The regular meeting of the Planning Board, Town of Moreau, County of Saratoga and State of New York was held in the Town Office Building, 61 Hudson Street, South Glens Falls, New York at 7:00 p.m. on December 18, 2006.
Planning Board members in attendance were Chairman Peter Jensen, Thomas Field, Gary Dickinson, Ronald Caulin, James Edwards and Ronald Zimmerman. Others present: F. Joseph Patricke.
The meeting was called to order by Chairman Jensen at 7:00 p.m. The minutes of the November 20, 2006 meeting were reviewed. On page 931, "Ton Field" should read Tom Field, and on 934 Mr. Field suggested a roadway cul de sac (not short driveway). Mr. Dickinson motioned to approve the minutes as amended and Mr. Field seconded. The amended minutes were unanimously approved with abstentions of Mr. Zimmerman and Mr. Caulin, who were not present at the November meeting
The Preserve at Old Saratoga
Mr. Field motioned to reopen the public hearing.
Mr. Edwards seconded and the motion was unanimously approved.
Chairman Jensen: We left off the EAF Review with questions about the archaeological sites identified.
Mr. Travis Mitchell: We met with the State last month and resubmitted with additional information. They asked for 20 foot buffers around the areas that we had designated #2 & #3, and were not concerned about #1 are we had identified. They also asked for additional shovel tests. We satisfied their requirements, including removing the plans for stone fence we had surrounding the site which they felt would draw attention to it. The only outstanding issue from the letter you have is finding a nonprofit group interested in monitoring the site long term.
Chairman Jensen: You are pursuing a non-profit?
Mr. Mitchell: Saratoga Plan is one organization we are pursuing, this was suggested by one of the state planners.
Mr. Magoolaghan: It’s going to be very hard to find someone to commit, but we will work with them if they find someone.
Mr. Patricke: The plan doesn’t prohibit us from moving forward if no one is found to monitor those sites.
Mr. Mitchell: Correct.
Chairman Jensen: Are there any other environmental concerns regarding this
site?
(None) Public hearing closed 7:09p.m. Having reviewed and gone through our
comments on the EAF concerning the Preserve at Old Saratoga, do I have a motion
for the final notice?
Mr. Caulin: Motion for a negative declaration.
Mr. Field: Second.
Chairman Peter Jensen-Yes Thomas Field-Yes Gary Dickinson-Yes
Ronald Caulin- Yes James Edwards- Yes Ronald Zimmerman- Yes
Chairman Jensen: As this is the completion of the preliminary review, do I
have a motion to grant or not?
Mr. Field: Motion to grant preliminary approval.
Mr. Dickinson: Second.
Chairman Peter Jensen-Yes Thomas Field-Yes Gary Dickinson-Yes
Ronald Caulin- Yes James Edwards- Yes Ronald Zimmerman- Yes
Chairman Jensen: I assume you will apply for final approval in January?
Mr. Mitchell: Yes.
Mr. Patricke: When will that meeting be?
Chairman Jensen: January 22 or 29?
Mr. Field: Motion for the 29th.
Mr. Zimmerman: Second.
Unanimous approval.
Chairman Jensen: You have a few extra days to get everything together. Do you have any questions of us?
Mr. Mitchell: Thanks for coming out for us tonight.
Mr. Patricke: You have rec fees that will be due before you get your Mylars back.
Chairman Jensen: We’ve been asked by Counsel to review the law as forthcoming, 149 -43A and -27. The Town has asked for comments as there will be a Town meeting on Dec. 26 to discuss the proposed changes.
Mr. Field: This is for residential subdivisions?
Chairman Jensen: 149-43B2 sounds to me like we’ll be monitoring or enforcing, and we don’t have any authority.
Mr. Patricke: I think all it means is that there will be filing with the documents as to what the land would be used for.
Chairman Jensen: But how does the Planning Board require that the land be used for certain purposes?
Mr. Patricke: This is just like anything else that you require and I enforce.
Chairman Jensen: This is in reference to site plan where there are residential units. An applicant will start here, and we will review site plan, then its going to Town Board, where they will decide if they want planned areas. They will designate that on site plan, which means they will have to come back here because it’s a change from what we first approved.
Mr. Patricke: This is not different from what the Town currently requires, the Town already decides whether we take fees or land.
Mr. Edwards: But when does the Town decide it?
Mr. Field: We have a standard answer from the Town that they want only fees.
Chairman Jensen: It appears that we are bouncing an applicant all over the place. If the Town Board directs him to create a park , he will have to come back to us. They don’t see them until we’re through with them.
Mr. Patricke: We usually have plenty of time, but there is benefit to streamlining it, and we can make a note to Martin about that.
Chairman Jensen: On the top of the next page, it says that the Town will
approve the dedication of the land, and that the lands not under Town ownership
but set aside for recreation, the Planning Board will establish the hours of
operation etc. Should that be up to the Town as well, to keep the applicant from
bouncing around?
Mr. Patricke: Planning Board will review hours for pools, light on ball fields, things like that.
Chairman Jensen: Same page at the bottom, E. Does that give the impression that the Planning Board can waive a fee? Because we absolutely cannot do that.
Mr. Patricke: I think it’s spelled out because you do have a right to waive just about anything in the code, except the fee and the dedication of land. I see what you’re saying.
Chairman Jensen: In 27H, why is there a K on the last page? Offset on the side.
Mr. Patricke: Maybe we’re missing a page. No, It’s exactly what we have in the file. I can’t say what that’s there for. On page 149 -46 there’s a K, which reads like this paragraph. Looks like he’s replacing that.
Mr. Field. In the definition under Zoning, there’s a definition of common open space. We can’t have two definitions.
Mr. Patricke: I don’t think he intends to.
Chairman Jensen: If in fact that applied to common open space, on what we’ve been provided, it says 10 %, section K says 15% for the development of a recreation space.
Mr. Patricke: That’s land dedicated to the town, we can never take more than 15 % in a PUD.
Chairman Jensen: So we take 5 % more in a residential subdivision?
Mr. Patricke: You may have to have both cash rec fees and open space, that’s what it says now. They aren’t the same thing. You have either a fee, or ten percent of your land, you still have to have common open space of 15% to get a PUD, and 20% for roads too.
Mr. Zimmerman: Can we take 15 & 10 percent?
Mr. Patricke: The Town may require both.
Mr. Field: Is the intention to reserve the common open space for the use of
the residents only?
Mr. Patricke: Correct.
Mr. Field: OK
Chairman Jensen: Any other concerns?
Mr. Patricke: Your response to the Town Board?
Chairman Jensen: We’re been asked to respond in a timely fashion so that the Town will have it for Dec. 26th. What would you like to say to the Town, other than the two clarifications that we marked? Therefore, let’s make a motion with regards to Local Law 3 of 2006.
Mr. Field: I move that we indicate general support for the changes, indicating that there are the same requirements that we impose on residential subdivisions, and then request that they direct their attention to clarify two minor changes raised. Those are streamlining the process so that recreational space is requested before the applicant leaves the Planning Board, and the correct placement of Section K at the end.
Mr. Zimmerman: Second.
Mr. Caulin motioned to adjourn the meeting at 8:00 p.m. and Mr. Zimmerman seconded.
The motion passed unanimously. Next meeting January 29, 2007.
Respectfully submitted,
Tricia Andrews
Recording Secretary
Cc: Zoning Board, Town Board, Town Clerk, Supt. of Highways, Building Inspector, Assessor, Saratoga County Planning Board