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Planning Board Minutes - March 24, 2003

Those present at the March 24, 2003 Planning Board meeting were:

Planning Board Members: Steve Watts - Chairman
Don Roberts – Vice Chairman
Marcel Nadeau
Cindy Patenaude
Rich Berkowitz
Tom Ruchlicki
John Higgins

Secretary: Tara Anuszewski

Town Attorney: Bob Chauvin

Deputy Town Attorney: Lyn Murphy

CHA Representative: Joe Grasso

Liaison: Walter Polak

Planner: Jeffrey Williams

Mr. Watts called the meeting to order at 7:07 pm

Mr. Higgins made a motion to approve the March 10, 2003 minutes. Mr. Berkowitz seconded. Motion carried.

Public Hearings:

03.123 Liddle Subdivision, Church Hill Road, Minor Subdivision. Mr. Watts opened the public hearing at 7:08 pm and asked if anyone wanted the notice read. No one responded. Ms. Marie Liddle was present and stated she is representing the Estate of Raymond Liddle and they are requesting a change in boundary lines. They would be straightening the lines between the Liddle property and the Hartley property and also an addition of a triangle of property. Mr. Watts asked if anyone from the public wished to speak. No one responded. Mr. Watts closed the public hearing at 7:09 pm and asked if anyone from the Board wished to speak. No one responded.

Mr. Roberts made a motion to approve the subdivision as presented. Mr. Ruchlicki seconded. Motion carried.

03.124 Borecki Subdivision, Ushers Road, Lot Line Adjustment. Mr. Watts opened the public hearing at 7:10 pm and asked if anyone wanted the notice read. No one responded. Mr. Rick Borecki was present and stated they are requesting a lot line adjustment on a lot that was previously approved. They are taking 2,000 square feet away from the larger lot and adding it to the smaller lot. Mr. Watts asked if anyone wished to speak. No one responded. Mr. Watts closed the public hearing at 7:11 pm and asked if anyone from the Board had any comments.

Mr. Roberts mad a motion to approve the subdivision as presented. Mr. Berkowitz seconded. Motion carried.

Old Business:

03.109 St. Mary’s Church, 86 Church Hill Road, Addition to Site Plan. Mr. Michael Convortino of Trudeau Architects was present and stated they have been before the Planning Board two times before and also the Zoning Board and they were granted the approvals needed. Mr. Watts asked Mr. Roberts if he reviewed this application. Mr. Roberts stated he looked at the application and they have met the criteria and received ZBA approval.

Mr. Roberts made a motion to approve the addition to site plan as presented. Mr. Nadeau seconded. Motion carried.

03.111 Hickock Subdivision, Katherine Drive, Minor Subdivision. Mr. Harold Berger was present and stated he has been before the Board previously with a 40,000 square foot parcel on Katherine Drive with an existing duplex and they were requesting to divide it into two 20,000 square feet lots but were denied. They have been before the ZBA and have been granted an approval for a creation of the new lot. They would be constructing a duplex on the new lot to be consistent with the neighborhood. Mr. Watts asked if anyone had any questions. Mr. Watts stated a public hearing needs to be scheduled.

Mr. Berkowitz made a motion to schedule a public hearing at 7:00 pm or as soon there after on April 14, 2003. Mr. Roberts seconded. Motion carried.

New Business:

03.125 Atlantic Testing Laboratories, 22 Corporate Drive, Change of Use & Tenant. Mr. Eric VanAlstyne was present and stated he is proposing a change of use and tenancy for 22 Corporate Drive. Mr. Watts asked for specifics of the operation. Mr. VanAlstyne stated they are a construction materials testing laboratory currently operating in Cohoes NY. They are looking to purchase the property and relocate. There are 10 – 15 employees with 8 of them being technicians who work in the field to test the materials. There is also an office staff. Some of the items they test are concrete, steel and soil. They do the testing in the field but some of them are brought back for compression testing for strength and also soil tests. Mr. Watts asked if anyone had any questions. Mr. Nadeau asked if the questions asked in the file were from CHA. Mr. Williams stated they were performance standards from the Ordinance Book. Mr. VanAlstyne stated there would not be any chemical testing, noise or solvents. Mr. Watts asked if there were any questions. Mrs. Patenaude asked if the testing would be done inside the building. Mr. VanAlstyne responded yes.

Mr. Watts asked Mr. Williams if the parking was sufficient. Mr. Williams responded yes. Mr. Berkowitz asked where thy stored the byproducts. Mr. VanAlstyne responded inside the lab. Mr. Higgins stated they would be adding an additional dumpster. Mr. VanAlstyne stated there is an existing dumpster and they will be taking care of there own refuse. Mr. Higgins asked if the existing dumpster was shielded with a fence. Mr. Higgins asked if that could be a requirement. Mr. Berkowitz asked if there would be a sign

Mr. Roberts made a motion to approve the change of use & tenant contingent upon no outside storage, no outside testing and no storage trailers. Mr. Higgins seconded. Motion carried.

03.126 Hopeck Office/Warehouse, Tabor Road, Commercial Site Plan-GEIS. Mr. Tom Andress was present and stated this proposal is in an L-1/C zone, Light Industrial Commercial Zone. Mr. Andress stated they are proposing a 50,000 square foot Multi Tenant Office Warehouse. There would be a single entrance with the office parking in the front and on the side. The loading docks are in the rear. Mr. Andress stated the site has rolling topography and then goes down a steep grade into a ravine. Mr. Andress stated they are showing a future expansion but it would be in the future. There would be emergency access around the building. This site is not serviced by water or sewer but they are proposing a well and septic system. The parking is in conformance with the Town Standards. They do not believe they need that many but they are showing them. They are also showing a landscaped berm across the front but would be looking to build a substantial berm across the front of the property and curve it around the property to try and block the homes across the street. Mr. Watts asked if anyone from the Board had any questions. Mr. Nadeau stated there are beautiful houses across the street from this site and stated a public hearing is not needed but would like to recommend a public informational meeting for the neighbors to get their input. Mr. Nadeau asked how high the proposed berm would be if it would be high enough not to see the building. Mr. Andress responded not high enough so you didn’t see the building but it would block all of the visibility of the cars. Mr. Andress stated possibly a 4 to 5 foot high berm with 5 to 6 foot high trees on top of that. Mr. Andress stated it would be about 10 feet but would not block the building. Mr. Nadeau stated the screening of this building would be a big issue for the neighbors. Mr. Berkowitz asked if this building was being built on speculation or is there a tenant in mind. Mr. Andress responded it is on speculation as a multi tenant. Mr. Higgins asked about where the parking would be for the phase two expansion. Mr. Andress stated they are showing the potential for the expansion but they would have to look at the size of the expansion based upon the use of the building. Mr. Higgins stated he is concerned with the wells in the area and the lack of water. Mr. Higgins stated there is a resident of Northern Sites Drive that has five wells and there is barely enough water for two people. Mr. Higgins stated he is concerned that if they put in a well big enough for this building that they would be taking away from the existing residences. Mr. Higgins asked if there was any way they could look into possibly connecting into the proposed Valente Industrial area. Mr. Andress responded they had looked at that as one of the potentials but one of the problems is the site is not large enough to be able to justify the expense for an office/warehouse use. Mr. Higgins stated all of the houses in Northern Sites had problems with water. Mr. Andress stated it varies. Mr. Nadeau is also concerned with the water issues in that area. Mr. Nadeau asked if they could turn the building around so the parking is not in the front. Mrs. Patenaude stated the parking should be in the rear and the side of the building and feels it would have less of an impact. Mr. Andress stated they have not done the topography for the site but there is a significant drop to the rear of the site and it is not conducive for development.

Mr. Andress stated they do not even need all of the parking that is showing as proposed and may bank some of the spaces, but understands he would need a variance to do so. Mrs. Patenaude believes they can get the parking away from the front of the building. Mr. Watts stated they have heard the concerns from the Board relative to the site and would like to schedule a public informational meeting for the next meeting. Mr. Roberts stated he would like to see some care given to the architecture of this building being it is near a residential neighborhood. Mr. Watts would like to refer this to CHA. Mr. Andress requested they hold off on the public informational meeting until after he gets the review from CHA so he can answer some of the issues. Mr. Watts agreed that would be a good idea. Mrs. Patenaude would like them to take a second look at where the water lines are running. Mr. Higgins also would like them to check on where the sewer lines run. Mr. Watts stated this item would be tabled and referred to CHA for further review.

03.127 George Weston Bakeries, 20 Corporate Drive, Sign. Mr. Dick Shalansker from Plank Construction was present and stated they are proposing a non-illuminated plastic sign for the front of the building. They would be 24” letters and be 113” by 24”. Mr. Roberts stated he checked the sign and it would only be about 27 square feet total and did not see a problem with it.

Mr. Roberts made a motion to approve the sign as presented. Mr. Nadeau seconded. Motion carried.

03.128 Planet Print, 2 Hayner Heights Drive, Sign. Mr. Scott Briggs was present and stated they changed the panels on the existing signs. Mr. Watts asked how long the signs have been up. Mr. Briggs responded a few weeks. Mr. Roberts stated he has been by to see the sign and there is no problem.

Mr. Roberts made a motion to approve the sign as presented. Mr. Berkowitz seconded. Motion carried.

03.129 Kohl’s Department Store, Route 9 & Crossings Boulevard, Sign. Mr. Pat Bonnie was present and stated they would like to add a lexan double faced illuminated sign in the area where the previous Grand Union sign was on the pylon. Mr. Roberts stated he did look at the sign and it would be replacing the old Grand Union space and he did not see a problem.

Mr. Roberts made a motion to approve the sign as presented. Mr. Ruchlicki seconded. Motion carried.

03.130 Planned Parenthood, 1673 Route 9 – Health Plex, Change of Tenant. Mr. Jim Morrell was present and stated he is proposing a change in tenant. Albany Medical Center has moved out of the building and Veterans Administration has moved into that space. Planned Parenthood would be occupying the space the Veterans Administration was in. Mr. Morrell stated it is approximately 2,400 square feet. There would not be a change to the electrical or the plumbing. Mr. Roberts asked if there would be a sign. Mr. Morrell stated they have not requested any at this time. Mr. Higgins asked what kind of an operation this would be. Mr. Morrell stated it is family planning and counseling. There are no surgical procedures. Mr. Watts stated the application represents counseling. Mr. Watts asked if anyone from the Board had any other questions. Mrs. Patenaude asked if they were ok with parking. Mr. Williams stated the businesses were basically the same so the parking should remain the same.

Mr. Roberts made a motion to approve the change of tenant. Mr. Nadeau seconded. Motion carried.
03.131 Wolberg Electric, 219 Guideboard Road, New Tenant. Mr. Paul Winney was present and stated he is representing Wolberg Electric and they are looking for approval to be a sub tenant of the Flooring Warehouse. Mr. Watts stated the hours of operation are Monday thru Friday 10am – 8pm, Saturday 10am – 5pm and Sunday 12pm – 5pm with three employees. Mr. Roberts asked if they would have any trucks or vans in the lot. Mr. Winney stated not on the lot there would be a delivery truck unloading and Loading in the rear of the building but nothing kept overnight. Mr. Berkowitz asked if there would be a sign. Mr. Winney responded yes they would. Mr. Nadeau stated it is strictly retail and not a service shop. Mr. Winney stated it is strictly a retail lighting showroom. Mr. Watts asked if they would be breaking anything up inside the building for a separate area. Mr. Winney it would be an open area. Mr. Roberts stated he brought the issue up about no selling of used cars in the front of the property when the Flooring Warehouse was in and there are still cars in front. Mr. Watts stated they have been contacted numerous times. Mr. Roberts stated they keep putting them back and it would not help the new applicants any. Mr. Watts asked to reiterate to Mr. Murphy to get the cars removed. Mr. Chauvin stated they should send them a citation. Mr. Nadeau asked if the owner knew they were coming in for a sub tenant. Mr. Williams stated the owner of the Flooring Warehouse, Paul Winney brought in the application. Mr. Chauvin stated they should have an owner authorization letter on file.

Mr. Nadeau made a motion to approve the tenant contingent upon a written agreement and also no selling of vehicles in the parking lot. Mr. Roberts seconded. Motion carried.

03.132 Kingdom Hall of Jehovah’s Witnesses, 171 Route 236, Sign. Mr. Richard Shell was present and stated they are proposing a sign that would be located 48 feet east of the edge of pavement on Route 236 and 75 feet to the nearest property line. The sign would be single sided and be 40% bigger then the current ordinance for churches. Mr. Berkowitz stated they were originally approved for a 3 x 5 sign. Mr. Shell stated they looked at the set back of the sign and the area and it seems they need a little more of a sign. Mr. Watts stated they have a sign ordinance they have to operate by. Mrs. Patenaude stated she is having a real problem with this because she remembers discussing the sign at length with the applicant. They discussed the size of the sign at a committee meeting and they accepted it and does not have a problem. Mrs. Patenaude stated it was before they even received final approval. Mrs. Patenaude has an issue with them coming in now and changing the size. Mr. Nadeau stated the Board approved the sign based on what was allowed for that site. Mr. Shell stated there is a process he can go through with the Zoning Board of Appeals. Mr. Watts responded that is correct.

Mr. Roberts made a motion to deny the sign application as presented. Mr. Nadeau seconded. Motion carried.

Mr. Watts asked if anyone had anything else for the Board. Mr. Berkowitz made a motion to adjourn at 8:51 pm. Mrs. Patenaude seconded. Motion carried.

The next Planning Board meeting will be April 14, 2003.

Respectfully Submitted


Tara Anuszewski, Secretary
Town of Halfmoon Planning Board