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Planning Board Minutes - May 24, 2004
Those present at the May 24, 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 24, 2004 Town of Halfmoon Planning Board
meeting at 7:01 PM.
Mr. Watts asked the Planning Board if they have reviewed the May 10,
2004 Planning Board minutes. Mr. Roberts made a motion to approve the
May 10, 2004 Planning Board minutes contingent on recommended changes.
Mr. Nadeau seconded. Motion carried.
Public Hearings:
04.147 Ayotte Subdivision, 64 Beach Road – Minor Subdivision
Mr. Watts opened the Public Hearing at 7:04 PM. Mr. Watts asked if
anyone from the public wished to have the Public Hearing notice read.
No one responded. Mr. Schauffert, the land surveyor, presented the
proposed subdivision plan consisting of subdividing a 9.4-acre parcel
into two parcels and that the area is zoned R-1. The first parcel will
be 0.92-acres with the existing Ayotte residential unit and the other
parcel will be a vacant 8.5-acre parcel. Mr. Schauffert stated the
proposed 8.5-acre parcel would be sold the Mrs. Petuske in order for
them to build one single-family residence on the proposed parcel. Mr.
Schauffert stated the 8.5-acre parcel would be considered a flag lot
due to the proposed parcel not meeting the required lot frontage on a
Town road. Mr. Schauffert stated that at the May 10, 2004 Planning
Board meeting, a question of the existence of a lot behind the
existing Ayotte home appeared to be a flag lot. Mr. Schauffert stated
that the rear lot behind the Ayotte’s home was created before 1967 and
pre-existed to the Town’s Zoning Laws. 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 comments. Mr.
Nadeau stated that he noticed the area where the proposed driveway was
to access off of Beach Road drops down and that a large amount of fill
may be needed. Mr. Bianchino stated the applicant has been in contact
with the Town’s Highway Department and the construction of the
driveway has started. Mr. Bianchino stated that there are two drainage
patterns that convene at the location just north of the proposed
driveway. The first drainage corridor conveys water easterly through
an existing culvert crossing Beach Road located north of the proposed
driveway. The second drainage corridor conveys water in a northerly
direction down the east side of Beach Road and meets at the existing
culvert crossing Beach Road. The proposed driveway will need a
crossing culvert to convey the drainage coming from the north to the
existing drainage on the north side of the proposed driveway. Mr.
Petuske stated that he talked with the Town’s Highway Superintendent
and that they have placed a crossing culvert under the proposed
driveway. Mr. Finkelstein, 48 Beach Road asked if he could ask a
question. Mr. Watts asked if Mr. Finkelstein was present when he
opened the Public Hearing and when he asked comments from the public.
Mr. Finkelstein stated yes but it happened quickly and was unable to
respond. Mr. Watts asked the Board and Council if they were willing to
re-open the public comment period. The consensus of the Board
responded yes. Mr. Watts re-opened the Public Hearing at 7:10 PM. Mr.
Finkelstein stated he has three concerns. Mr. Finkelstein stated that
the surveyor moved the existing boundary markers on his property and
of others in the neighborhood. Mr. Finkelstein stated that the
applicant has already started constructing the driveway for the
proposed lot. Mr. Finkelstein stated the drainage work and the culvert
are located on his property. Mr. Schauffert stated there was no pins
moved, that they found three of the four pins to Mr. Finkelstien’s
property and the location of the existing culvert is not on Mr.
Finlelsteins’ property. Mr. Petuske stated that the Town required a
catch basin and that the location of the catch basin is about two feet
from the road. Mr. Schauffert stated it is in the Town’s ROW. Mr.
Watts asked if anyone else from the public wished to speak. No one
responded. Mr. Watts re-closed the Public Hearing at 7:14 PM. Mr.
Ruchlicki asked Mr. Finkelstein if he ever had his property surveyed.
Mr. Finkelstein stated it was surveyed at the time of purchase. Mr.
Nadeau asked if he has a copy of he survey. Mr. Finkelstein stated
yes, but it is not with him and he could give a copy to the Board. Mr.
Chauvin stated that it is the position of the Town and the Planning
Board that disputes between private property boundaries are civil
disputes and that those issues must be acted on between the two
parties. Mr. Chauvin asked to have two weeks to determine the location
of the proposed culvert and would like to have the Highway
Superintendent to review whether or not the culvert is in the Town’s
ROW. Mr. Chauvin stated that if the culvert is in the Town’s ROW then
there is no issue other than the proper permits are obtained that are
required by the Highway Department to work in the ROW. Mr. Bianchino
asked the surveyor where the culvert is located. Mr. Schauffert stated
that he is not aware of the location of the proposed culvert but would
create an “as built” for the next Planning Board meeting.
This item was tabled for the creation of an “as built” map and the
review of the location of the culvert under the proposed driveway.
04.156 Sommers Subdivision, Pruyn Hill Road – Minor Subdivision
The applicant was not present. The Board cancelled the Public Hearing.
The applicant will be required to appear before the Board to
re-schedule the required Public Hearing in order to proceed with the
proposed subdivision application.
04.161 Mike Abele Subdivision, Boyack Road – Major Subdivision
Mr. Watts opened the Public Hearing at 7:17 PM. Mr. Watts asked if
anyone from the public wished to have the Public Notice read. The
public responded yes. Mr. Watts read the Public Notice. Mr. Tom
Andress stated the original proposals were for a 14-lot and a 10-lot
subdivision and now is present for a proposed 6-lot subdivision. The
area is ~15-acres and will have a Town road named “Williams Way”. The
lots will range from ¾-acre to 5-acres. Public water and sewer from
the Town of Clifton Park will service the proposed subdivision. Mr.
Andress stated that the initial submission for the proposed 6-lot
subdivision had a smaller storm water retention basin than what was
proposed for the 14 and 10-lot subdivisions. The applicant has revised
the storm water management area to have the same size retention area
as was proposed for the 14-lot subdivision. The larger retention area
will hold more volume of storm water to alleviate the run-off issues.
Mr. Andress stated that the Town of Halfmoon Highway Department has
recently replaced a single 12-inch culvert, under Boyack Road, with
two 12-inch culverts. Mr. Andress stated that they have placed a note
on the subdivision plan that they will work with the Town of Clifton
Park and improve another existing culvert, which runs under Boyack
Road in the Town of Clifton Park. Mr. Watts asked Mr. Chauvin for a
statement on the recent Court’s decision regarding this proposed
subdivision. Mr. Chuavin stated the Court decision is finalized which
is the result from numerous conferences between Mr. Abele’s attorney
and himself. Mr. Chauvin stated that he believed ultimately that the
request would have been dismissed which would allow Mr. Abele to bring
in a plan asking for more lots. Due to discussions with the Board, the
engineers and with Judge Ferradino, Mr. Chauvin suggested to the Board
to agree for the allowance of 6 new lots so that the Board would be
able to control the future developability of the parcel. Mr. Chauvin
stated that he believes the agreement for the 6-lots is consistent to
what the Board would want with regards to the development of the
parcel.
Mr. Watts asked if anyone from the public wished to speak. Mrs. Inge
Parlo, 139 Boyack Road, stated she has some questions. Mrs. Parlo
thanked the Board for their efforts of containing the total number of
lots on the property. Mrs. Parlo asked if any of the proposed 6-lots
would be able to be further subdivided in the future? Mr. Chauvin
stated the applicant has agreed not to subdivide the properties any
further. Mr. Chauvin cautioned that Town Law does not limit the people
to what they can do with their property. Mr. Chauvin stated a
subsequent owner to the parcels would be allowed to appear before the
Board to further subdivide. Mr. Chauvin stated that he cannot see this
present Board allowing any further subdivision of the lands but in the
future it may happen. Mrs. Parlo asked the applicant if the land would
be sold to the developer? No response. Mrs. Parlo asked if the two
original existing lots could be subdivided further? Mr. Chauvin stated
the property owner is allowed to bring an application before the Board
if he wishes. Mrs. Parlo asked which lot will be Mr. Abele’s lot. Mr.
Watts stated he does not believe it is the proper forum for that
question. Mrs. Parlo stated who will be the builder for the lots? No
response. Mrs. Parlo asked how the water will be conveyed to the storm
water detention area – above or below ground? Mr. Andress stated it
will be overland flow to the proposed Town Road and then piped to the
detention basin and released to culvert going across Boyack Road. Mrs.
Parlo stated that the 70 ft buffer for the Northway seems inadequate.
Mrs. Parlo asked how will the buffer be protected? Will it be up to
landowner? Mr. Watts stated that is correct, that is the plan and that
is what we agreed to. Mrs. Parlo asked what is to prevent the owners
of lots 5 and 7 of clearing their land. Mr. Andress stated there is a
conservation easement that does not allow any disturbance. Mrs. Parlo
asked if there is a difference between a conservation easement and a
no cut preservation easement? Mr. Andress stated they are basically
the same. Mrs. Parlo asked that means no one can touch the areas or
build in the areas. Mr. Andress stated that is correct. Mrs. Parlo
asked if Boyack Road is planned to be widened or improved. Mrs. Parlo
stated the road is crumbling. Mr. Polak stated that he will ask
Highway to look into it but it is not in this year’s budget. Mr.
Bianchino stated the applicant responded to their May 19th letter. The
one issue is to ensure that the drainage from the rear of lots does
make it to the basin. The applicant has enlarged the basin and will
review the orifice on the culvert that will exit the basin. Mr.
Bianchino stated that the applicant will work with Clifton Park with
regards to the culvert in that town. Mr. Chauvin stated to be
consistent with the court order, any approval from the Board will be
subject on our engineer’s sign off and also the conservation/no cut
buffer easement language reviewed by the Town’ s Attorney prior to
stamping of the plan and a time/stamped copy of the declaration which
will be filed with the County Clerk. Mr. Roberts asked if there is a
water agreement in place. Mr. Andress stated it is still before the
Town of Clifton Park Town Board. Mr. Watts asked for a motion.
Mr. Roberts made a motion to approve the subdivision contingent on a
water agreement with the Town of Clifton Park is obtained, CHA
sign-off on the project and the review and acceptance of the language
for the conservation easement/no cut buffer by the Town’s attorneys.
Mr. Nadeau seconded. Motion carried.
04.164 Riberdy Subdivision, Devitt Road – Minor Subdivision
Mr. Chauvin recused himself from this item. Mr. Watts opened the
Public Hearing at 7:34 PM. Mr. Watts asked if anyone from the public
wished to have the notice read. No one responded. Mr. Steve Elsbree,
land surveyor, presented a plan to subdivide an existing 4.2-acre lot
with an existing dwelling unit on it. The proposed subdivision will
create a 3.32-acre parcel that will have public water and private
septic. The proposed parcel will be a flag lot and used for a
single-family dwelling. There will be a sliver of land obtained from
the applicant’s father to create the required 20’ frontage for a flag
lot. Mr. Watts asked if anyone from the public wished to speak. Mrs.
Barbara Dudek, Dudek’s Dairy, stated that there are 14-acres owned by
the Dudeks and behind the proposed subdivision, which is landlocked.
Mrs. Dudek stated that Mr. Chauvin represents the Dudek Dairy and was
to review the proposed subdivision with regards to the landlocked
parcel. Mrs. Murphy stated the Mr. Chauvin has recused himself from
this item and that she is recommending to the Board to table the
action for review over the matter. Mr. Elsbree stated the action
before the Board is to subdivide an existing parcel and has nothing to
do with the landlocked parcel. Mr. Watts asked if anyone else wished
to speak. No one responded. Mr. Watts closed the Public Hearing at
7:41 PM. Mr. Elsbree stated that there should be no concerns. Mr.
Watts stated that there has been a new map handed out tonight. Mr.
Elsbree stated the new map shows the proposed house, driveway and
septic but the boundaries are the same and the parcel has existed
since 1996. Mrs. Murphy stated that one concern is the landlocked
parcel, which she will review, and comment back to the Board. The
second concern is that the one map has two actions, the subdivision of
the lands of Greg Riberdy and a conveyance of land from the lands of
Frank Riberdy. Mrs. Murphy stated the applicant needs to provide
documentation on both proposals.
This item was tabled to review the land locked parcel and correct
documentation of what is being proposed.
Old Business:
03.214 Ciepiela Subdivision, Staniak Road – Major Subdivision
Mr. Humilston, a land surveyor, presented plans for a subdivision of a
27-acre parcel with frontage on Staniak and Johnson Road. The proposed
subdivision will create a 1-acre parcel with frontage on Staniak Road.
The area is zoned agricultural-residential with private septic and
well water. Mr. Humilston stated this proposal was in front of the
Board in November. He was directed to change the application to a
Major Subdivision and show a future master plan for the possible
development of the remaining lands. Mr. Humilston stated he has
submitted a major subdivision application and showed the possible
remaining subdivisions of the land. Mr. Berkowitz asked if the rear
lands are to be landlocked if the future subdivision occurs. Mr.
Humilston stated that there could be three more future subdivisions
with one of the future lots obtaining the rear land. The land in the
rear will not be landlocked. Mr. Nadeau stated the history of the
subdivisions of the land for the Lands of Ciepelia has been pieced
mealed through out the years. Mr. Nadeau stated Mr. Ciepelia has a
large parcel on the other side of Johnson Road. Mr. Nadeau stated if
those lands are to be subdivided than the Board will need a master
plan for the possibility of how the land could be subdivided at that
time. Mr. Higgins stated that the applicant will be required to pay
the GEIS mitigation fees at the time the fifth lot is created during
the time when the GEIS has been approved. Mr. Higgins asked if there
was any thought to hook up the existing parcels to the Town’s water
system.
Mr. Roberts made a motion to set a Public Hearing for the June 14,
2004 Planning Board meeting. Mr. Ruchlicki seconded. Motion carried.
04.130 Kielty Subdivision, 185 Brookwood Road – Minor Subdivision
Mrs. Kelly Dickinson, daughter of the Kielty’s, was present to create
a second flag lot on the existing 3.41-acre parcel. Mrs. Dickinson
stated they were granted relief from the ZBA to allow a second flag
lot to be created contingent on the front lot conforming to 40,000 SF
for a two-family unit due to the existing dwelling having an in-law
apartment. The applicant stated they have revised the subdivision plan
showing the conforming front lot.
Mr. Roberts made a motion to set a Public Hearing for the June 14,
2004 Planning Board meeting. Mr. Berkowitz seconded. Motion carried.
New Business:
04.163 Old Dublin Inn, 130 Meyers Road – Addition to Site Plan
(Tentative)
Mr. Higgins recused himself from this item. Mr. Bill Byrne, owner of
the Old Dublin Inn, was present to discuss the idea of placing a deck
on the existing restaurant. Mr. Byrne stated that the improvements are
in place such as the additional parking area for 58 spaces, the site
is one-way by entering off of Farm to Market Road and exiting out to
Myers Road, the fence is in place, trees have been relocated, signs
have placed, the drainage swale is created, and the dumpster is
relocated. The only things that remain is the dumpster enclosure and
the sign stating ‘patrons only” to cut down of the “short cuts”
through the site. The deck will be 33ft by 43 ft. Mr. Byrne stated
that he is here tonight to discuss the proposal before appearing
before the ZBA. Mr. Watts asked if there have been any parking issues
recently. Mr. Byrne stated the parking improvements have been in place
for a week and seems to be helping. There have been no cars parked on
the road since. Some park in front of the barn and Mr. Byrne stated
that they could place barriers near the barn if the owner would allow
it. Mr. Watts asked him to look into that. Mr. Watts asked if there
are any issues with the septic system. Mr. Byrne states that the
septic is pumped out about twice a month. Mr. Ruchilicki asked if
there were leach fields associated with the septic tank or is it a
holding tank. Mr. Byrne stated there are two septic tanks with leach
fields. Mr. Watts asked if the looked into the sewer line. Mr. Byrne
stated he would need to pump up the top of hill and understood
Stewarts may need also to hook up which would be beneficial to partner
in the aspect. Mr. .Berkowitz asked how many tables would be on the
deck. Mr. Byrne stated 8 tables with four chairs. Mr. Berkowitz asked
if there was to be any entertainment on the deck. Mr. Byrne stated
that he would place speakers on the deck and have the entertainment
inside. Mr. Watts asked if there are any residents nearby. Mr. Roberts
stated up the hill. Mr. Watts stated that the Board would not want to
have music outside. Mr. Byrne stated OK. Mr. Berkowitz asked if there
would be a bar outside. Mr. Byrne stated a service bar but not one you
sit down at. Mr. Byrne stated the liquor license would need to be
changed because the alcohol will be outside. Mr. Berkowitz asked about
the two-tiered deck. Mr. Byrne stated due to the existing doors are
higher than the decks floor. Mr. Watts stated that the applicant has
been denied a building permit and will be appearing before the ZBA.
04.165 Upstate Ultrasonic Cleaning, 1701 Star Plaza – Sign
Mr. Chris Bluvas, owner of Upstate Ultrasonic Cleaning, is proposing
to replace the existing storefront sign with his business sign with
the same dimensions of 3.3ft x 8ft. Mr. Bluvas stated he understands
that the owner of the plaza may upgrade the plaza and submit a more
uniform sign package sometime in the future. Mr. Bluvas stated it will
be temporary until the time the owner brings in a whole sign package
for the plaza. Mr. Roberts asked if the sign will be lit. Mr. Bluvas
stated no.
Mr. Roberts made a motion to approve the sign as presented. Mr. Nadeau
seconded. Motion carried.
04.166 Halfmoon Mobil Car Wash/Coin Laundry, 1592 Rt. 9 – Sign
Mr. Steve Weekes stated they are asking for 249 SF of signage for
their recently approved carwash and Laundromat facility. Mr. Roberts
stated the applicants are looking for a 17 ft tall freestanding sign
and believes that is too tall. Mr. Roberts stated they are on Rt 9 and
the sight distance is good and believes a 10 ft sign would suffice.
Mr. Weekes stated the reason for the proposed height of the sign is to
match up with the gas stations freestanding sign. Mr. Weekes stated
there are to be two uses on the freestanding sign and to incorporate a
reader board. Mr. Roberts asked the sign to match up to other signs in
the area. Mr. Weekes asked Mr. Bianchino asked if the sign is shorter
would it affect sight distance for patrons exiting the site. Mr.
Bainchino stated he does not believe so. Mr. Roberts suggested to meet
with the applicants. Mr. Watts stated this item will be tabled and
placed on the next Planning Board meeting.
04.167 Prospect Meadows, Summerfield Circle; Lots 18, 20, 22, 24, 26 &
28 – Lot Line Adjustment
04.168 Prospect Meadows, Outlook Drive North; Lots 1, 3, 9, 11, 13
& 15 an Highview Way; Lots 2, 4, 12, 14 & 16 – Lot Line
Adjustment
Note: The following two items are related. Mr. Chauvin recused himself
from this application. Mr. Gil VanGuilder presented several proposed
lot line adjustments for the Farm to Market PDD (Prospect Meadows).
Mr. VanGuilder stated the proposed lot line adjustments are needed to
accommodate the style and structure of homes, which Belmonte Builders
are building. Mr. VanGuilder stated they took a comprehensive approach
to looking at all of the lots in Prospect Meadows development and
brought in the proposed lot line adjustments, as a whole instead of
individually bringing in each needed lot line adjustment. Mr.
VanGuilder stated the proposed lot line adjustments will be as
follows:
Summerfield Circle:
Lot 18’s original area is 12,487 SF, whereas the proposed lot line
adjustment will create a 12,915 SF lot.
Lot 20’s original area is 10,315 SF, whereas the proposed lot line
adjustment will create an 11,938 SF lot.
Lot 22’s original area is 10,647 SF, whereas the proposed lot line
adjustment will create a 12,331 SF lot.
Lot 24’s original area is 10,784 SF, whereas the proposed lot line
adjustment will create a 12,590 SF lot.
Lot 26’s original area is 12,149 SF, whereas the proposed lot line
adjustment will create a 12,166 SF lot.
Lot 28’s original area is 20,101 SF, whereas the proposed lot line
adjustment will create a 14,518 SF lot.
Outlook Drive North:
Lot 1’s original area is 20,146 SF, whereas the proposed lot line
adjustment will create a 20,775 SF lot.
Lot 3’s original area is 10,392 SF, whereas the proposed lot line
adjustment will create an 11,085 SF lot.
Lot 9’s original area is 11,314 SF, whereas the proposed lot line
adjustment will create an 11,866 SF lot.
Lot 11’s original area is 10,712 SF, whereas the proposed lot line
adjustment will create an 11,344 SF lot.
Lot 13’s original area is 10,842 SF, whereas the proposed lot line
adjustment will create an 11,524 SF lot.
Lot 15’s original area is 9,832 SF, whereas the proposed lot line
adjustment will create a 17,605 SF lot.
Highview Way:
Lot 2’s original area is 20,053 SF, whereas the proposed lot line
adjustment will create a 20,474 SF lot.
Lot 4’s original area is 10,125 SF, whereas the proposed lot line
adjustment will create an 11,041 SF lot.
Lot 12’s original area is 10,670 SF, whereas the proposed lot line
adjustment will create an 11,425 SF lot.
Lot 14’s original area is 10,168 SF, whereas the proposed lot line
adjustment will create a 10,323 SF lot.
Lot 16’s has been removed to create the larger proposed Lot 15 of
Outlook Drive North.
Mr. VanGuilder stated the original subdivision created 72 lots. Of the
72 lots, 27 lots were under 20,000SF in size and 45 lots over 20,000
SF, which calculates to 37.5% under the conforming lot size and 62.5%
over conforming lot size. The proposed lot line adjustments will
create a loss of one lot for a total of 71 lots. The non-conforming
lot sizes to conforming lot sizes ratio will remain the same. Mr.
VanGuilder stated that Saratoga County Sewer District #1 did not want
the proposed 20 ft wide ROW along Farm to Market PDD and asked for a
10 ft ROW. Mr. VanGuilder stated that there is one drainage swale
adjacent to Lot 15 Outlook Drive North will be relocated to another
catch basin on the road than what was originally proposed. Mr.
Bianchino asked if the catch basin in which the drainage swale is to
connect was in a dedicated portion of the roads. Mr. VanGuilder stated
yes. Mr. Nadeau asked if the area from the removed (loss) lot was
re-distributed amongst the other lots. Mr. VanGuilder stated yes.
Mr. Berkowitz made a motion to set a Public Hearing for the June 14,
2004 Planning Board meeting. Mr. Ruchlicki seconded. Motion carried.
Mr. Roberts made a motion to adjourn the May 24, 2004 Town of Halfmoon
Planning Board meeting at 8:18 PM. Mr. Berkowitz seconded. Motion
carried.
Respectfully Submitted,
Jeffrey R. Williams
Town Planner
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