�TOWN OF
PLANNING BOARD
DRAFT MINUTES*
*Please Note:� Minutes are not verbatim
January 23,
2019
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 � absent, Brandon Myers � present,
George Olsen - present,
Alternate Christopher Koval - present.
Due to the absence of a couple of Board members,
Alternate Christopher Koval was elevated to full voting status.
Also attending: �Mr. & Mrs. Dwyer, Rory & Brenda Boyle,
Andrew Schneller, Sandra & Dave Reulet, Jan Murphy, Kate & Hub Miller,
Terri Korb and Chris Cocuzzo. �(Sign-in
sheet is on file in the Clerk's office)
A motion was made by Laurie Griffen ,
seconded by George Olsen to accept the meeting minutes of December 19, 2018.
��Chairman Ian Murray � aye, Laurie Griffen � aye, Patrick
Hanehan � aye, Robert McConnell � absent, Joseph Lewandowski � absent, Brandon
Myers � aye, George Olsen - aye, Christopher Koval - aye.�
Carried �6 - 0
Approved
Special Use Permit Pre-Submission
Conference
Mr. & Mrs. Dwyer
#18-09
800 Rt. 29
Saratoga Springs,
NY 12866
S/B/L 168.-3-73
Conservancy District
Returning applicants seek 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.
Chairman Ian Murray asked the Applicant to give an overview of their application.
The Applicant stated their proposed business is not a daily rental business where people will be coming in each day.� It is a membership type of business where they will have racks to store member's kayaks, canoes, paddle boards and paddles and members will have direct access to the water.�
Chairman Ian Murray questioned if they will have a seasonal open and closing date for this.
The Applicant responded they're thinking April through the end of October.
Chairman Ian Murray then questioned, to be clear, that there will be no motorized vessels as stated at last month's meeting.
The Applicant replied correct, no motorized vessels.
Laurie Griffen stated that the proposal shows 40 parking spaces, and questioned if membership is capped to that number.
The Applicant responded they've not capped a number for membership at this time.� Their proposal is for 20 racks and each rack holds 6 vessels.
Chairman Ian Murray questioned if they were firm on that number for Phase I - selling that many memberships.
The Applicant replied if they can get that many, but he believes it will take a few years or more to reach that number.�
Chairman Ian Murray questioned the lighting proposed for the existing building/shed, with the little bit of renovations they've planned.
The Applicant responded they will have a little lighting inside the building, as there will be a changing room there and it is dark inside and also on the exterior corners of the building.� They'd like to have a sign with a light and lighting along their driveway and out to the parking area.
Chairman Ian Murray told the Applicant they need to be down lights so as not to bother neighbors.
Brandon Myers said the Board had received a lot of letters from neighbors and wanted to be sure that they can speak to the Board.
Chairman Ian Murray responded this is advertised as a Public Hearing, certainly they can speak to this application, once he opens the Public Hearing.� He then asked if there were any questions of the Board.
George Olsen questioned if the Applicant anticipates a large number of people hanging out there, as they propose having a couple of picnic tables and chairs.
The Applicant replied they do not anticipate large numbers hanging out there.� There will be a couple of picnic tables under the existing structure and a few adirondack chairs.
Proof of Notice having been furnished by newspaper on January 13, 2019, Chairman Ian Murray opened the Public Hearing at 7:37 p.m., asking those wishing to speak, to please stand and state their name and address:
Andrew Schneller, 802 Rt. 29, spoke against the proposal.� He feels this is fundamentally detrimental to the neighborhood, will compromise their safety and was upset the applicants did not speak to him personally about this.� He also has concerns of traffic on Fire Lane 8 and Rt. 29, light pollution, noise pollution, surveillance cameras, kayak racks and picnic tables 40' from his bedroom window, his privacy and accidents on Fish Creek.� He also noted the owner of the road should have been notified.� (Applicant owns the portion of the road from Rt. 29 to his property-deed is on file in the Assessor's office, as well as a copy in the Applicant's application file.)� He asked the Board to deny the application or at least postpone their decision in order to have other neighbors come speak to them.
Sandra Reulet, 835 Rt. 29, stated in the SEQR form she thinks the Applicant should have checked the agriculture box.� She then added that she doesn't live there, but has concerns with the traffic.� She is also concerned with the proposed dock.� She believes having it out there on the curve in the deepest part of the creek will cause the boaters to have to go to more sandy areas on the side which is not good for their boats or jet skis.�
Chairman Ian Murray asked if the Applicant would like to speak to that.
�The Applicant stated he'd have to look at that form concerning the agriculture box and refer to the Board.�
Chairman Ian Murray responded it's a simple box on Part I of the SEQR form that could be checked off for agriculture.� There's a member of the Board who also has agriculture on the other side of the creek and he has no issue with this project.� We can check that off to be sure it's covered.
The Applicant then stated as far as significance of people coming in there, a lot of people already utilize it and this business is for storing their equipment.� Will they all go in there at once, absolutely not.� Their dock will not be sticking out into the middle of the creek, it will run parallel to their shore.
Sandra Reulet responded she thought the dock was going to be located right at the curve, in the deepest part of the water.� She misunderstood the location.
Chairman Ian Murray asked if anyone else would like to speak.
Laurie Griffen asked when the neighbor notices were mailed out to the neighbors; how long have the neighbors had notice of this.
Andrew Schneller stated he received his January 9th, and felt it wasn't much time.
Chairman Ian Murray responded the requirements are that neighbors within 500' of the Applicant's property boundaries must receive notification.� We generate a list of property owners, from the County, within that 500' area and then a certified letter goes out to each owner.� Beyond that, it is advertised in the newspaper and the agenda is on the Town's web page.� Notice is out there.
The Applicant added he was before the Board on December 19th, the Board liked the project and went forward.� He sent his letters and spoke with his neighbors and they were fine with this.
Andrew Schneller said the Applicant didn't talk to a certain neighbor and the Applicant replied he did, two days ago, and that neighbor had no issues.� Andrew Schneller disagreed.
Laurie Griffen said she'd like to table this as the Board doesn't have a response from the County.�� She also stated she disagrees with Andrew Schneller, she thinks two weeks of notification is plenty of time to read something and respond.� The Board received �letters like a hot flash/firestorm today, like people got something and just woke up - not sure what happened, but the Board hasn't had a chance to read them.� Yes, the weather is a bit bad, but you've all had two weeks to respond, so having a firestorm at 3:00 p.m. is not fair to the Applicant or the Board.� With that said, she'd like to table this to get a little more information and to give the Board a chance to read the letters.�
Chairman Ian Murray stated as Laurie indicated, there were some neighbor communications that came in late today.� He asked the Applicant if they had received the letters; the Applicant responded he had one.� Chairman Ian Murray asked if he'd received all of them and the Applicant responded he doesn't know.� Chairman Ian Murray asked the Clerk to email the Applicant copies of all the letters so the Applicant can review them as well.
Christopher Koval stated he thinks they should do a site visit.
Chairman Ian Murray responded he already completed a site visit.� He reminded the Board that they asked the Applicant for permission to do a site visit at the last meeting, in order for the Board to walk it prior to this meeting and the Applicant had granted the Board permission to go in there.� He went to the property, walked around and left.
Laurie Griffen stated she'd like them to do a site visit together, with neighbors as well, as they've sometimes done in the past.�
After speaking with the Applicant and the Board, Chairman Ian Murray stated the Board will complete a site visit on February 13, 2019 at 4:30 p.m.� He explained the public may attend, but it is not a public hearing.
Laurie Griffen made a motion, seconded
by Christopher Koval, to table the Public Hearing and application until next
month's meeting.� Chairman Ian Murray � aye, Laurie Griffen � aye, Patrick
Hanehan � aye, Robert McConnell � absent, Joseph Lewandowski � absent, Brandon
Myers � aye, George Olsen - aye, Christopher Koval - aye.
Carried �6 - 0
�
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, located at 1412 Rt. 9P.
Applicants Rory and Brenda Boyle appeared before the Board.�
Chairman Ian Murray stated at the last meeting they had talked about the Army Corp and NYS DEC wetlands that are there, and Kevin Weed, from Van Guilder & Associates, was communicating with those departments.� He has met with both DEC and Army Corp and they've signed off on this project.� Kevin does not have documentation in hand yet, but Army Corp and NYS DEC are okay with the proposal.� He then asked if there were any Board questions at this point; there were none.
Chairman Ian Murray then stated he thinks it best that they have only one ingress/egress.� If they don't like the location of it, they can move it a bit further down as sight distance is good there.� He believes the Department of Transportation will look more favorably on that.�
The Applicants were fine with one ingress/egress.
Chairman Ian Murray stated that was all he had.� He asked if there were any Board questions or comments; there were none.
Proof of Notice
having been furnished by newspaper on January 13, 2019, Chairman Ian Murray opened
the Public Hearing at 7:53 p.m., asking those wishing to speak,
to please stand and state their name and address.� Seeing
as no one wished to speak, Chairman Ian Murray closed the Public Hearing at
7:54 p.m.
Chairman Ian Murray and Laurie Griffen stated this will be a one year renewable permit, which is the usual path of special use permits.
Chairman Ian Murray questioned if the hours of operation are the usual for that business district.
The Applicant responded 7:00 p.m. would be the latest they'd be open.�
Chairman Ian Murray questioned how they plan to improve the outside lighting.
The Applicant replied once the bushes come down, they will put lights on all four corners of the structure and some lighting in the parking area.
Chairman Ian Murray stated he was concerned with the lighting for the parking and was pleased they plan to light that area.� He told them to try and limit the impact of the lighting from the neighbors and to use down lighting.
The Applicants agreed.
Laurie Griffen read the short form EAF, line by line, which was completed by the Board.�
documents as presented, to declare SEQR
review complete and to make a Negative Declaration.� Chairman Ian Murray � aye, Laurie Griffen � aye, Patrick Hanehan � aye,
Robert McConnell � absent,
Joseph Lewandowski � absent, Brandon Myers � aye,
George Olsen - aye, Christopher Koval - aye.
Patrick Hanehan
made a motion, seconded by Laurie Griffen, to approve the application with the
following conditions:�
1.� A single ingress/egress on the property
2.� One year renewable permit.
3.� Down lighting is to be used.
Chairman Ian Murray � aye, Laurie Griffen � aye, Patrick
Hanehan � aye, Robert McConnell � absent,
Joseph Lewandowski � absent, Brandon Myers � aye,
George Olsen - aye, Christopher Koval - aye.
Information:
Chris Cocuzzo, 222 Burgoyne Rd. questioned the possibility of� having a home industry.� He reviewed what he'd like to do there, no customers will be on site and when he retires in 10 years the business will be gone and he'll sell his house.� Chairman Ian Murray told him the Board will have to further research this and discussion is needed.� Laurie Griffen explained that there are different districts in the town and he should read through the town regulations on the web site.� Chairman Ian Murray said they'll meet with Zoning Officer Gil Albert and look at what might fit and go from there.� Chris Cocuzzo thanked the Board.
Old Business: None
New Business: Annual
Training will take place on February 6, 2019.
Meeting Adjourned
The next regular meeting will be held Wednesday, February 27, 2019 at
*Submittal
deadline is February 14, 2018, no later than 8:45 a.m.
Respectfully submitted,
Linda A. McCabe
Planning Clerk
~ Meeting dates are subject to change ~