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Planning Board Minutes - June 23, 2003
Those present at the June 23, 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
Planner: Jeffrey Williams
Town Attorney: Bob Chauvin
Deputy Town Attorney: Lyn Murphy
CHA Representative: Mike Bianchino
Liaison: Walter Polak
Mr. Watts called the meeting to order at 7:00 pm
Mr. Roberts made a motion to approve the June 9, 2003. Mr. Berkowitz
seconded. Mr. Nadeau abstained. Motion carried.
Public Hearings:
02.118 Rolling Hills PDD, Cary Road, PDD – Major Subdivision – GEIS.
Mr. Chauvin recused himself. Mr. Watts opened the public hearing at
7:01 pm and asked if anyone wanted the notice read. No one responded.
Mr. Percy Cotton was present and stated he is representing Valente
Materials Group LP in their project called Rolling Hills Planned
Development District. Mr. Cotton stated the main thrust this evening
is phase I but they will review the entire project. The project is
located off of Cary Road near the intersection of Tabor Road east of
Sysco. Access will be through the site at three locations, Cary Road,
Leibech Lane and Tabor Road. Phase I consists of 57 single family lots
with access from Cary Road into a complete loop onto Robinhill Road
and Ridgewood Drive that goes both ways into a cul-de-sac so therefore
they would not need any temporary cul-de-sacs. Mr. Cotton stated
another part of the first phase is to do the off site water from Smith
Road and run along Cary Road up to Tabor Road and in far enough to the
first house on Tabor Road. Mr. Cotton stated this would provide water
for all of the people along Cary Road and the vicinity to Tabor Road.
Mr. Cotton stated the property is divided by a ridge that runs through
on the south easterly side it slopes toward Cary Road and on the other
side it runs toward Route 9 therefore the sewage would need to be
pumped.
Mr. Cotton stated they would have gravity sewers that will serve the
entire area and flow back to a pumping station. Mr. Cotton stated the
reason the pump station is located where it is, is because there are
plans in the future for another sewer line toward the Anthony Kill.
Mr. Cotton stated storm sewer would be handled at three different
locations on the site. The initial phase will require the construction
of storm water management at two locations. Mr. Cotton stated there
are various locations shown where the wetlands are impacted by the
project. There is approximately an acre of jurisdictional wetlands
that are being impacted. There are several areas of non-jurisdictional
wetlands, which would be impacted but are not regulated by the Corp.
Mr. Cotton stated that covers most of that portion of it. The phases
will include 57 homes in phase I, 47 homes in the second phase and 37
in the third phase. When they do the third phase the water line would
be looped through and tied into the existing tank. Mr. Cotton stated
there is a provision they would install a second water tank if
necessary. Mr. Cotton stated that pretty much covers the project and
stated he would answer any questions. Mr. Watts asked if anyone from
the public wished to speak. Mr. Lee Serino of Northern Sites Drive
stated he was a little late getting in and asked whom Mr. Cotton
represented. Mr. Cotton responded Valente Materials Group LP. Mr.
Serino asked if he was an Attorney for them. Mr. Cotton responded he
is the Engineer. Mr. Serino asked if anyone from Valente was present.
Mr. Cotton introduced Mr. Valente. Mr. Watts asked if anyone else
wished to speak. Mrs. Spruce Krier of 89 Tabor Road stated she is
concerned with the entrance onto Tabor Road. Mrs. Krier stated the
road is very dangerous because of the windiness. Mrs. Krier is also
concerned about the wetland area because of the herring, ducks, wild
turkeys and would hate to see it all go away. Mr. Watts asked if Mr.
Cotton had anything to respond with. Mr. Cotton stated it is in phase
three and they would take any kind of information they are given and
work it into the overall project. Mr. Bianchino stated as part of the
GEIS they looked at trying to provide some alternatives to Route 9 so
that Tabor Road would not be used as a through road. The intent of
this road, which is in the future phase of development, is not to
provide an access for the development but to take the through traffic
that now uses Tabor Road and take it through the development and out
at the future signal on Route 9. Mr. Bianchino stated it is a future
phase and is also aware of the wetlands. Mr. Ray Shiffer, Executive
Vice-President, of Sysco Food Services of Halfmoon stated he had a
couple mild concerns. Mr. Shiffer stated they are concerned about the
safety of the residents traveling the same road as the
tractor-trailers. Mr. Shiffer is also concerned that after the
development is in the residents will complain about the noise. Mr.
Shiffer wants them to buffer around their site for the noise of both
neighbors. Mr. Shiffer is also concerned for emergency vehicles to
make sure they can get to their facility and also to the adjoining
neighbors. Mr. Shiffer would like to see everyone live as neighbors
after the project is completed. Mr. Cotton stated they did have a
traffic consultant who has looked at the entire site and they are
aware of the flows and so forth. Mr. Cotton stated with respect to the
berms and the noise, they have left a 100-foot buffer completely
around the site between any of their Industrial uses and the
residential they are bringing in and also the existing residentials.
Mr. Cotton stated they are pretty well buffered in. Ms. Velma Coleman
of Tabor Road asked about the three access roads, she knows of the
Leibech Lane access and Cary Road but asked where the third one would
be. Mr. Cotton responded Tabor Road. Ms. Coleman asked if they had an
Industrial phase or multiple uses as part of this plan. Mr. Cotton
responded it is in the area of the gravel mining but is not being
presented at this time. Mrs. Henrietta O’Grady of Church Hill Road
asked if Mr. Cotton could show on the map where the trail plan is to
date. Mr. Cotton showed the proposed trail on the map. Mr. Cotton also
stated they have made a provision where the stream crosses for a
culvert for crossing of small animals.
Mrs. O’Grady has some concern about a portion of the trail and hopes
it will get more definitive as the project moves through. Mrs. O’Grady
asked how wide they are planning the trail. Mr. Cotton responded about
5 feet. Mrs. O’Grady stated it would need to be wider, at least 8 – 10
feet. Mr. Watts asked if anyone else wished to speak. Ms. Rosemarie
Wysocki read a letter and has submitted it to the Board as (attachment
#1). Ms. Kathy Solosky of Tabor Road asked if the 57 lots would be
single-family residence, commercial or are they going to be town
houses. Mr. Cotton stated the intent is for single-family residences
with no industrial. Mr. Cotton stated he would like to comment on
something that was discussed in Ms. Wysocki’s letter. Mr. Cotton
stated they have left three large parcels called homestead lots in the
areas of the wetlands, which could be potential recharge areas. Mr.
Cotton stated the three lots are approximately 14 acres, 13 acres and
5 acres. Mr. Watts asked if anyone else wished to speak. Ms. Pat
Rushby of Tabor Road asked about the Leibech Lane entrance with Tabor
Road. Ms. Rushby is also concerned about the traffic and asked if
there was any possibility that the construction vehicles stay off of
Tabor Road. Mr. Watts asked if he could respond to her issue. Mr.
Bianchino stated they discussed the initial phases and from a
construction stand point the intent is to have the earth moving is
going to come out of the pit so it would come up the hill not having
to leave the site at all. They are going to allow as much access as
possible through from Route 9 through the site. The lumber deliveries
would have to use the main roads. Mr. Bianchino stated they also
discussed the possibility of a weight limit on tabor Road. Mr. Watts
asked if anyone else wished to speak. Mr. Dick Corp of Cary Road
stated they wanted to keep the construction vehicles off of Cary Road
and Tabor Road. Mr. Corp stated if they have the access through Route
9 there should be no reason they need to use Tabor or Cary. Mr. Corp
would like them to revisit that issue and try to keep the traffic
down. Mr. Corp also discussed the realigning of Cary Road by Angle
Road and Farm to Market. Mr. Ken VanWert of Angle Road stated he is
very concerned about adding traffic and also stated he is all for the
realigning of the road to a T intersection for his safety and everyone
else’s. Mr. VanWert is also concerned about the water tower in this
area with parties and the remains of fires and broken bottles. Mr.
VanWert is wondering who is policing this area. Mr. Watts stated any
Law Enforcement issues should be directed to them. Mr. Bianchino
stated Mr. Frank Tironi, The Director of Water, is aware of the
situation and is policing it. Mr. VanWert is also asking if there
would be any access of this development through Angle Road. Mr.
Bianchino stated the intent is not to have any access through Angle
Road. Mr. Cotton also added after this area is developed the neighbors
would not tolerate things like parties either. Mr. Johnston of Tabor
Road is also concerned about the traffic and local aquifers. Mr.
Johnston is concerned for the wells and said he is not near the
connection of the water. Mr. Steve Robinson of Cary Road agreed it
would be convenient for people to get off of exit 10 and go through
Leibech Lane up to Cary and Tabor Road. Mr. Robinson also asked how
the retention ponds are built and how much water they hold. Mr. Cotton
stated they would be dry most of the time they just take the water
from the storm. Mr. Cotton stated when the storm is over the water
would be gone. Mr. Watts asked if anyone else had any questions. Mr.
Glen LeBlanc of Tabor Road asked Mr. Bianchino if “there is nothing
that could be done” was his response for the traffic not to go to
Tabor Road. Mr. Bianchino stated his response was this particular
layout does not do anything significant to improve that condition. The
intent of the layout is to allow people to get to Route 9 without
having to go down Tabor Road to make it an easier way. Mr. LeBlanc
stated there is more that needs to be done. Mr. Lee Serino asked if
they would be hearing about the industrial tonight. Mr. Watts
responded they are only discussing phase 1. Mr. Serino asked who is
paying for the light at Route 9 & Leibech Lane. Mr. Cotton stated if
this project generates enough traffic to warrant it then the developer
would pay for it.
Mr. Serino wants to know when the light would be installed. Mr. Watts
stated when DOT warrants it. Mr. Bianchino stated at full build out in
the future it does say warrants will be met for a signal; it is just a
matter of when. Mr. Serino asked if there was any way to ask the State
to do it sooner then full build out. Mr. Serino asked when a traffic
study was done for this project. Mr. Bianchino responded less then a
year ago. Ms. Lynn LaBlanc of Tabor Road feels the issue of the
traffic on Tabor Road needs to be addressed. Mr. Johnston of Tabor
Road asked if Leibech Lane extension came at phase two. Mr. Johnston
asked where the construction traffic was going if the road is not
constructed. Mr. Cotton stated there is a gravel operation going on
now and as part of phase one they need to run the sewer line through
Leibech lane and Sysco. As part of that there would be a haul road.
Ms. Robinson of Cary Road stated last spring she timed the
construction vehicles last spring and it was about every 30 seconds
there was a dump truck at the intersection. Ms. Robinson stated she
called the Town Supervisor and he stated there was nothing that could
be done. Ms. Robinson stated there is something that needs to be done
with that. Mr. Watts closed the public hearing at 7:53 pm and asked if
any of the Board members had any comments. Mr. Watts asked if there
was a committee involved. Mr. Higgins stated at the present time he is
the only one on it but does request another member because of the
size. Mr. Nadeau volunteered. Mr. Higgins would like to set up a
meeting with the applicant to go over the comments from tonight’s
meeting. Mrs. Patenaude asked how much of the federal wetlands would
be impacted. Mr. Cotton responded it was under an acre. Mrs. Patenaude
also asked whether that included the area set aside for the
extension/realignment of Leibech and Tabor. Mr. Cotton’s reply was
that the area was included in the computations of impacted wetlands.
Mr. Watts stated this item would be tabled.
Old Business:
00.119 98 Smith Road Subdivision, Smith Road, Major subdivision. Mr.
Chauvin recused himself. Mr. Scott Lansing was present and stated they
have obtained preliminary approval from the last meeting and since
then they have submitted to DOH, DEC and Saratoga County Sewer
District. They have received comments from all of those agencies as
well as CHA and have addressed all of the comments. Mr. Lansing stated
he is requesting final approval and stamping of the plans contingent
upon addressing CHA’s final comments. Mr. Watts asked Mr. Bianchino to
respond. Mr. Bianchino stated they reviewed the final plans and they
came back with the approval letters from the appropriate agencies and
had a couple minor Engineering issues as Mr. Lansing mentioned and
they have gone through and will address them. Mr. Bianchino stated
they are ready for final approval. Mr. Nadeau asked if Mr. Bianchino
would go over the alignment of the road. Mr. Bianchino stated one of
the comments was that the applicant is willing to dedicate the land
for the T intersection that was discussed on to Farm to Market Road
but because the design is not completed yet the plan will include a
provision that either at the time the design is finalized or at the
time that the roads are to be dedicated at that point the lands would
be dedicated. Mr. Bianchino stated the applicant has agreed to that.
Mr. Berkowitz asked if there were any site distance problems. Mr.
Bianchino responded no, they looked at that early on and the curb cuts
were acceptable. Mr. Higgins asked if they should have a committee
meeting since there have been some updates before they approve the
project. Mr. Watts responded no. Mr. Bianchino stated they have gone
through the notes thoroughly and stated he would discourage the Board
for holding a committee meeting. Mr. Watts asked for a motion. Mrs.
Patenaude asked if they could thoroughly look at all of the lot lines
so they do not need to come back for lot line adjustments. Mr. Lansing
stated he would.
Mr. Roberts made a motion to approve the project contingent upon final
sign off of CHA. Mrs. Patenaude seconded. Motion carried.
02.129 Fairway Meadows, Johnson Road, Major Subdivision – GEIS. Mr.
Scott Lansing was present and stated they have obtained preliminary
approval and since then they have submitted to DOH, DEC and Saratoga
County Sewer District. They have received comments from all of those
agencies as well as CHA and have addressed all of the comments. They
were issued another letter by CHA recently and have since submitted a
response letter to CHA and believes they have addressed all of the
comments. Mr. Lansing stated he is requesting final approval and
stamping of the plans contingent upon addressing CHA’s final comments.
Mr. Watts asked if anyone from the Board had any questions. Mr. Watts
asked Mr. Bianchino if he had anything to add. Mr. Bianchino stated
they did submit a letter to Mr. Lansing last week for phase I. Mr.
Bianchino stated they did meet with Mr. Lansing and went over the
comments and he has responded in writing with a revised set of plans
addressing those comments. Mr. Bianchino stated approving it with a
contingency of final sign off from CHA is ok. Mr. Watts asked for a
motion.
Mr. Roberts made a motion to approve the project contingent upon final
sign off of CHA. Mr. Nadeau seconded. Motion carried.
02.232 NXIVM, 7 Woodin Road, Commercial Site Plan. Mr. Dan Hershberg
was present representing the NXIVM program. Mr. Hershberg stated Mr.
David Ashton the Architect was also present and also some
representatives of the program. Mr. Hershberg stated they were before
the Board several months ago and there were some comments made about
both the layout and the ingress/egress of Stone Quarry Road. Mr.
Hershberg stated based on those comments they revised the concept. Mr.
Hershberg stated the maximum height is 2 stories and is 34 feet. Mr.
Hershberg stated a portion of the building is only one story. The
gross square feet of the building is about 66,900 square feet; the
building footprint is 46,421 square feet. Mr. Hershberg stated in
order to determine the parking, they took the areas that are occupied,
such as the office, the spa and meeting rooms and gave them 5 spaces
per 1,000 square feet. The gym area and physical therapy uses would
not generate any additional parking because the people would already
be there. Mr. Hershberg stated there were a number of questions by the
Board regarding the program. The program has not changed since the
last meeting. Mr. Hershberg stated if the Board still had some
questions they could direct them to someone from the organization. Mr.
Hershberg stated the key elements in CHA’s letter was there are still
some technical issues such as sewer and water being two of them. They
are outside of the water district and also have to apply to the
Saratoga County Sewer District. Mr. Hershberg stated the parking is
how they figured it and if additional parking is deemed necessary they
could work on it. Mr. Hershberg stated there is more then ample
parking for their needs. They would have 60% greenspace. They have
provided a 50-foot buffer for the residential areas and would keep
them buffered. There was a question about the property in the rear
with the shared easement, and Mr. Hershberg stated they would be
relocating the access with a fully paved road through their site and
be maintained by the applicant. Mr. Hershberg stated that is his
presentation and asked if there were any questions. Mr. Roberts asked
what do they do. Ms. Nancy Salzman, President of NXIVM Corporation
stated they are a human Potential School. They teach people how to
maximize their potential in all fields of human experience. They
started the school as a program to develop human potential, to become
better parents, better in relationships and better in their business.
It is to allow people to become better at whatever is in their lives.
Mr. Roberts asked if it was like a retreat. Ms. Salzman responded not
so much a retreat but an education that isn’t provided in traditional
schools. It is more of a practical day-to-day learning how to do
better. Mr. Watts asked who is their clientele. Mr. Berkowitz asked
what the age range was. Ms. Salzman stated they range from mid 20’s up
to about 50’s but have had students in their 80’s. Mr. Berkowitz asked
if they are people that have been sent there for poor ethical values.
Ms. Salzman stated no it is for people who want to better themselves.
It is totally private. Mr. Watts asked how it is paid for. Ms. Salzman
stated it is private pay. Mrs. Patenaude asked where the current
facility was. Ms. Salzman responded 455 New Karner Road in Albany and
they have been there for 4 years. Mr. Berkowitz asked if there would
be childcare on site. Ms. Salzman responded yes for the clients only,
no outside children. Mr. Watts asked if they would be appropriately
licensed. Mrs. Salzman responded correct. Mr. Watts asked if this
facility was the only one of this kind. Ms. Salzman responded this is
a prototype and they would be opening other schools in the United
States and Mexico but they have not built a center yet. Mr. Berkowitz
asked how they advertise. Ms. Salzman responded it is all word of
mouth. Mr. Ruchlicki asked if they have a website. Ms. Salzman stated
it is NXIVM.com. Mr. Nadeau asked how many people at maximum would be
at the site at one time. Ms. Salzman responded they do not estimate
more then 100 – 150 people at a time. The largest training has been 88
people but the majority of the people would be coming, taking a class
and then going. Mr. Nadeau is concerned with the traffic of adding 100
cars to the Crescent Road/Stone Quarry Road area. Ms. Salzman stated
the intense training is from 8 am to 10 pm, which is off peak hours.
Mr. Nadeau stated at 8 am that is prime time for that area. Ms.
Salzman stated the classes start at 8 so they are usually there by
7:30. Mr. Berkowitz asked if they rent out the gym for outside
activities. Ms. Salzman responded no they would not. Mr. Higgins
stated this proposal is totally different then the original one. Mr.
Higgins stated there was a gym and a swimming pool. Ms. Salzman stated
they took it out. Mr. Higgins also stated there was an outside area.
Ms. Salzman stated they have also taken that area out. Mr. Higgins
stated they were previously told the gym area and the swimming pool
would be utilized by other organizations. Ms. Salzman stated they did
a study on it and found it was premature to discuss it. Mr. Watts
stated there was a committee that visited the original site and since
there have been so many changes and new questions he would like to
have the committee meet. The architect explained the scale of the
model they brought to show the board. Mr. Watts stated the committee
would discuss the architecture during their visit. Mr. Watts asked if
they were going to phase the building or do it all at once. Mr.
Hershberg responded they would do it all in one phase. Mr. Polak asked
if there would be overnight stays. Ms. Salzman responded no. Mr.
Hershberg stated that was also removed from the original plans. Mr.
Hershberg stated the two major things that were removed were the pool
and the overnight housing. Mr. Nadeau asked if the sight distance from
Stone Quarry Road was ok. Mr. Hershberg stated they are looking at
that. Mr. Watts would like the committee to meet with the applicant.
Mr. Berkowitz and Mr. Higgins will meet with the applicant. This item
was tabled.
03.117 Dunkin Donuts, 1530 Route 9, Commercial Site Plan. Mr. Watts
stated he has received approximately 60 e-mails relative to this
project. Mr. Watts stated the emails were generated from a letter that
was sent from the group “A Better Halfmoon”. Mr. Watts read the letter
that was generated by the group (attachment #2) and also a few of the
emails discussing the concerns about the architecture of the building.
Mr. Watts stated tonight is the night that the people from Dunkin
Donuts are coming before the Planning Board to show the architecture.
Mr. Watts stated before the letter was written that generated a large
number of emails castigating the Planning and Town Board he was in
contact with the architect and asked for upgraded site plans. Mr.
Watts finds it offensive they are being accused of doing these things
by an organization that either emailed them or dropped them in
mailboxes. Mr. Watts stated they are not true and the Town and
Planning Boards work very hard. Mr. Watts asked if anyone from the
Planning Board wished to speak on this matter. Mr. Nadeau stated this
Board has no ordinance against architecture and for them to require
applicants to do certain things is not in their power and feels until
there is an ordinance in place they should not do it. Mrs. Patenaude
added that it is important to hear what people have to say and their
opinions but would hope that the people were well informed before thy
make any statements that were based on untruth. Mrs. Patenaude stated
as far as the architecture, if people been informed they would have
realized it was an upcoming issue. Mrs. Patenaude stated the Board
does have to be careful on how they look at things because as Mr.
Nadeau stated there is no architecture ordinance. Mr. Roberts stated
he has spoken to many people around town and feel as he does,
diversity makes a town. Mr. Roberts stated he does not feel there
should be a big push on one type of architecture. Mr. Roberts feels
there is room for all types. Mr. Roberts stated his responsibility on
the Board is for the entire town not just one group. Mr. Berkowitz
feels they need to address the site plan, safety issues, traffic,
drainage sewer and water before they discuss the architecture. Mr.
Berkowitz stated you really couldn’t look at the architecture until
you know the building will work. Mr. Berkowitz stated to build one
type of building would make it a homogenized town. Mr. Ruchlicki
agrees with the comments of the Board. Mr. Higgins agrees also and
likes the looks of the building on Route 146 in Rexford. Mr. Higgins
agrees the developer has tried to work with the Board and feels they
will all come to a conclusion that is agreeable to everyone. Mr. Watts
stated as people can see a memorandum that was perhaps disingenuous
may have precipitated a lot of hard feeling with the people in town
that is not true. Mr. Watts stated the Board does not make random
decisions and dismiss things. They listen to whatever anyone say s and
what they want to say. Mr. Watts stated one of the emails said “We
intend to live in this town for some years to come and are now only
learning that important decisions such as this one are in the hands of
children, your shabby performance and poor communication on this
matter has awakened us and we assure you that we will be paying close
attention to every community decision from now on.” Mr. Watts stated
he spoke to the gentleman this afternoon and had a very interesting
discussion with him and learned the things they had done to this
point. Mr. Watts apologized to the people who were subjected to the
same issues and turned it over to Mr. Nolan. Mr. Greg Nolan stated his
experience with the Board has been very professional and a
straightforward experience. Mr. Nolan stated they are very happy to
work with the Board as far as the design is concerned and thanked the
Board for their work. Mr. Paul Avery was present and also thanked the
Board and they work from Maine to New York and believes this Board is
one of the most professional Boards he has worked with. Mr. Avery
stated since they were here last they went before the Zoning Board of
Appeals and received variances for the non-conforming lot width and
also the transition lot requirements. They also wrapped up the storm
water management issues with CHA and there should be a letter in the
file stating they have addressed the issues. They have also received a
letter of approval from DOT and requested they move the entrance
slightly further north about 10 feet. The overall intent of the site
plan remains the same, the truck turning movements remain the same and
that is the revisions to the site plan. They are now requesting final
site plan approval. Mr. Watts asked about the architectural designs.
Mr. Nolan stated he submitted to the Board a standard Dunkin Donuts
image and was told they would like to see different variations. Mr.
Nolan brought three different designs to show the Board, they also
brought the design of the Rexford shop. Mr. Nolan stated the building
they are proposing is 80 x 30. Mr. Nolan stated he likes the stucco
façade but wants to fit into the community. Mr. Watts asked Mr.
Bianchino if they were set. Mr. Bianchino responded yes. Mr. Nadeau
had a concern about the parking in front of the store and the incoming
traffic. Mr. Bianchino stated they would be backing up and there could
be a conflict with vehicles coming in but it is the way these sites
are. Mr. Bianchino stated they are aware of it. Mr. Avery stated it is
a 24-foot aisle. Mr. Bianchino stated the curb cut is so wide it makes
it look like there is a big opening. It is not any different then
other sites they have approved. Mr. Bianchino stated they try to
provide an island of some kind to eliminate the parking in front of
the driveway but in this case with the building being so narrow they
do have the opportunity to eliminate the parking spaces in front. Mr.
Higgins stated he has concerns about the sewage tank and the capacity.
Mr. Higgins asked Mr. Bianchino if it was sufficient. Mr. Bianchino
responded yes. Mr. Higgins asked about the time frame they had to hook
into the sewer. Mr. Bianchino stated as soon as the moratorium is
lifted. Mr. Watts stated he has asked Mrs. Patenaude to review the
architectural plans with him and she has agreed. Mr. Watts asked if
there were no other questions for a motion.
Mr. Berkowitz made a motion to approve the site plan contingent upon
the review of the architecture. Mr. Nadeau seconded. Motion carried.
New Business:
03.165 Bold-Dudek Subdivision, 155 Brookwood Road, Minor Subdivision.
Mr. Greg Bold was present and stated he is present on behalf of
himself and the partners of the Dudek Dairy Farm. Mr. Bold stated they
are attempting to subdivide four acres out of a 102-acre parcel for
the purpose of making three existing lots on Brookwood Road larger.
Mr. Bold stated the lot owned by Mr. Jeffrey Dudek is currently 1-¾
acres and they would be adding 1.12 acres to make it almost 3 acres.
The next lot is owned by Mr. Bold and is approximately 1-¾ acres and
they are looking to increase it also to 3 acres. Mrs. Barbara Dudek
owns the third parcel and they are looking to add approximately 1-½
acres to that lot to make it approximately 2-½ acres. Mr. Nadeau asked
to have the previous minutes reviewed to make sure there are no
restrictions on how many lots are subdivided. Mr. Bold stated he does
not recall that when he previously subdivided. Mr. Watts stated a
public hearing needs to be set. Mr. Bold stated he will be out of town
at the next meeting and therefore asked to have it set for a month
from now. Mr. Watts stated that would be July 28, 2003.
Mr. Nadeau made a motion to set a public hearing for July 28, 2003 at
7:00 pm. Mrs. Patenaude seconded. Motion carried.
03.166 County Waste PDD, 1927 Route 9, Addition to Site Plan. Mr. Tom
Andress was present and stated this application was a referral from
the Town Board for Modifications to the PDD. Mr. Andress stated County
Waste has approximately 20 acres that is off of Route 9. The property
is part in the Town of Halfmoon and the other part is in the Town of
Clifton Park. Mr. Andress stated they are currently operating as a
processing facility.
Mr. Andress stated they wish to continue that operation but would like
to modernize the facility. Mr. Andress stated they are proposing to
use one building for a maintenance facility, one for office space and
use the existing maintenance facility for a welding shop. They are
proposing to construct two new buildings, one is 25,000 square feet
and one is 15,000 square feet. Mr. Andress stated they have an
existing fuel station, which is located in the Town of Clifton Park,
and they are looking to relocate that. Mr. Andress stated they are
looking to upgrade the entire site. Mr. Andress stated they are also
looking to work with the adjoining property owner to connect to the
Saratoga County Sewer System they are currently on septic. Mr. Andress
stated they would like to connect to public water but it is so far
away. Mr. Andress stated they would like to develop the existing wells
with additional wells and install an underground storage water system
for their own fire protection system. Mr. Andress stated they are not
increasing anything they are only looking to get everything to work
correctly. Mr. Watts asked if anyone from the Board had any questions.
Mr. Nadeau asked what areas they are accepting waste from if it was
strictly local. Mr. Scott Earl was present and stated they do not go
out of state they service 5 counties. Mr. Nadeau asked if this would
increase traffic in this area. Mr. Andress responded there would be
some increase in traffic and they are in the process of getting a
traffic study done now that they will be presenting to the Board. Mr.
Berkowitz asked where the current sorting was. Mr. Earl stated it is
behind the building outside. Mr. Berkowitz asked if they needed to set
up any temporary storage. Mr. Earl responded no they could still
operate. Mr. Earl stated the maintenance facility is only 8,000 square
feet and there are 110 trucks. Mr. Earl stated it is impossible to
service the vehicles on three shifts so they need a bigger facility.
Mr. Berkowitz commended the applicant for how well he has kept the
site up. Mr. Watts asked if anyone had any questions. Mr. Higgins
stated he also has to commend the applicant for a top-notch facility.
Mr. Higgins stated he has seen them in Chestertown and Poughkeepsie
and also stated it is a relatively large area. Mr. Higgins stated he
would like to look at the traffic study due to the increase in
traffic. Mr. Higgins stated he has been approached by some of the
neighbors who have been concerned about rats and does not know if they
are taking precautions to prevent them. Mr. Higgins stated he is
concerned with the increasing of the size of the operation for the
increase of the effect of the neighbors. Mr. Earl stated as far as the
rats, they have a State program that is in there once a month and
Olympic Pest Control is there every two weeks and they have never seen
a rat or any trace of them on the facility. Mr. Watts stated they
would establish a committee and they would set a public informational
meeting in the future. Mr. Watts stated this would be referred to CHA.
Mr. Ruchlicki and Mrs. Patenaude will be the committee. Mr. Nadeau
asked if any of the trucks ran Tabor Road. Mr. Earl stated no, when
Kathy Marchione was on the board it was a restriction to never use
Tabor Road. Mr. Nadeau would like to have the previous minutes
reviewed because he thought there was a restriction for only local
pickups. This item was tabled.
03.167 Kinetic Towing, 159 Ushers Road, Change of Tenant & Use. Mr.
Joe Tedesco was present and stated he was before the Board about a
month ago for a proposal to sub-locate at 21 Solar Drive. Mr. Tedesco
stated he is interested in the property at 159 ushers Road because
there is a house and also a business. Mr. Tedesco is looking to solve
the issue of driving the tow trucks to his house at Werner Road. Mr.
Tedesco would like to use the house to live in and use the garage to
house the tow trucks. Mr. Tedesco stated there is a carport behind the
garage and an office they would like to tear down the carport and make
the office bigger. He would like to also make a living area for the
person on call. Mr. Tedesco stated that is what they would like to do.
Mr. Berkowitz asked if he owned the house on Werner Road. Mr. Tedesco
responded yes. Mr. Berkowitz asked what they would do with the house.
Mr. Tedesco stated his business partner would live in it for a while
or they will sell it. Mr. Nadeau asked if the people in the
Transmission shop live in the house. Mr. Tedesco responded yes. Mr.
Chauvin stated this is a pre-existing non-conforming use and Mr.
Williams has already asked him about it, Mr. Chauvin informed him he
would need to go to the ZBA for the expansion. Mr. Watts asked Mr.
Tedesco if he understood that. Mr. Tedesco stated yes, Mr. Williams
already discussed it with him. Mr. Tedesco stated they are also ok
with parking. Mr. Chauvin stated if he is going to change the site
plan he should have it done before he goes to the ZBA so they are
reviewing the correct site plan. Mr. Watts asked if anyone had any
other questions. No one responded. Mr. Watts stated this item would
need to be denied.
Mr. Berkowitz made a motion to deny the application as presented. Mrs.
Patenaude seconded. Motion carried.
03.168 Fairway Estates PDD, 41B Raylinsky Lane, Lot Line Adjustment.
Mr. Gil VanGuilder was present and stated the purpose of this lot line
adjustment to lot 41B is a portion of one on the tees of the golf
course has ended up in the rear portion of this lot. The purchaser of
lot 41B did not want to have an easement on their property for that
tee to remain. There is a tree line that was part of the existing farm
and the owner chose that to become the lot line. The new lot is .175
acres and it was .125. The remaining lands of Tanski increases to
18.75 acres. Mr. VanGuilder stated they are only there to adjust the
small portion of land. Mrs. Patenaude stated it is her understanding
the lot has not been sold yet. Mr. VanGuilder stated it has been sold
under a contractual agreement that the lot line adjustment is done
within 60 days after the sale. Mrs. Patenaude asked if they needed
some kind of documentation from the owner. Mr. VanGuilder stated he
will get an owner authorization letter. Mr. Watts stated a public
hearing needs to be scheduled.
Mr. Roberts made a motion to schedule a public hearing for July 14,
2003 at 7:00 pm. Mr. Nadeau seconded. Motion carried.
03.169 Corp Subdivision, Cary Road, Minor Subdivision. Mr. Gil
VanGuilder was present and stated the Corps currently own a little
over 8 acres of land on Cary Road where their home is. Mr. VanGuilder
stated this property also has frontage on Angle Road. Mr. VanGuilder
stated in 1974 they subdivided this lot into 2 lots. Mr. Jim Sharp
owned the land at the time. Mr. VanGuilder stated when the
predecessors of the Corps owned it they had it combined by
description. Mr. VanGuilder stated they would like to have it returned
to the original configuration. The lots would be 5.13 acres, which
would be vacant, and 2.895 acres where their home, barn and shed are.
Both lots meet the residential standards. Mr. Watts asked if there
were any questions. Mr. Higgins asked if this property was part of the
water district. Mr. VanGuilder will check into that.
Mr. Roberts made a motion to schedule a public hearing for July 14,
2003 at 7:00 pm. Mr. Berkowitz seconded. Motion carried.
Mr. Watts asked if anyone had anything else for the Board. Mrs.
Patenaude made a motion to adjourn at 9:11 pm. Mr. Roberts seconded.
Motion carried.
The next Planning Board meeting will be July 14, 2003.
Respectfully Submitted
Tara Anuszewski, Secretary
Town of Halfmoon Planning Board
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