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Planning Board Minutes - December 13, 2004
Those present at the December 13, 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
Deputy Town Attorney: Lyn Murphy
Town Board Liaisons: Walt Polak
CHA Representative: Mike Bianchino
Mr. Watts opened the December 13, 2004 Planning Board
Meeting at 7:01 pm. Mr. Watts asked the Planning Board
Members if they have reviewed the November 8, 2004 Planning
Board Minutes.
Mr. Higgins made a motion to approve the November 8, 2004
Planning Board Minutes. Mr.
Berkowitz seconded. Motion carried.
Mr. Watts asked the Planning Board Members if they have
reviewed the November 22, 2004 Planning Board Minutes.
Mr. Higgins made a motion to approve the November 22, 2004
minutes with changes. Mr. Berkowitz seconded. Motion
carried.
Public Hearings:
02.218 PH Sheldon Hills PDD, Route 146 – Major Subdivision-PDD
Mr. Watts opened the Public Hearing at 7:04 pm. Mr. Watts
asked if anyone would like to have the Public Notice read.
No one responded. Mr. Gordon Nicholson of Environmental
Design presented a residential Planned Development District
(PDD) located on Route 146 across the Vosburgh Road
intersection. Mr. Nicholson stated he has been representing
Abele Builders and the Michael’s Group known as A&M Holdings
over the past two years. Mr. Nicholson stated that he would
give a brief overview of the proposed PDD. Mr. Nicholson
stated that the subdivision consists of 215-acres of land
with approximately 107-acres or 50 percent of the site would
be open space. Mr. Nicholson stated that the layout consists
of 323 units. Mr. Nicholson stated that part of the project
is in the GEIS area and the remaining portion of the project
is outside. Mr. Nicholson stated that the applicants have
agreed to contribute to the Town approximately $935,000 in
mitigation fees. Mr. Nicholson stated that there would be
approximately 1,400 linier feet of public road. Mr.
Nicholson stated that a private road in Phase III would be
owned and maintained by the Homeowner’s Association who will
also own and maintain the open space. Mr. Nicholson stated
that there would be a clubhouse, pool, tennis courts and
other recreational facilities. Mr. Nicholson stated that
Creighton Manning has completed a traffic study and they
have agreed to construct left turn lanes in the north and
southbound lanes of Route 146 before the first CO. Mr.
Nicholson stated that DOT has recommended at 75 percent
occupancy there would be traffic signal installed. Mr.
Nicholson stated that DOT and CHA have recommended that
various stages of the project be monitored depending on
activity in the surrounding areas. Mr. Nicholson stated that
DOT and CHA recommend that if the traffic study suggests
that the traffic signal be installed before 75 percent
occupancy, the applicants will do so. Mr. Nicholson stated
that CHA had expressed some concern regarding some lots in
terms of visual impact that was discussed with the Planning
Board and the Town Board. Mr. Nicholson stated that the
applicants have agreed to limit the houses along that edge
of the slope as well as adding a no cut buffer. Mr.
Nicholson stated that there would be single-family homes
along the Route 146 corridor. Mr. Nicholson stated the PDD
would be 3 Phases to be completed in approximately 5 years.
Mr. Nicholson stated there would be a public multi-use path
that will run along the edge of site and a private multi-use
path throughout the development. Mr. Nicholson stated the
CHA was provided with an update set of plans that they
believe addresses the concerns. Mr. Nicholson stated that he
is before the Planning Board to ask for preliminary approval
on the project. Mr. Watts asked if anyone from the public
wished to speak. Ms. Cheryl Decker of 275 Upper Newtown Road
asked if there would be green space and an access road along
Upper Newtown Road. Mr. Nicholson stated there would be
green space and the access road has been eliminated. Ms.
Decker inquired if water would be brought in from Vosburgh
Road. Mr. Nicholson stated that water would be brought in
from Vosburgh Road and the project would be connected to the
sewer trunk line on Route 146. Mr. Watts closed the Public
Hearing at 7:09 pm. Mr. Berkowitz asked if an emergency exit
was still proposed. Mr. Nicholson stated that there would be
an emergency access in a common area near the multi-use path
that would be maintained by the Homeowners Association. Mr.
Watts asked Mr. Bianchino if he had additional information.
Mr. Bianchino stated that a majority of the comments that
CHA raised regarding the buffering along Route 146 and storm
water management have been addressed. Mr. Bianchino stated
he had just received the information today and would review.
Mr. Higgins asked if Mr. Chauvin needed to review the
Homeowners Association legislation. Mrs. Murphy stated that
there will be adequate time to review the legislation before
the project is started. Mr. Higgins stated for the record
that it would be the applicant’s responsibility for the
total cost associated with the traffic signal and traffic
improvements.
Mr. Roberts made a motion to grant preliminary approval
contingent upon NYSDOT, NYSDOH, NYSDEC and the County Sewer
District #1 review and satisfaction of CHA’s concerns. Mr.
Nadeau seconded. Motion Carried.
04.191 PH Campbell Subdivision, 405 Hudson River Road –
Minor Subdivision
Mr. Watts opened the Public Hearing at 7:11 pm. Mr. Watts
asked if anyone would like to have the Public Notice read.
No one responded. Mr. John Campbell, who is representing
Dewitt Campbell, proposes to separate two existing
residential units on a 0.81-acre parcel located at 405
Hudson River Road. Mr. John Campbell proposes the 0.81-acre
parcel be subdivided into two lots. Mr. John Campbell stated
that on each parcel there is an existing single-family home.
Mr. John Campbell stated that on July 12, 2004 the Planning
Board referred him to the Zoning Board of Appeals to obtain
variances as the two proposed lots did not meet the minimum
lot area and not having road frontage. Mr. John Campbell
stated on November 1, 2004 the ZBA granted approval on the
requested variances. Mr. John Campbell stated the issue with
the road frontage was mitigated by the fact that the parcels
are provided access by 15-foot ingress/egress that is deeded
into the existing deeds since 1983. Mr. Watts asked if any
one from the public wished to speak. No one responded. Mr.
Watts closed the Public Hearing at 7:13 pm. Mrs. Murphy
stated that it was her understanding that Mr. Williams had
mentioned to Mr. John Campbell with regards to the easement
issue. Mrs. Murphy stated that there was some disparity
between the descriptions provided in the written language of
the easement compared to what is shown on the map. Mr. John
Campbell stated that Mr. Williams discussed the easement
issue with him. Mr. John Campbell stated that there is a
note on the survey map that states that the survey was
prepared on NYS Canal Corporation bearing base per map
reference number 1 and that the deed bearings differ by one
minute. (Map note #3). Mrs. Murphy requested that Mr. John
Campbell obtain a statement from his licensed surveyor
stating such so the Planning Board would have a record why
there is a disparity so as not to have future problems with
the issue. Mr. Higgins asked which lot line had the existing
fence. Mr. John Campbell stated it was located on Mr. Dewitt
Campbell’s property.
Mr. Nadeau made a motion to approve the minor subdivision
contingent upon receipt of a letter of affidavit from the
surveyor stating the easement is to be true and is accepted
by the Town Attorney. Mr. Roberts seconded. Motion carried.
04.240 PH Marchand Subdivision, 91 Devitt Road – Minor
Subdivision
Mr. Watts opened the Public Hearing at 7:19 pm. Mr. Watts
asked if anyone would like to have the Public Notice read.
No one responded. Mr. Steve Elsbree L.S. proposes a minor
subdivision on Devitt Road of a 116.26-acre parcel that is
currently bisected by Niagara Mohawk Power Corporation right
of way. Mr. Elsbree stated the proposal is to subdivide and
convey a 5.88-acre parcel to the Lands of Frank and Marie
Riberdy. Mr. Elsbree stated the Marchand’s would retain the
0.940-acre parcel in order to preserve 150 ft of road
frontage on Devitt Road. Mr. Elsbree stated a deep hole
percolation test has been performed and the parcel is
currently serviced by municipal water. Mr. Elsbree stated
the parcel met all acreage and set back requirements. Mr.
Watts asked if any one from the public wished to speak. No
one responded. Mr. Watts closed the Public Hearing at 7:20
pm.
Mr. Berkowitz made a motion to approve the minor
subdivision. Mr. Ruchlicki seconded. Motion carried.
Old Business:
04.109 OB A-1 Septic, 392/423 Hudson River Road – Commercial
Site Plan
Mr. David Taylor proposed a commercial site plan for 392/423
Hudson River Road. Mr. Taylor stated 392 Hudson River Road
was previously known as the Dion Oil Building. Mr. Taylor
stated the Planning Board committee met with him and went
over several items. Mr. Taylor stated these items were
parking arrangements, location of equipment and type of
equipment, number of vehicles, portable toilets, egress,
boundaries, screening and stockade fencing. Mr. Taylor
stated that original plans were for stockade fencing on the
southern portion of the property with borders Costanzo’s
Restaurant. Mr. Taylor stated he would like to use an 8-foot
high fence instead of the current 6-foot high fence in that
area. Mr. Taylor stated that at the present time there is no
fence between a residential parcel and the applicant’s site.
Mr. Taylor stated it would be beneficial if they installed
some screening around the portable toilets so they were not
visible from the road. Mr. Roberts stated that Mr. Higgins
and he visited the site and they had some concerns regarding
unregistered vehicles on the site and these vehicles must be
removed before the Planning Board could move forward on the
application. Mr. Higgins stated there were also a number of
empty fuels tanks on both sites that do not meet Federal
Regulations that would need to be removed along with the
unregistered vehicles that are in violation of the Town’s
regulations. Mr. Higgins stated that in addition to the
proposed 8-foot fence, they felt additional screening would
be beneficial to the adjacent residential property owner.
Mr. Higgins stated the applicant agreed regarding the
significance of fencing around the storage units so they
would not be visible from Routes 4 & 32 and for security
purposes. Mr. Higgins stated they had talked to the
applicant several times regarding the odor from the units
stored and the applicant assured them the units would be
totally cleaned before they are put into storage. Mr.
Higgins stated the applicant stated there would be no sign
so there is not a sign application at this time. Mr. Higgins
stated that the applicant uses on site well and septic. Mr.
Higgins stated there would be a small office that would be
utilized by the applicant’s employees. Mr. Higgins stated
there would not be any food preparation and the restrooms
would be strictly used by the employees. Mr. Taylor stated
that the 3 empty tanks were septic tanks and he has arranged
to have the 3 tanks and 1 truck removed. Mr. Taylor stated
that there are 3 trucks and 3 cars on the Dion Oil Site that
are all unregistered. Mr. Taylor stated that he did use 3 of
the vehicles seasonally. Mr. Higgins stated to the applicant
that he could obtain special use commercial plates from the
State to operate the dump truck that is used strictly on
site. Mr. Taylor stated he was aware of the commercial use
plates but he was concerned regarding insuring the vehicles.
Mr. Berkowitz asked the applicant what the consequences
would be if one of the vehicles got into an accident on
site. Mr. Taylor stated he has general liability and blanket
liability insurance on all of his vehicles. Mr. Watts asked
if there were zoning or code violations at the site at the
present time.
Mr. Taylor stated that the septic tanks could be removed
from the site. Mr. Polak stated that Tim Murphy, Director of
Code Enforcement, would make an inspection. Mr. Polak stated
the applicant should identify which vehicles would be used
seasonally. Mr. Taylor stated he could either sell the tank
to someone who would use it for a tank or sell it for scrap
metal. Mr. Watts asked Mr. Williams if there were any
compliance issues. Mr. Williams stated that the applicant
needed approval from the Planning Board to utilize the two
proposes sites and presently there is no approval to operate
the business. Mr. Williams stated the area is in the
Industrial zoning district and that the storage of rental
equipment and construction equipment was listed as a
permitted use. Mr. Higgins stated the former Dion Oil site
will be a change of tenant application and that the
applicant wishes to fix up the site and office. Mr. Williams
stated the original application was to use the vacant site
to store the septic equipment and port-o-potties with a
proposed trailer/office. Mr. Willliams stated the Board
decided the office trailer was inappropriate. The applicant
is asking to utilize the Dion Oil site for the office and to
store equipment on the vacant piece of land. Mr. Nadeau
stated that he feels the Board should have the use
researched along with the storage of the various unlicensed
vehicles before taking action. Mr. Watts stated that he is
asking people from the audience, as a total exception to the
common rule of conducting the planning board meetings, in
order to gain further information over this difficult
application. Mr. Lee Heim owner of Constanza Restaurant
stated there has been a running conflict with the applicant
and people in the area over operating the septic business.
Mr. Heim stated he is concerned with the conflict of a
restaurant and a septic service operating next to each
other. Mr. Heim asked about the fence. Mr. Higgins stated
the proposed fencing is to buffer the portable toilets from
the road. Mr. Heim stated that there is a strong smell from
the site which conflicts with the restaurant use. Mr. Taylor
stated that is when he is transferring the septic from his
small truck to the larger truck. Mr. Taylor stated that the
smell last for about 30 seconds. Mr. Heims son stated that
the restaurant use has been there for a long time and that
the septic business is inappropriate. Mrs. Diane Campbell
stated that Mr. Taylor has cleaned up the area and that
there are a number of properties out of compliance in the
area. Mr. Watts stated that she can submit a complaint in
writing to the Code Enforcement office and that the Code
Enforcement office will look into the issues she wishes to
raise. Mr. Watts questioned if the submitted site plan was
appropriate. Mr. Watts stated this item would be tabled. Mr.
Watts asked the applicant to review the concerns coming from
the Board and public and asked him to look at the
possibility more fencing or higher fencing. Mr. Nadeau asked
if all the equipment could be stored at the Dion Oil site.
Mr. Taylor stated no, the site is too confining. Mr. Higgins
stated that they did talk to the applicant over that issue.
Mr. Watts asked the applicant to update the site plan
showing the fence for extra buffer. Mr. Watts stated he
would have Code Enforcement to visit the site for compliance
issues. Mr. Nadeau stated he would have concerns with any
odors coming from the site and asked the applicant to think
how he could address the problem. Mr. Berkowitz stated that
the County wanted to store the equipment on the other side
of the site. Mr. Taylor stated the site has a lot of clay
and that area would be impossible to reach with a truck
without getting stuck. Mr. Watts stated this item would be
tabled for further review of the issues.
04.223 OB Vosburgh Road Commercial PDD, Vosburgh Road –
Minor Subdivision
PDD & GEIS
Mr. Scott Lansing of Lansing Engineering proposes a
Commercial PDD on Vosburgh Road. Mr. Lansing stated the PDD
includes approximately 62-acres of which the applicant is
proposing 58-acres to be dedicated to the Town. Mr. Lansing
stated the remaining 4-acre parcel south of the Vosburgh
Road/Route 146 intersection is proposed for commercial
development. Mr. Lansing stated he was before the Planning
Board to advance the process with the Board to set a Public
Informational Meeting and to entertain any questions the
Planning Board may have.
Mr. Berkowitz made a motion to set a Public Informational
Meeting for the January 10, 2005 Planning Board meeting. Mr.
Roberts seconded. Motion carried.
04.224 OB Cingular Wireless, Stone Quarry Road – Cell Tower
Mr. Dan Schweigard stated that he was in receipt of CHA’s
engineering review. Mr. Schweigard stated that he had talked
with Mr. Williams regarding the comments that Environmental
Design Partnership had. Mr. Schweigard stated they are
prepared to have all comments addressed by the time a Public
Hearing meeting is scheduled.
Mr. Roberts made a motion to set a Public Hearing for the
January 10, 2005 Planning Board meeting. Mr. Higgins
seconded. Motion carried.
04.237 OB Moss/Hebert-Croyle Subdivision, 34 Plank Road –
Minor Subdivision
Mr. Gil VanGuilder of Gilbert VanGuilder and Associates
proposes a lot line adjustment between two existing homes
located at 32 & 34 Plank Road both owned by Mary Moss. Mr.
VanGuilder stated that lot 34 was the former resident of Ms.
Moss. Mr. VanGuilder stated that Ms. Moss built a new home
and the applicant wishes to adjust the lot line in order to
access her rear yard. Mr.
Vanguilder stated the Planning Board denied the minor
subdivision application at the November 8, 2004 Planning
Board meeting on the basis that the proposed lot line
adjustment would not meet the minimum lot width requirement.
Mr. VanGuilder stated Ms. Moss was granted the requested
area variance at the December 6, 2004 ZBA meeting.
Mr. Roberts made a motion to set a Public Hearing for the
January 10, 2005 Planning Board meeting. Mr. Berkowitz
seconded. Motion carried.
New Business:
04.244 NB Gemini Electrical Design & Const. Inc., 164 Ushers
Road – Change of
Tenant
The applicant is proposing to utilize 1,366 SF of building
space located at Lawn Care Storage Garage on Ushers Road.
The applicant proposes an electrical contracting business at
this location. Mr. Watts asked the applicant if the hours of
operation would be 8 am to 5 pm Monday through Friday. The
applicant responded yes. The applicant stated that there
would be seven employees who would be working in the field.
The applicant stated that once a month there would be a
meeting at the Ushers Road location that would last
approximately 15 minutes. Mr. Roberts asked the applicant if
there would be a sign involved. The applicant responded no.
Mr. Watts stated to the applicant that any advertising
should state the business is in the Town of Halfmoon.
Mr. Roberts made a motion to approve the change of tenant
application. Mr. Nadeau seconded. Motion carried.
04.245 NB Halfmoon Development PDD, Stone Quarry & Plank
Road – Commercial
Site Plan – PDD
Mr. Joe Linaro of Chazen Company is representing Amedore
Homes. Mr. Linaro stated the parcel consist of 7.3-acres
located at Route 9, Plank Road and Stone Quarry Road. Mr.
Linaro stated the parcel is zoned C-1 Commercial. Mr. Linaro
stated the proposal includes a PDD development that would
include approximately 3.6-acres of commercial development
and 3.7-acres of residential development. Mr. Linaro stated
the residential component would be (7)-four (4) unit
condominium buildings. Mr. Linaro stated there would be 56
parking spaces required with 57 spaces being provided. Mr.
Linaro stated this element would be included with a
Condominiums Association. Mr. Linaro stated the Condominium
Association would be responsible for maintaining all of the
roadways, sidewalks and open space within that portion of
the project. Mr. Linaro stated that the 3.6-acre portion is
intended to be commercial. Mr. Linaro stated there would be
three ~5,900 SF buildings with 89 parking spaces required
with 90 spaces being provided. Mr. Linaro stated the one
extra parking space would be for handicap parking. Mr.
Linaro stated the commercial property management company
would manage this infrastructure. Mr. Linaro stated the
project includes 60 percent green space. Mr. Linaro showed a
rendering of the proposed PDD. Mr. Linaro stated there would
be parking in the rear of the buildings with pedestrian
routes that connect the plaza areas of each of the three
buildings. Mr. Linaro stated that provisions would be made
for an inter-connect for future expansion of the commercial
properties. Mr. Linaro stated the mix of commercial and
residential is consistent with the Town’s
comprehensive plan. Mr. Linaro stated the four condominium
units would have four units per building with 2 units on
grade level and 2 units of the upper level. Mr. Linaro
stated the parking that would be provided throughout the
development as well as in the driveways to each unit that
would have an attached garage. Mr. Linaro stated the floor
plan shows at grade level 4 garages with 2 interior garages
service the 2 first floor units and the 2 exterior garages
service the 2 upper level units. Mr. Linaro stated that part
of the advancement of the proposed project anticipates
extending units for water and sewer to the site. Mr. Linaro
stated the applicant proposes sanitary sewage extension
along Stone Quarry Road into the project with laterals to
accommodate the residential project. Mr. Linaro stated that
preliminary discussions addressed concerns regarding water
management. Mr. Linaro stated there are 3 alternatives to
address that issue. Mr. Linaro stated the current proposal
is looking at upgrades to an off-site pump station to
accommodate the proposed development. Mr. Linaro stated that
municipal water will be extended to the proposed site and
also as a public benefit it will be extended passed the
intersection of Route 9. Mr. Linaro stated for further
public benefit. the water line would be extended from the
intersection of Plank and Stone Quarry Roads to an
intersection at Captain’s Blvd. that will accommodate 6
residential properties that are currently on private water
supply.
Mr. Linaro stated that storm water will be managed on site
and will be in conformance with NYS storm water regulations.
Mr. Linaro stated that either the Commercial property
manager or the Condominium Association would maintain all of
the on-site storm water management facilities. Mr. Linaro
stated that as part of a public benefit there would be a
$2,000 per residential unit contribution being made for
intersection improvements that equates to $56,000 in public
benefit. Mr. Linaro stated that within the zoning
regulations for a PDD the Planning Board has discretion of
allowing proposed PDD’s to occur on lands less than
10-acres. Mr. Linaro stated due to surrounding parcels
already developed the applicant is unable to acquire
additional lands. Mr. Roberts asked where the access to the
development would be. Mr. Bianchino stated it would be
located at the current driveway to the Country Hair Hut. Mr.
Roberts stated that the traffic situation should be reviewed
due to the high rate of speed of vehicles traveling at that
location on Route 9. Mr. Linaro stated that as part of the
site plan review and approval process they will have to
prepare a water supply report, a wastewater management
report. a traffic impact assessment, storm water pollution
prevention plan and any environmental issues will be need to
be addressed. Mr. Roberts asked what the market price would
be for the condominiums. Mr. Linaro stated the market price
would be around $120,000-$140,000 range depending on the
project’s expenses. Mr. Nadeau asked if the entire project
was currently zoned C-1 Commercial?
Mr. Linaro stated that it was zoned C-1 Commercial. Mr.
Nadeau questioned due to all the development in the Town,
why would the Town consider utilizing a commercially zoned
parcel for residential use. Mr. Linaro stated the PDD was
consistent with the Town’s new master plan to create a
transition between C-1 on Route 0 to the existing
residential uses on Plank Road. Mr. Watts stated that when
the application was presented to the Town Board the issue
relative to the less than 10-acre requirement was discussed
and the Town’s Attorneys’ and they felt that it was
appropriate as long as the project made sense. Mr. Watts
further stated that the mix of residential and commercial
could be beneficial with the reduction in traffic. Mr. Polak
stated that the Town Board discussed the possibility of
having a sidewalk placed so that the Rivercrest residents
could walk safely by not having to traverse on Stone Quarry
Road. Mr. Watts stated that the pedestrian friendly
atmosphere being proposed can be a hallmark for future
development. Mr. Watts stated that the Board would like to
see that that Commercial Buildings be moved toward Route 9
so that a the parking lots would not be visible from Route
9.
Mr. Watts tabled the proposed project pending CHA’s review.
04.246 NB Flooring Environments, 1581 Route 9 – Sign
This applicant was not present and no action was taken on
this item.
Mr. Roberts made a motion to adjourn the December 13, 2004
Planning Board Meeting
at 8:22 pm. Mr. Nadeau seconded. Motion carried.
Respectfully submitted,
Milly Pascuzzi
Planning Board Secretary
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