.m., March 11, 2020 to be on the March agenda.


Respectfully submitted,



Linda A. McCabe

Planning Clerk




*Please Note: Minutes are not verbatim unless so specified.