PLANNING BOARD MINUTES
May 25, 2016
Due to the absence of Chairman Ian Murray, Deputy Chairman Laurie Griffen called the meeting to order at 7:36 p.m.
Planning Clerk Linda McCabe called the roll: Chairman Ian Murray absent, Laurie
Griffen present, Patrick Hanehan present, Robert McConnell present, Joseph
Lewandowski absent, Brandon Myers present, George Olsen - absent, Alternate Christopher Koval - present.
Due to the absence of a few Board members, Alternate Christopher Koval was elevated to full voting status.
Also attending: Town Engineer Ken Martin, Diane Varney, Joanne DeVivo, Frank Owens, Peter Olsen, Rob & Danielle Decker and other interested persons. (Sign-in sheet is on file in the Clerks office)
Special Use Permit Pre-Submission Conference
Frank Owens #16-08
62 Louden Rd.
Saratoga Springs, NY 12866
S/B/L 157.-1-29 Rural Residential
Location: NYS Rt. 29
Applicant seeks a special use permit to open a seasonal concession stand. He'd like to have a pole barn installed to house picnic tables for eating as well as his & her restrooms.
The Applicant appeared before the Board and reviewed his application, stating he'd like to have a food concession stand, put up a pole barn to provide seating for folks to dine at and he'd like to have two bathrooms on site. He also stated that he knows a new septic system is needed.
Deputy Chairman Laurie Griffen stated this is a step further than the concept he presented to the Board a couple of months ago. She asked if there were any questions from the Board.
Brandon Myers asked if the Applicant is the owner of the parcel and was told yes.
Deputy Chairman Laurie Griffen explained that Chairman Ian Murray was unable to attend the meeting, but did talk with her concerning this application and she then shared his thoughts with the Board and Applicant.
In regards to the special use permit category, this falls under retail services as a restaurant, which is a permitted use so there is no problem with the use. The lot is a substandard lot at 1.12 acres (2 acres is required) and for that reason the Board will have to send the Applicant to the Zoning Board of Appeals for an area variance. The Applicant will also need to provide a certified survey showing the location of the well and septic as well as the separation distances and an engineer's report stating the septic is adequate.
The Applicant stated he did not understand why he needed to bring in an engineer.
Deputy Chairman Laurie Griffen replied it is due to the type of business he's looking to operate. NYS Dept. of Health will require that in order for him to run a food service business; NYS Dept. of Health has oversight due to the nature of the business. She explained he will have to contact NYS Dept. of Health and find out what they will require of him and follow their directive to obtain a permit from them and this Board will need a copy of that permit to issue a special use permit from the Town, if approved. She suggested he speak with Zoning Officer/Building Inspector Gil Albert and he said that he's been working with Zoning Officer/Building Inspector Gil Albert on the property next door to this property and Zoning Officer/Building Inspector Gil Albert indicated due to the water table he'd have to put in a flush system, but Garry Robinson told him he is two feet above the water table and he'd be alright. He was hoping to do his own septic system without having to hire an engineer.
Deputy Chairman Laurie Griffen replied perhaps he could consult with his engineer and work on both properties at the same time.
Town Engineer Ken Martin said the Applicant needs to get the information on the well itself. The Applicant will need to provide the information on the well casing; if it's not 50' deep NYS Dept. of Health will want a 150' separation distance, if it is 50' deep he can go with 100' separation distance.
Deputy Chairman Laurie Griffen said the Board can deny this and send it on to ZBA for a variance, send it to ZBA with a positive recommendation or send it to ZBA with no recommendation. But no matter which way it goes, the Applicant will have to obtain a permit from NYS Dept. of Health.
Brandon Myers said he's uncomfortable sending this to the ZBA with a recommendation because this is just a sketch plan; no survey or anything.
Deputy Chairman Laurie Griffen said they can deny and send him to ZBA for the variance for the land. She added the Board thinks it's a good use of the land and the Applicant just needs a lot area variance to get the ball rolling. Town Engineer Ken Martin added he should get all the variances he needs at one time.
Deputy Chairman Laurie Griffen and Town Engineer Ken Martin suggested the Applicant talk to similar businesses in the area and ask questions. Town Engineer Ken Martin also suggested that the Applicant gets everything laid out, being sure he has everything required, before going before the ZBA. Christopher Koval added he should check with NYS DOH first to know the rules and process and to ask what he needs if he decides to only have the food cart on the land.
Information: Diane Varney, 770 Rt. 29, would like to know if her neighbors will be able to convey to her, via a lot-line adjustment, 1.5 acres with 61.51'of frontage on Rt. 29; she wants a driveway from Rt. 29 down to her camp. Deputy Chairman Laurie Griffen and Town Engineer Ken Martin explained it cannot be done where proposed due to not having enough frontage. After reviewing the survey they suggested moving it to the other side of the property, where they could meet the required 200' of frontage, in order to go forward with the proposed lot-line adjustment.
Peter Olsen, 407 Burgoyne Rd. addressed the Board asking if it is possible to do a lot-line adjustment of a .6 acre parcel that spans Fish Creek and is on one deed. A portion is across the creek, on Bryant's Bridge Rd. side and that is the portion he wants because he'd like to put a dock there for canoeing and kayaking. Peter Olsen stated he's on the Burgoyne Rd. side, not the creek side. He also said the portion he wants abuts the Reynolds' Lot C parcel. The Board asked where his property is located and he replied an eighth of a mile down the road. He was told a lot-line adjustment could not be done if his land does not share a boundary line with that parcel. He then inquired if they could do a subdivision of the .6 acres and Robert McConnell suggested he lease the land and Patrick Hanehan agreed.
Deputy Chairman Laurie Griffen suggested they have Chairman Ian Murray look at it.
David Burell addressed the Board and said he's looking to purchase the Schuyler Pond property. He would like it to be a farm market/country store and would like to put up a greenhouse. Deputy Chairman Laurie Griffen questioned if he's staying within the same footprint. He responded kind of; he'd like to remove some trees and put up a greenhouse. Deputy Chairman Laurie Griffen said he'd need a special use permit. He said he'd follow up after speaking with Zoning Officer/Building Inspector Gil Albert.
The next regular meeting will be held Wednesday, June 22, 2016 at .
Linda A. McCabe