Those present at the May 10, 2004
Planning Board meeting were:
Planning Board Members: Steve Watts – Chairman
Don Roberts – Vice Chairman
Marcel Nadeau
Rich Berkowitz
Tom Ruchlicki
John Higgins
Planner: Jeff Williams
Town Attorney: Bob Chauvin
Deputy Town Attorney: Lyn Murphy
Town Board Liaisons: Walt Polak
Mindy Wormuth
CHA Representative Mike Bianchino
Mr. Watts opened the May 10, 2004 Town of Halfmoon Planning Board
meeting at 7:00 p.m.
Mr. Watts asked the Planning Board if they have reviewed the April 26,
2004 Planning Board minutes. Mr. Roberts made a motion to approve the
April 26, 2004 Planning Board minutes with changes. Mr. Higgins
seconded. Motion carried.
Public Hearing:
04.154 Fellows Subdivision, 82 Fellows Road – Minor Subdivision
Mr. Watts opened the Public Hearing at 7:03 PM. Mr. Watts asked if
anyone from the public wished to have the Public Notice read. No one
responded. Mr. Gil VanGuilder stated the action before the Planning
Board was to create two parcels from the existing 85-acre farm parcel.
The first lot will be a 2.6-acres with the existing Fellows residence.
The second lot will be a 1.7-acre vacant parcel located between the
Fellows’ son’s auto repair garage (barn) and their daughter’s house.
The remainder of the land will be ~80-acres. The area is zoned
Residential with public water and private septic. Mr. Watts asked if
anyone from the public wished to speak. No one responded. Mr. Watts
closed the Public Hearing at 7:06 PM. Mr. Watts asked the Board for
comment. Mr. Nadeau stated he reviewed the subdivision plan and does
not see any problems with the proposal. Mr. Nadeau made a motion to
approve the Fellows Subdivision as presented. Mr. Roberts seconded.
Motion carried.
Old Business:
04.134 Forum Industries PDD, Dunsbach Road – Commercial Site Plan –PDD
Mr. Tom Andress, ABD Engineering, presented a change to the initial
site plan to gain comment from the Planning Board. Mr. Andress stated
that due to comments received from the Planning Board and from the
Public Informational Meeting, the proposed 9,600 SF
maintenance/storage building has been relocated to the back –center of
the site near the limits of the existing gravel parking area. The
re-located building will aide in buffering the adjoining residential
uses. Mr. Andress stated that the building may be orientated length
wise to allow two overhead doors to be placed on the building. There
will not be any overhead doors on the rear of the building and that
the new proposed building location will limit the use of the rear
lands of the site due to fencing to be incorporated around the
perimeter of the front part of the site. The original buffer on the
north side of the site was 25 feet but now with the re-located
building, the buffer has been increased to 70 feet with fencing. Mr.
Andress stated they have added a note to the plan stating the
applicant is willing to plant additional trees on Mrs. Champagne’s
property, if allowed by the owner, to increase the buffer and decrease
the visibility of the proposed site. Mr. Nadeau stated that Mrs.
Debenditto is the closest neighbor to where the building was initially
proposed. Mr. Andress stated by relocating the building the buffer has
been increased between the properties and the fence will be extended
to offer additional buffer. Mr. Watts stated that he feels the Board
is in agreement with the re-location of the proposed building. Mr.
Watts stated that the revision will be passed to CHA for review and
that the SEQR notification period is in process and that this item
will be tabled until the 30-day SEQR review period has ended. This
item was tabled.
New Business:
04.162 Lewis Henry Auto, 1516 Route 9 – Sign & Change to Site Plan
Mrs. Wormuth recused herself from this item. Mr. Larry Wormuth, owner
of Lewis Henry Auto Sales, presented a change to site plan and sign
application to the Board. Mr. Wormuth stated they have moved the
existing curb cut to Rt 9 further north on the site. The curb cut will
be 30 ft wide and ~22 ft from the northern property line. The
re-located curb cut was needed to have an increased separation between
Lewis Henry’s curb cut and Save More Beverage’s curb cut and to
alleviate traffic flow problems with Hayner Heights Drive, which was
directly across Rt 9 from the original curb cut. The new curb cut will
cause the loss of four parking spaces. The area of the removed four
parking spaces and the location of the original curb cut will be
turned into green space along the front of the site. The sign has been
relocated near the new curb cut and has been reduced in size. The
proposed sign is double-sided with an area of 4 ft x 12ft with a total
height of 12 ft. Mr. Roberts asked if the sign would be off of the
ROW. Mr. Wormuth stated yes. Mr. Watts stated that the Planning Board
has received a letter from a neighboring commercial business owner.
Mr. Watts stated he has reviewed the site and has asked the applicants
to approach the neighboring business owner to address the issues in
his letter. Mr. Watts feels the action before the Board is an
improvement to the site. Mr. Roberts made a motion to approve the
change to site plan and the sign application contingent on the sign
not being placed in the ROW. Mr. Nadeau seconded. Motion carried.
04.147 Ayotte Subdivision, 64 Beach Road – Minor Subdivision
Mr. Andrew Schauffert, Surveyor for Santo Associates, presented a
subdivision plan for the Lands of Kenneth Ayotte. The parcel is
9.4-acres and the proposed subdivision will create a 1-acre parcel for
the Ayotte’s residence and create the remaining 8.5-acre lot with
frontage on Beach Road. The 8.5-acre will sold to Mr. Petuske, who
wishes to build one single-family home on the proposed 8.5-acre
parcel. Mr. Schauffert stated the area is zoned Residential with
public water and private septic. Mr. Watts asked the Board for
comment. Mr. Nadeau asked what the topography is like in the area. Mr.
Schauffert stated that the grade drops off as you head east off Beach
Road. He continued that the existing houses on Beach Road has been
placed on fill and that the site may have about a 30 ft difference in
elevation between Beach Road and the lower lands where the proposed
residential site is located. Mr., Higgins asked if the existing flag
lot behind the Ayottes house was part of the original lands. Mr.
Schauffert stated that the flag lot was created in the 60’s with a 30
ft easement to gain access off of Beach Road. Mr. Higgins stated that
the proposed lot would also be considered a flag lot due to it not
having the proper frontage. Mr. Watts asked Mr. Williams if that was
correct. Mr. Williams asked what the exact year the existing flag lot
was created. Mr. Schauffert stated he could look that up in the deed.
Mr. Chauvin requested the deed for the existing flag lot be forwarded
to him for his review. Mr. Nadeau stated the applicant needs to be
aware that the proposed 8.5-acre flag lot will not be able to be
subdivided again. Mr. Nadeau stated he would look at the proposed
subdivision and if there are any concerns they will ask CHA to review
the proposed subdivision. Mr. Roberts made a motion to set a Public
Hearing for May 24, 2004. Mr. Nadeau seconded. Motion carried.
04.155 Advisor Mortgage, 4 Corporate Drive – Change of Tenant
Mr. Paul Fullum, owner of Auto Mate, appeared before the Board to ask
for a change of tenant. Mr. Fullum stated their last tenant, Exponets,
has re-located and that Advisor Mortgage is looking to move in. Mr.
Fullum stated that the proposed company is a mortgage and title
processing company. Mr. Watts asked if their was sufficient parking.
Mr. Williams stated yes, the existing office building is 10,000 with
51 parking spaces. Mr. Nadeau asked how many employees are proposed.
Mr. Fullum stated they will start out at 9 and may increase to 15. Mr.
Roberts asked how many employees were there with the previous tenant.
Mr. Fullum stated about 35. Mr. Watts asked if there was a sign
application. Mr. Fullum stated that he will submit one at a later
date. Mr. Berkowitz made a motion to approve the change of tenant
application. Mr. Ruchlicki seconded. Motion carried.
04.156 Sommers Subdivision, Pruyn Hill Road – Minor Subdivision
Mr. Joe McBride Jr. presented a subdivision plan to create two parcels
from an existing parcel located on Pruyn Hill Road. The proposed
subdivision consists of creating two lots from an existing 6.55-acre
parcel. The first lot will be 3.29-acres with 60 ft of frontage. The
second lot will be 3.27-acres with conforming frontage. Mr. Roberts
made a motion to set a Public Hearing on May 24, 2004. Mr. Berkowitz
seconded. Motion carried.
04.157 Soothe the Soul, Town Center Plaza – Change of Tenant & Sign
Mrs. Joanne Hunter presented a change of tenant and sign application
to locate in the Town Center Plaza. Mrs. Hunter stated they wish to
locate in the store that was formerly occupied by Design a Sign and
stated she would be required to reduce the area of the existing sign.
Mrs. Hunter stated the business will consists of a tanning salon and
retail sales. The retail sales will focus on relaxation therapy and
aromatherapy. The tanning salon will also provide message therapy,
whereas, the wish to bring in a licensed message therapist. Mrs.
Hunter stated there will be four employees including herself. Mr.
Watts asked if parking was adequate. Mr. Williams stated the existing
businesses do no create a lot of parking needs and there are currently
three other vacant stores for the plaza. Mrs. Hunter stated there will
be only four tanning beds. Mr. Roberts stated that the sign will be
reduced from 2 x 8 ft to 2 x 5 ft. Mrs. Hunter stated yes.
Me. Roberts made a motion to approve the change of tenant and sign
application. Mr. Nadeau seconded. Motion carried.
04.158 Bella Viaggio Hair Salon, 1859 Route 9 – Change of Tenant
Mrs. Laura Follo, owner of Bella Viagio, presented an application to
expand the storefront and add new services. Mrs. Follo stated she
received Planning Board approval to open a hair salon about 6 months
ago. She now would like to expand the business by leasing out two more
existing storefront to offer facials, manicures, pedicures and
message. Mr. Watts asked if there will be additional employees. Mrs.
Follo stated two more employees. Mrs. Follo stated she will keep all
existing signage the same. Mr. Nadeau made a motion to approve the
expansion of the store with added services. Mr. Higgins seconded.
Motion carried.
04.159 Kennedy Lane Self-Storage Facility, Kennedy Lane –Site Plan
Mr. Gil VanGuilder presented a concept site plan to add an additional
(20) 4-unit self-storage units to the existing (4) 4-unit self-storage
facility at the end of Kennedy Lane. The site is 8.93-acres. Mr.
VanGuilder stated about four years ago, Mr. Tanski gained approval for
the existing 4 self-storage buildings and there is also an existing
residential home on the site. The proposed 20 self-storage buildings
would bring the total units to 96 self-storage units. Mr. VanGuilder
stated the site will be re-graded due to the steep sand/gravel banks
associated with the site. The sand/gravel will be taken down and used
to re-grade the site to a more suitable grade to build. Mr. VanGuilder
stated that presently, due to the sandy conditions, there is very
little run-off of storm water from the site. The site will need a
storm water management area once developed. Mr. VanGuilder stated the
buildings will be vinyl sided with shingle roofs and will resemble a
residential garage. Mr., Watts asked the Board for comments. Mr.
Nadeau asked if Kennedy Lane is a Town Road. Mr. VanGuilder stated the
Town Road portion terminates at the very front of the site. The Town
Road was dedicated in the 1960’s. Mr. Chauvin asked for a copy of the
deed describing the dedicated portion of Kennedy Lane. Mr. Nadeau
questioned previously there was a discussion of a business operating
from the site with regards to the existing residential house. Mr.
Tanski and his brother-in-law Bill Cunningham bought the property. Mr.
Tanski stated the property at the time had a 100 ft ravine and was
re-graded to a safer grade. The proposal will be for the same type of
units and uses. Mr. Tanski stated that there will be no businesses
operated out of the units and that the storage units will be used
strictly for personal storage. Mr. Nadeau asked what is the zone for
the parcel. Mr. VanGuilder stated the parcel is zoned Commercial. Mr.
Higgins stated there was a dealership license on one of the units. Mr.
Tanski stated that is used for his brother-in-law and himself to hold
a DMV dealership license due to the need to have a physical location
described on the DMV permit and that it needs to be commercially
zoned. Mr. Tanski stated there are no cars worked on at the site. Mr.
Higgins questioned the steep slopes and asked if the grade could
actually be re-graded to allow buildings and to meet the DEC standards
for mining operations. Mr. VanGuilder stated that the site plan
depicts actual topography and the slope is 1:3 slopes, which is
flatter than what DEC requires. Mr. Higgins stated he is concerned
with the rear earth bank of the site and whether or not it could be
re-graded to allow building. Mr. VanGuilder stated that they are
confident that it can be done. Mr. Watts asked if there were any
architectural renderings of the proposed storage buildings. Mr.
VanGuilder stated that they do not and commented that he could take
pictures of the existing storage buildings because the new buildings
will resemble the existing buildings. Mr. Higgins asked if water or
sewer will be brought in for the proposed project. Mr. Tanski stated
no but some of the units are provided with heat. Mr. Higgins asked if
there would be an office, which would need utilities. Mr. Tanski
stated no. Mr. Nadeau asked what are the hours of operation. Mr.
Tanski stated there would be no hours of operation. Mr. Nadeau asked
if the neighboring residents will be affected by allowing operation
the facility all hours of the day. Mr. Tanski stated that there are
three neighbors on one side, which one they rent to. Mr. Higgins
stated there are apartments on the other side. Mr. Tanski stated yes.
Mr. Ruchlicki asked if the apartment tenants use the existing facility
for their storage. Mr. Tanski stated no. Mr. Berkowitz asked if there
was going to be any type of security features. Mr. Tanski stated no
and that they have not had a problem with security issues with the
existing facility. Mr. Chauvin asked who maintains the portion of
Kennedy Lane where the dedicated portion ends. Mr. Tanski stated he
does and added that it helps the Town out by providing a turn around
area for the trucks. Mr. Watts stated this item will be referred to
CHA for review. Mr. Roberts questioned the need for a Public
Informational Meeting. The Board agreed to have CHA review and
possibly receive additional information before deciding on whether or
not to hold a Public Informational Meeting. Mr. VanGuilder asked Mr.
Bianchino if he would like more information or whether to review the
concept plan. Mr. Bianchino stated that he understood the concept plan
was presented to gain initial comment from the Board and if the Board
is comfortable with the proposal, he would like to see additional
plans such as grading, storm water and such. Mr. Higgins asked if the
site was finished being mined. Mr. Tanski stated more material would
need to be removed in order to build. Mr. Nadeau asked if the road
width was up to standard. Mr. VanGuilder stated the lower Kennedy Lane
is but near the site it narrows adding it is a safe passage for
emergency vehicles. Mr. Higgins stated is concerned with storm water
run-off conveying down Kennedy Lane and into the stream at the bottom
stating he further understands it is not all due to the existing site
but suggested the Highway Department look into it. Mr. VanGuilder
stated that the first thing for the development of the site would be
to develop the storm water management area and grade so that it would
not increase the run off of Kennedy Lane. This item was tabled for CHA
review and additional plans to be submitted.
04.161 Mike Abele Subdivision, Boyack Road – Major Subdivision
Mr. Tom Andress stated that the proposal before the Board is to create
a Town Road with six residential lots. The site will have a storm
water management area and an area across Boyack Road to be dedicated
to the Town as well as the Road. Public water and public sewer will
service the site. The storm water management area will have culverts,
piping and a detention basin. Mr. Berkowitz asked if there will be a
“no cut” buffer area. Mr. Andress stated yes, there will be a 70 ft no
cut zone in the rear and a conservation easement along the north west
of the site. Mr. Higgins stated there have been several storm water
basins designed and asked if the larger one was still being proposed
due to the concern of water run-off from the hill. Mr. Andress stated
the easement areas are the same to add landscape plantings around the
basin but the basin itself has been reduced in size to serve the
proposed 6-lot subdivision. Mr. Andress stated the storm water
management area will meet the State’s requirements for the proposed
development. Mr. Ruchlicki asked how deep is it. Mr. Andress stated
the basin has the micro-pool and the fore bay, which is about 4 ft
deep and the basin itself is about 6ft deep but was not sure of the
water elevation. Mr. Watts stated the storm water report will be
referred to CHA for review. Mr. Watts asked Mr. Chauvin to give some
clarification to the Supreme Court action regarding this application.
Mr. Chauvin stated, “to clarify, the plan that is in front of you is a
result of several conferences with Supreme Court Justice Ferradino and
the applicant and his attorney in connection to the Article 78 that
was brought against the Board. After those conferences and with the
input from the judge and a lot of thought and consternation of the
Planning Board Chairman this was the end product with all of the
meetings with Judge Ferridino with a result of a stipulated order that
is subject to a Public Hearing and review and approval by the Town’s
engineers. It was the result of numerous discussions, some lively
discussions, but this is the end product of those discussions which
resulted in Judge Ferridino’s order in connection with the Supreme
Court proceeding. If it meets the engineering and technical aspects of
the code then it will be approved by the Board. If it does not then it
would not be approved. There is some culvert work that the applicant
is required to undertake as part of the Court’s Order, which, again,
is part of the Supreme Court stipulation. The Board is required to set
a Public Hearing and move forward with this subject only to Mr.
Bianchino’s review and approval of the technical aspects of it
presumed by the court order of Judge Ferridinos.” Mr. Roberts made a
motion to set a Public Hearing for the May 24, 2004 Planning Board
meeting. Mr. Nadeau seconded. Motion carried. Mr. Roberts asked if Mr.
Chauvin would state the requirements of the Supreme Court order at the
Public Hearing.
04.164 Riberdy Subdivision, Devitt Road – Minor Subdivision
Mr. Greg Riberdy presented a subdivision proposal to create a flag lot
from an existing 4.2-acre parcel off of Devitt Road. The proposed lot
will be for a single-family residential use. Mr. Riberdy stated a
portion of the action involves lands in the Town of Waterford. Mr.
Nadeau asked if they have the required 20 ft for the lot. Mr. Williams
explained that there is a separate action involving the land to the
south to obtain a “sliver” of land to have the required 20 ft frontage
for a flag lot. Mr. Nadeau asked if there is public water. Mr. Riberdy
stated yes. Mr. Nadeau asked where the septic will be located. Mr.
Riberdy pointed to the area and stated they performed a percolation
test and it will need to be a “fill system”. Mr. Nadeau stated they
need to represent the area on the map to ensure there is proper
separation. Mr. Nadeau stated he would review the application.
Mr. Nadeau made a motion to set a Public Hearing for the May 24, 2004
Planning Board meeting. Mr. Roberts seconded. Motion carried.
Mr. Roberts made a motion to adjourn the May 10, 2004 Planning Board
meeting. Mr. Berkowitz seconded. Motion carried.
