Planning Board Minutes - January 10, 2005

Those present at the January 10, 2005 Planning Board meeting were:

Planning Board Members: Steve Watts – Chairman
Don Roberts – Vice Chairman
Cindy Patenaude
Marcel Nadeau
Rich Berkowitz
Tom Ruchlicki
John Higgins
Alternate
Planning Board Members: Daphne Jordan
Bob Beck

Planner: Jeff Williams

Town Attorney: Bob Chauvin
Deputy Town Attorney: Lyn Murphy

Town Board Liaisons: Walt Polak
Mindy Wormuth

CHA Representative: Mike Bianchino


Absent: Daniel McDermott, Alternate Planning Board Member

Mr. Watts opened the January 10, 2005 Planning Board Meeting at 7:02 pm. Mr. Watts asked the Planning Board Members if they have reviewed the December 13, 2004 Planning Board Minutes.
Mr. Roberts made a motion to approve the December 13, 2004 Planning Board Minutes. Mr.
Berkowitz seconded. Motion carried.

Public Informational Meeting:
04.223 PIM Vosburgh Road Commercial PDD, Vosburgh Road – Minor Subdivision
PDD & GEIS
Mr. Watts opened the Public Informational Meeting at 7:03 pm. Mr. Watts asked if anyone would like to have the Public Notice read. No one responded. Mr. Scott Lansing of Lansing Engineering proposes a PDD located on Vosburgh Road. Mr. Lansing stated that the proposed PDD would consist of 62.5-acres. Mr. Lansing stated that there is currently one residential structure on the corner of Route 146 & Vosburgh Road. Mr. Lansing stated there is an existing cell tower on the parcel. Mr. Lansing stated that the applicant is proposing to dedicate approximately 58.77-acres of the land to the Town. Mr. Lansing stated that the area of open space does adjoin an area identified in the Northern Halfmoon GEIS as a passive recreation park. Mr. Lansing stated that 2.5-acres of the parcel on the south side of Vosburgh Road and 1.2-acres on the north side of Vosburgh Road would be utilized for commercial development. Mr. Lansing stated that the applicant intends to build a professional office building on the north side of the parcel. Mr. Lansing stated the applicant is currently under contract with Stewart’s Corporation for a convenience store and possibly a few other professional buildings on the south side of the parcel. Mr. Lansing stated that part of the proposal includes a 5-ft. dedication of the roadway along Vosburgh Road for potential improvements for imminent right-of-way. Mr. Lansing stated the applicant is also proposing to construct a gravel roadway toward the back of the large parcel to be dedicated to the Town for a parking area. Mr. Lansing stated he was before the Planning Board for Public and Board comments. Mr. Watts asked if any one from the public wished to speak. Mr. Ray Anuszewski, who resides on the south side of Vosburgh Road, asked how many buildings would be constructed on the 2.5-acres parcel on the south side of Vosburgh. Mr. Lansing stated the Stewart’s Corporation is proposing a convenience store and 2 to 3 pad sites for office buildings. Mr. Lansing stated he would be back before the Planning Board for commercial site plan review. Mr. Anuszewski stated that along his property line is where debris were buried and he would like to know how far from his property line the buildings would be located and if the lights from the building would affect him. Mr. Anuszewski also stated since the area was leveled down, there use to be furrows that held the water back and now all the water is coming down toward his property. Mr. Anuszewski stated the existing drainage is not enough to support heavy rains. Mr. Anuszewski asked if a berm would be installed with furrows to retain water drainage. Mr. Lansing stated that when this application comes before the Planning Board for commercial site plan review, set backs would meet the requirements for C-1 zoned. Mr. Lansing stated the issues of berms and things of that nature would be worked out with the Planning Board at that time. Mr. Anuszewski asked what improvements would be made to Vosburgh Road. Mr. Lansing stated that there would be dedication of 5-ft. along each side of the roadway to the Town. Mr. Watts closed the Public Informational Meeting at 7:08 pm. Mr. Higgins asked if there was an easement or dedicated roadway on the existing cell site. Mr. Lansing stated there was an existing 20-ft. easement with no dedicated roadway. Mr. Higgins asked if the Town would still be subject to the easement. Mr. Lansing stated that was correct. Mrs. Wormuth stated that the applicant was willing to construct the roadway either along the existing easement or where it was shown based on site review. Mrs. Wormuth stated the Town would decide what to do with the property at that point, as it would be in the ownership of the Town once it was dedicated. Mrs. Patenaude stated for the benefit of Mr. Anuszewski that as far as buffering his property she believes that area would be a transitional zone because it was an A/R zoned property. Mrs. Patenaude stated that Mr. Anuszewski would have a fairly wider zone that would remain and the Planning Board would make sure this was indicated on the site plan review where there would be some type of a buffer provided between the proposed PDD and his property. Mr. Watts stated there were needs for Commercial establishments due to the increase of residential development. Mr. Watts stated that 58 plus acres would be dedicated to the Town for utilization by the Town for whatever purposes they see fit. Mr. Watts stated that originally this proposal came in as a Townhouse project and there were major concerns with some of the density and issues with that proposed project. Mr. Watts stated that various individuals have stated that the Town has a lack of medical/dental/professional type offices in this area. Mr. Watts stated the current proposal could provide the Town with these types of services that will make it easier for the Town’s residents to utilize. Mr. Watts stated he has worked with the applicant on this proposal and they have moved to a point that it would be a major benefit to the Town. Mr. Watts stated that there would be some trails in the area that will tie in with trails across the street where people could utilize these facilities. Mr. Ruchlicki asked regarding the location of the proposed storm water management area. Mr. Bruce Tanski stated the land pitches toward the road and the soil condition is mostly sand. Mr. Tanski stated the storm water management area would be designed during the site plan for Stewart’s.
Mr. Roberts made a motion to pass a positive recommendation to the Town Board. Mrs. Patenaude seconded. Motion carried.

Public Hearings:
04.224 PH Cingular Wireless, Stone Quarry Road – Cell Tower
Mr. Watts opened the Public Hearing at 7:12 pm. Mr. Watts asked if any one would like to have the Public Notice read. No one responded. Mr. Dan Schweigard, who is representing Cingular Wireless, proposes an application to modify an existing Niagara Mohawk transmission power pole to accommodate Cingular’s wireless antennas. Mr. Schweigard stated the proposed project is located on Stone Quarry Road and the project consist of changing out an existing wooden transmission pole with a steel power pole which will provide combined use for the NIMO power lines and the addition of Cingular’s antennas. Mr. Schweigard stated he had revised plans to show the steel pole and the structural report that details the facility. Mr. Watts asked if any one from the public wished to speak. No one responded. Mr. Watts closed the Public Hearing at 7:14 pm. Mr. Higgins inquired whether questions were addressed which were raised by Mr. Mike McNamara’s letter. Mr. Schweigard stated yes. Mr. Schweigard stated that Mr. McNamara’s comments were relating to a revised set of drawings that showed the steel pole in lieu of the wooden pole. Mr. Schweigard stated their structural calculations forced them to revert to a steel pole. Mr. Schweigard stated he contacted Mr. McNamara and he covered all the questions Mr. McNamara raised. Mr. Higgins stated that Mr. McNamara was looking for a sign-off by NIMO on the design structure. Mr. Schweigard stated that he did mention the sign-off to NIMO and NIMO is the contractor/manufacturer of the pole. Mr. Schweigard stated that NIMO has recently gotten into the business of providing build-to-suit contracts with wireless carriers so that when a contract opens NIMO does the full construction of the project. Mr. Schweigard stated that NIMO informed him that prior to issuance of a building permit they would provide a safety plan. Mr. Williams stated an adjoining neighbor had some concerns with regard to the maintenance road being gated. Mr. Schweigard stated this was a common request and if it would please the board they would certainly put a gate with a combination lock that would be accessible to NIMO. Mrs. Murphy stated that the applicant has been working with the Engineers and conforming to the Town’s ordinance. Mrs. Murphy stated that the Town’s ordinance does require the applicant to take necessary steps recommended by the Engineer and Planning Board to insure added safety to the site. Mrs. Murphy stated that this would decrease the attractiveness of the site to people who might try to climb the pole and use it for inappropriate purposes. Mr. Watts stated that this is a new way of cell towers being much less obtrusive and noticeable by installing them on existing NIMO power poles. Mr. Schweigard stated it was working very well for this application and others. Mr. Schweigard stated they were pushing toward this type of installation wherever they can. Mr. Schweigard stated when there is a need for a site, the first thing they do is to look for an existing transmission line.
Mr. Berkowitz made a motion to approve the cell tower site application contingent upon a gate placed at the maintenance road entrance and safety plan submitted. Mr. Nadeau seconded. Motion carried.

04.237 PH Moss/Hebert-Croyle Subdivision, 34 Plank Road – Minor Subdivision
Mr. Watts opened the Public Hearing at 7:20 pm. Mr. Watts asked if anyone would like to have the Public Notice read. No one responded. 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 Ms. Moss was granted a 2-lot subdivision about a year ago. Mr. VanGuilder stated that Ms. Moss constructed her home on the northern lot. Mr. VanGuilder stated that after the home was constructed, Ms. Moss reviewed the position of the lot lines and Ms. Moss decided that she would like to adjust the lot lines between the properties to give her better access to her rear yard. Mr. VanGuilder stated that the proposal required a variance for the northern lot that was granted by the Zoning Board of Appeals at their December 6, 2004 meeting. Mr. VanGuilder stated he was before the Planning Board to finalize the minor subdivision. Mr. VanGuilder stated that there is a portion of an asphalt driveway that Ms. Moss will be removing that will take away the need for any type of access easement by the future neighbor. Mr. Watts asked if any one from the public wished to speak. No one responded. Mr. Watts closed the Public Hearing at 7:22 pm.
Mr. Roberts made a motion to approve the minor subdivision. Mrs. Patenaude seconded. Motion carried.


Old Business:
03.204 OB Westbrook Subdivision, Harris Road – Major Subdivision
Mr. Ivan Zdrahal of Ivan Zdrahal and Associates is presenting the Westbrook residential subdivision to the Planning Board for preliminary approval. Mr. Zdrahal stated the subdivision consist of 32.3-acres of land that is located in a R-1 residential zone. Mr. Zdrahal stated the project contains 18 residential lots located off of Harris Road with land preservation of wetlands. Mr. Zdrahal stated that all lots would have public water and sewer. Mr. Zdrahal stated that there would be a sewer easement connected to the Farmview subdivision. Mr. Zdrahal stated that the water service would be provided by an outside water agreement with the Town. Mr. Zdrahal stated that all the lots comply with the R-1 zoning. Mr. Zdrahal stated they have reduced wetland disturbance. Mr. Zdrahal stated there was an issue of mitigation for the traffic pattern. Mr. Zdrahal stated he has received comments from the Saratoga County Sewer District and the Dept. of Health. Mr. Bianchino stated there were outstanding comments back in November that were addressed in the preliminary plan. Mr. Roberts asked if the necessary easements for the property have been obtained. Mr. Zdrahal stated that Mr. Mullen’s attorney has all the documents and they will be processed shortly. Mr. Higgins asked how many flag lots there would be. Mr. Zdrahal stated there would be one flag lot on lot #13. Mr. Higgins asked if lot #25 would be a flag lot. Mr. Zdrahal stated lot #25 will provide the town right-of-way. Mr. Higgins stated that until the road is built lot #25 would be a flag lot. Mr. Higgins asked if lots #3, #7 and #11 would have a shared driveway. Mr. Zdrahal stated yes. Mr. Higgins asked if lots #3 and #11 had road frontage. Mr. Zdrahal stated that lots #3, #7 and #11 all had road frontage. Mr. Higgins asked if the 3-lots all had road frontage to minimize the wetland disturbance. Mr. Zdrahal stated it was to minimize the wetland disturbance and also would not provide access on Harris Road. Mr. Higgins asked which lot would own the driveway. Mr. Zdrahal stated it would be a shared driveway by all 3-property owners. Mr. Zdrahal stated all 3-property owners would share the maintenance on the driveway. Mr. Nadeau asked if the driveways would be under individual deeds. Mr. Zdrahal stated yes. Mr. Chauvin stated that in the past the Planning Board required a note be placed on the subdivision plot plan, a deed restriction be filed and a letter to Town Attorney that there would be proposed shared access agreements and easements.
Mr. Roberts made a motion to pass a Negative Declaration to SEQR noting there will be no negative impacts to the environment. Mr. Nadeau seconded. Motion carried.
Mr. Roberts made a motion to grant a preliminary approval on the proposed major subdivision contingent upon a note placed on the plan describing the shared access easements and language of the easements accepted by the Town Attorney and CHA sign off. Mr. Nadeau seconded. Motion carried.

04.142 OB Cardin Acres PDD, Plant Road – Major Subdivision – PDD
Mr. Nadeau and Mr. Berkowitz recused themselves from this item. Planning Board Alternates, Mrs. Jordan and Mr. Beck replaced them. Mr. Gil VanGuilder of Gilbert VanGuilder and Associates stated that Cardin Acres PDD project has been before the Planning Board on several occasions. Mr. VanGuilder stated he has met with the committee, Mrs. Patenaude and Mr. Higgins, in November and they walked the majority of the site. Mr. VanGuilder stated that one of the concerns raised by the committee was density and the proximity of the proposed houses to the wetlands. Mr. VanGuilder stated that two lots have been removed from an area in proximity to Plant Road due to concerns with density and drainage. Mr. VanGuilder stated that in another area four lots have been reduced down to create a larger separation between the existing drainage channel, two proposed homes and existing Federal wetlands. Mr. VanGuilder stated the houses were rearranged on the property so it would not create net loss or gain of lots from the original proposal. Mr. VanGuilder stated they also discussed the Public Benefit of the project. Mr. VanGuilder stated the project would preserve approximately 50% of the overall 60-acres in the land preservation area. Mr. VanGuilder stated the applicant has offered a voluntary contribution to be used at the Town Board’s discretion of $400.00 per approved lot. Mr. VanGuilder stated one of the projects discussed where the money contribution could be utilized is the proposed changes at the intersection of Plant Road and Route 146. Mr. VanGuilder stated that if all the proposed lots are approved the net contribution would amount to $14,800. Mr. VanGuilder stated there were concerns at the Cardin Acres PDD Public Informational Meeting. Mr. VanGuilder stated there were eleven residents that voiced their concerns regarding the connection of Cardin Drive and Chateau Drive that it could create a ‘’raceway’’. Mr. VanGuilder stated they felt that this road connection is very necessary, they are proposing to make the road section consistent with the existing roads in the Cardin Acres subdivision and keep the right-of-way with 50-ft. Mr. VanGuilder stated the narrower road would reduce the temptation for people to travel at a high rate of speed. Mr. VanGuilder stated there would be a 300-ft. section of roadway that will turn into a 90-degree bend. Mr. VanGuilder stated they feel the road connection is important to the safety of the existing residence of Cardin Acres because both cul-de-sacs are longer than the regulations currently allowed and the road connection will allow emergency traffic to circulate and to have alternate routes out of the development. Mr. VanGuilder stated that during this construction process a water main will be looped across between the two streets tying the two dead-ends together to help equalize water pressure and flow within the existing subdivision. Mr. VanGuilder stated that one of the residents has offered a 20-ft. strip of land to be dedicated to two neighbors property on the end of Cardin and Chateau that would offer increased buffer area to the adjoining neighbors to the proposed connector road. Mr. VanGuilder proposes a 60-ft. easement to allow access to three land locked parcels to the east where there are 3 land locked parcels. Mr. VanGuilder proposes a four-way stop at Cardin Drive and Roger Lane and one stop sign at Chateau and the extension of Roger Lane. Mr. VanGuilder stated that he is before the Planning Board tonight for referral to the Town Board for approval on the PDD. Mr. Higgins stated that Mrs. Patenaude and he worked diligently with the applicant and the Engineer and he compliments the applicant for working with the Planning Board. Mr. Higgins stated this was a difficult site with a high percentage of wetlands that had to be dealt with. Mr. Higgins stated they asked the applicant to submit a plan for a conventional subdivision with conventional sized lot that was done with the 37 lots. Mr. Higgins stated the applicant; the Planning Board and the Town Board thought smaller lots were justified because it would allow greater ability to protect the wetlands. Mr. Higgins stated that the Town Engineer has requested that the 60-ft. easement not be determined at this point as they want to review the plan to determine the best location for the 60-ft. easement for access to the land locked sites. Mr. Higgins further stated that 37 lots is the maximum and when the applicant and Engineer return to the Planning Board consideration has to be given for site run off and grading and it is possible that the 37 lots may be reduced in the future. Mr. Higgins stated the Town Board and the applicant should delegate the mitigation fees. Mrs. Patenaude stated that they appreciate the applicant working with the committee on this proposal and reiterated 37 lots is the maximum number of lots allowed. Mr. Roberts stated that he felt the 10,000 SF lots are too small and he recommends in the future the Planning Board approve larger lot sizes instead of the small lot sizes as not to set a bad precedent for future proposals. Mrs. Patenaude made a recommendation to the Town Board that a Negative Declaration to SEQR was in order. The Board agreed.
Mr. Higgins made a motion to pass a positive recommendation to the Town Board with a condition of a maximum density of 37 single-family lots. Mrs. Patenaude seconded. Motion carried.




04.235 OB Adam’s Pointe PDD, Johnson Road – Major Subdivision – PDD
(Formerly Fairview PDD – Major Subdivision)
Mr. Ivan Zdrahal of Ivan Zdrahal and Associates proposes a major subdivision – PDD. The proposed PDD is proposed to be located in a 16-acre parcel located on McBride/Johnson Road intersection. Mr. Zdrahal stated the proposal is for 21 single-family lots. Mr. Zdrahal stated the common open space is 7.14-acres of land which is 44.5% of the site. Mr. Zdrahal stated that the lot sizes were increased to a minimum of 10,000 SF with an average lot size of 14,000 SF. Mr. Zdrahal stated the proposed project will follow the GEIS guidelines. Mr. Zdrahal stated that the increased open space he proposes to add a few more lots. Mr. Zdrahal stated that the original proposal was for 24 lots and the current proposal is for 21 lots. Mr. Zdrahal stated that the Public Benefit of the proposed project would be the additional open space and to construct a Public trail on the property or the construction cost of the trail would be given to the Town if it was needed elsewhere. Mr. Zdrahal stated the property would be served by public water and sewer. Mrs. Patenaude asked how many acres would be constrained land. Mr. Zdrahal stated it would be 2.3-acres of wetlands. Mr. Higgins asked Mr. Zdrahal if 21 lots is what he would justify with 20,000 SF conventional subdivision lots. Mr. Zdrahal stated it would be for 18 lots for a conventional subdivision and 21 lots for a PDD. Mr. Higgins stated the application will need to be referred to CHA and he believes that for additional density the GEIS looks for the conventional subdivision and it talks about the percentage of quality green space. Mr. Higgins stated that as part of the review the correct calculation density bonus would need to be done. Mr. Higgins stated that he does not see any type of sidewalks, etc. as cluster type benefits. Mr. Higgins asked Mr. Zdrahal if any sidewalks were proposed for the development. Mr. Zdrahal stated no sidewalks are proposed. Mr. Zdrahal stated that they have proposed a public trail and the open space would be owned by the (HOA) Home Owners Association. Mr. Higgins stated that previously developments that have been approved in the GEIS area have had additional benefits such as sidewalks. Mr. Higgins stated going for smaller lots to preserve green space is part of GEIS but there is also more items that are involved. Mr. Higgins stated that Mr. Roberts mentioned earlier the Board want to try to find a balance between the lot sizes and green space being preserved but they also don’t want to constantly go to the smaller lot sizes which is the reason why he felt the lots are much too small for that area. Mr. Higgins stated that CHA will review and take everything in consideration. Mr. Berkowitz asked if the HOA’s would own open space. Mr. Zdrahal stated they would. Mr. Berkowitz asked who would be responsible for the maintenance on the trail. Mr. Zdrahal stated that it would be a public trail, so the Town would be responsible. Mrs. Wormuth stated that the public trails are asked to be dedicated to the Town for use and maintenance. Mr. Ruchlicki asked how many acres would be quality open space. Mr. Zdrahal stated 3.3-acres. Mr. Dean Taylor stated that the 3.3-acres are additional acreage. Mr. Taylor stated that the original green spaces was 3.8-acres in which 1.3-acres is wetlands. Mr. Taylor stated that additional quality open space has a total of 3.34-acres or 14,424 SF is wet so the net gain is 3.01-acres of quality non-wet green space. Mrs. Patenaude asked what the benefit of the HOA’s was to the homeowners. Mr. Zdrahal stated the benefit was open space for their private use. Mr. Zdrahal stated the open space could be used for walking trails. Mrs. Patenaude asked how the HOA’s would work to assure that the HOA’s will last. Mr. Zdrahal stated the HOA’s would describe the details. Mr. Higgins asked what the financial requirements for the HOA would be to pay taxes on the open space land and their own land. Mr. Zdrahal stated that a budget or fee is set up per individual lots. Mr. Watts asked what services did the HOA provide. Mr. Taylor stated that it was a full-service association who will include such services as snow removal on the individual homes driveways, lawn fertilization, lawn mowing, flower planting and maintenance. Mr. Taylor stated that the association is similar to Grooms Pointe subdivision in Clifton Park. Mr. Berkowitz asked if this was geared toward empty nesters. Mr. Taylor stated that is what they are gearing toward that age group. Mrs. Wormuth stated the Town Board had comments and concerns for the lot sizes and the public benefit. Mrs. Wormuth stated that public benefit of a public trail was mentioned and the HOA is new information. Mr. Polak stated the HOA language would have to be reviewed by the Town Attorney and appears that the applicant will need to submit more specific information on what the HOA guidelines would be. Mrs. Wormuth stated the Town Board raised questions of the density and asked CHA to look into that issue during their review. Mr. Higgins asked what the public benefit was for the project other than green space. Mr. Zdrahal stated the public trail was another benefit. Mr. Chauvin asked Mr. Zdrahal for an updated narrative on the project. Mr. Zdrahal agreed to submit an updated narrative of the project.
This item was tabled and referred to CHA for review.

04.238 OB The Dance Department, Stone Quarry/Woodin Roads – Commercial Site
Plan
Mr. Harold Berger proposed to construct a 3,200 SF building on a 1.027-acre commercial parcel. Mr. Berger stated he would address the proposed “use” question later. Mr. Berger stated there were a couple of issues the Planning Board had at a previous meeting. Mr. Berger stated one issue was in regard to parking and the other issue was in regard to water consumption. Mr. Berger stated he submitted a narrative to the Mr. Watts on December 13, 2004 that addressed both issues. Mr. Berger stated the current facility has been in operation for five years. Mr. Berger stated the water consumption meter shows a total cumulative reading of 31,300 gallons over a five-year period, which is about 125- gallons per week. Mr. Berger stated in regard to the parking, he would await CHA’s review to see if there are adequate parking spaces available. Mr. Berger stated that the main issue he wants to clear up is what is the proper procedure for the applicant to follow at this point. Mr. Chauvin stated the use is not appropriate in the C-1 zone. Mr. Chauvin stated that before the applicant appears before the Zoning Board of Appeals, the applicant needed to give more information. Mr. Chauvin stated he would recommend the commercial site plan application be referred to CHA for review. Mr. Chauvin suggested that the applicant should either withdraw the application or he will recommend to the Planning Board to refer the application to CHA before sending to the ZBA for their decision. Mr. Berger stated the most expeditious process would be to have CHA review before going to the ZBA. Mr. Chauvin stated to Mr. Berger that the correct procedure to follow is once he received CHA comment letters, he would have to appear before the Planning Board to have the application denied before he could appear before the ZBA. Mr. Frank Canavel, the applicant, asked what type of zoning should he be looking for. Mr. Chauvin stated A/R and R-1 zone. Mr. Watts stated that there was considerable discussion at the Planning Board level relative to this application and the way the Zoning Ordinance reads and the Board is looking further into the zoning issues. Mr. Watts stated that the Board’s council has given an appropriate opinion based upon the interpretation of the ordinance so the Board is constrained by what the ordinance reads and how it is interpreted. Mr. Watts stated that this is an issue that may be resolvable.
This item was tabled and referred to CHA for review.

New Business:
04.246 NB Flooring Environments, 1581 Route 9 - Sign
Sean Barrett proposes a Sign application for Flooring Environments located at 1581 Route 9. Mr. Barrett stated he received an approval for a change of tenant at the same address at the November 22, 2004 Planning Board meeting. Mr. Roberts asked the applicant if he was replacing the previous sign. Mr. Barrett stated yes. Mr. Roberts asked if the sign would be neon. Mr. Barrett stated it would not be. Mr. Roberts stated to Mr. Watts that after approval of this sign the plaza signage would have 4-ft. remaining.
Mr. Roberts made a motion to approve the sign application. Mr. Berkowitz seconded. Motion carried.

05.100 NB Brehm & Dobson Insurance, 1482 Route 9 – Sign
Mr. Andy Hebert of Hanley Signs, representative of Brehm & Dobson Insurance proposes to replace an existing sign on the existing pylon sign located at 1482 Route 9. Mr. Hebert stated the applicant would be replacing the blue Progressive sign with a green sign. Mr. Watts asked if the sign was located on Route 9. Mr. Hebert stated the sign was located on Route 9. Mr. Watts asked Mr. Hebert if he knew anything about the truck parked at the site with advertising on the side. Mr. Hebert stated he did not. Mr. Watts stated the truck looked like a sign. Mr. Watts asked if it belonged to the applicant. Mr. Hebert stated that he was not sure if the truck was affiliated with Brehm & Dobson. Mr. Watts stated that he believes it belongs to the owner of the plaza. Mr. Roberts asked if the sign would be neon. Mr. Hebert stated the sign was internally lit with no neon.
Mr. Roberts made a motion to approve the sign application for Brehm & Dobson Insurance. Mrs. Patenaude seconded. Motion carried

05.101 NB Lot #24 Kingsbrook Estates, Danforth Road – Minor Subdivision
Mr. Jim Loiselle proposes a minor subdivision located at Kingsbrook Estates. Mr. Loisellel stated that he was before the Board representing himself and his neighbor, Mike Borden. Mr. Loiselle stated that he resides at 22 Danforth Road and Mr. Borden resides at 26 Danforth Road. Mr. Loiselle stated that there was a vacant lot between the two properties that they are interested in acquiring the property from Mr. Frank Zeronda. Mr. Loiselle stated that Mr. Dave Flanders of David A. Flanders Associates has surveyed the property and their intentions are to divide the property in half and add the divided property to each of their individual parcels.
Mr. Higgins made a motion to set a Public Hearing for January 24, 2005 Planning Board meeting. Mrs. Patenaude seconded. Motion carried.

05.102 NB Pro Cycles LLC Inc., 1624 Route 9 – Change of Tenant & Sign
Mr. Watts stated that the Tim Murphy, the Town’s Director of Code Enforcement, had visited the site and reported the site looked good and was cleaned up and a lot of debris was removed. Mr. Romeo stated they removed 3 twenty-ton dumpsters of waste from the site. Mr. Romeo proposes a change of tenant and sign application located in Lee’s Plaza at 1624 Route 9 for Pro Cycles LLC Inc. Mr. Romeo stated he would utilize an existing repair shop. Mr. Higgins asked if Mr. Romeo would possess a New York State Dealer’s License. Mr. Romeo stated he would not. Mr. Romeo stated he would have NYS Inspection and service repair shop. Mr. Watts stated that the business is Pro Cycles of Halfmoon. Mr. Romeo agreed and stated he learned last week that it was Halfmoon and not Clifton Park. Mr. Watts asked if the retail sales would be for motorcycles, ATV’s and snowmobile accessories. Mr. Romeo stated that was correct. Mr. Higgins asked if the applicant would be doing NYS Inspections on automobiles. Mr. Romeo stated that motorcycles had a specific NYS Inspection Licenses and no inspections are required for snowmobiles and ATV’s. Mr. Romeo stated his NYS Inspection License only permitted him to inspect registered motorcycles. Mr. Roberts asked the applicant if he would be replacing the existing sign. Mr. Romeo stated Mr. Baron, owner of Lee’s Plaza, would place a tenant panel on the existing freestanding sign. Mr. Roberts stated the Board does not allow any neon signs. Mr. Romeo stated the sign was florescent and internally lit. Mr. Higgins stated there was a problem with the previous tenant as far as using the parking spaces for storage. Mr. Romeo stated that he had 9 to 10 parking spaces available to use and he felt that is an adequate number of spaces that he would require. Mr. Higgins inquired if there would be outside storage. Mr. Romeo stated there would be no outside storage. Mr. Nadeau asked if the applicant would be using a dynamometer. Mr. Romeo stated he would not.
Mr. Roberts made a motion to approve the change of tenant and sign applications for Pro Cycle of Halfmoon. Mr. Higgins seconded. Motion carried.

05.103 NB Adirondack Auto Brokers Inc., 9 Solar Drive – Change of Tenant
Mr. Mark Davison proposes to operate a mail order auto parts for German automobiles. Mr. Higgins asked if the applicant would apply for a New York State license for sale of new or used cars. Mr. Davison stated the business would strictly be for parts. Mr. Roberts asked the applicant if they would have signage. Mr. Davison stated at this time they did not have a need for a sign.
Mr. Berkowitz made a motion to approve the change of tenant application for Adirondack Auto Brokers Inc. Mr. Higgins seconded. Motion carried.


05.104 NB Hockey Store n’ More, 1675 Route 9 – Change of Tenant & Sign
Mr. Tom Andress proposes a retail and rental hockey equipment store into the new 1,600 SF addition to the J&S Watkins Plaza. Mr. Andress stated that a narrative submitted to the Planning Board explains the retail and rental of hockey equipment business, which at a later time may have the potential for lacrosse equipment. Mr. Andress stated the hours of operation would be: closed on Monday, 10:00 am to 6:00 pm Tuesday – Friday, 8:00 am to 6:00 pm on Saturday and Sunday 12:00 pm to 5:00 pm. Mr. Andress stated there would be 2 full time employees with a potential of adding another full-time employee in the future. Mr. Berkowitz asked Mr. Andress about the possibility of having a stop sign installed at the HealthPlex exit behind the new addition. Mr. Andress stated he had no objection to the installation of a stop signed except that he believes the proposed stop sign location is on the Lowe’s property. Mr. Watts asked if Mr. Andress and Mr. Bianchino would meet with Lowe’s regarding the installation of the stop sign. Mr. Higgins asked if there would be any rollerblading outside the store or in the parking lot that might cause a problem with the traffic. Mr. Andress stated there would be no outside demonstrations. Mr. Berkowitz asked if there would be skateboard sold at the proposed location. Mr. Andress stated he had no knowledge of skateboard sales. Mr. Higgins stated the Board had concern with rollerblading and skateboarding outside of the store because there is a great deal of traffic in that particular area.
Mr. Higgins made a motion to approve the change of tenant and sign applications for the Hockey Store n’ More. Mr. Berkowitz seconded. Motion carried.

05.105 NB Bovis Lend Lease, 7 Corporate Drive – Change of Tenant
Mr. Address proposes a change of tenant application located at 7 Corporate Drive. Mr. Andress stated the applicant wishes to relocate their business from 12 Corporate Drive to 7 Corporate Drive. Mr. Andress stated the applicant wishes to relocate their construction management office to 7 Corporate Drive to increase their office space from 1,400 SF to 3,000 SF. Mr. Andress stated that the applicant has been at 12 Corporate Drive for the past four years. Mr. Watts asked if there would be a sign change. Mr. Andress stated the sign change was not included in this application. Mr. Watts asked Mr. Williams if there would be adequate parking available for this tenant change. Mr. Williams stated yes and that Mr. Andress has submitted a parking analysis for the site.
Mr. Berkowitz made a motion to approve the change of tenant application. Mrs. Patenaude seconded. Motion carried.

05.106 NB Freedom One Funding, 7 Corporate Drive – Change of Tenant
Mr. Andress proposes a similar change of tenant application that is also proposed for 7 Corporate Drive. Mr. Andress stated that Freedom One Funding would be relocating from the Abele’s building located at 1532 Route 9. Mr. Andress stated the applicant wishes to increase the size of their office space to 2,700 SF. Mrs. Patenaude asked how much parking was available at the site. Mr. Andress stated there was one parking space available per 200 SF. Mr. Andress stated that Freedom One Funding is the third tenant that will be located at 7 Corporate. Mr. Andress stated that the CPA firm at this location has less demand for a number of spaces. Mr. Andress stated there are 35 spaces verses 43.3 which are provided.
Mrs. Patenaude made a motion to approve the change of tenant application. Mr. Higgins seconded. Motion carried.

05.107 NB Studio D Beauty Salon, 215-17 Guideboard Road – Change of Tenant
Mr. Carl Holsberger, Vice President of Duane Realty, proposes a beauty salon in Country Dollar Plaza located on Guideboard Road. Mr. Holsberger stated the spaces has been vacant for approximately 7 years which was formerly used by Sysco Foods. Mr. Watts asked what the hours of operation would be. Mr. Holsberger stated the salon would operate 5 days a week Tuesday through Saturday for 12 hours daily from 8:30 am to 8:30pm. Mr. Holsberger stated the salon would be closed on Sunday and Monday. Mr. Watts asked what the maximum number of employees would be. Mr. Holsberger stated there would be 10 employees. Mr. Watts asked how many cars would be in the lot at any moment. Mr. Holsberger stated he believed that the site has been approved for 161 spaces. Mr. Holsberger stated that the Corporation had entered into an agreement with the Town where some spaces were given up with respect to the sewer trunk line. Mr. Holsberger stated he was unsure how many were given up. Mr. Holsberger stated he believes there was an agreement at that time that they would not be regarded as not in compliance. Mr. Chauvin stated they would not be held at a higher standard than they had prior to giving up the land for the installation of the trunk line. Mr. Chauvin stated that the agreement was whatever number of parking spaces was there prior to the 10-ft. easement area, they would not be held at the higher standards. Mr. Watts asked if it the 161 parking spaces were for both the buildings at the Country Dollars Plaza. Mr. Holsberger stated the 161 parking spaces were for the one building from Trust Bank to Salty’s, Mr. Holsberger stated the other building, the Carpet Warehouse, had separate parking. Mr. Watts asked how many customers would be in the salon along with the proposed 10 employees. Mr. Holsberger stated they had estimated 100 customers on a daily basis. Mr. Watts stated there was an issue with the parking lot striping that needs to be done. Mr. Watts stated the parking lot needed to be re-striped as it leads to some parking issues. Mr. Holsberger stated that the striping could be accomplished before the end of the summer 2005. Mr. Holsberger stated they were taking estimates on the re-striping at this time. Mr. Watts stated the handicapped parking spaces needed delineation. Mr. Watts stated the Town’s Building Department would work with them in regards to the placement of the handicap spaces. Mr. Holsberger stated they had a problem with the snow plow contractor who was taking down the handicap signs and not replacing the signs. Mr. Roberts stated he saw no problem with the tenant occupying the vacant space, however, when another tenant moves into the plaza then parking may become a concern. Mr. Holsberger stated there is an easement that the telephone has in between Trustco Bank and the Carpet Warehouse and they would like to utilize for parking. Mr. Holsberger stated that they are attempting to get the easement situation resolved that will enable the plaza to have more than the 161 parking spaces. Mr. Nadeau stated to Mr. Chauvin that the Board has had difficulty in the past getting the site up to standards and getting the striping done. Mr. Nadeau asked Mr. Chauvin what mechanisms the Board could use to insure that the striping and improvements are done to the parking area. Mr. Chauvin stated that the Board could make the striping a condition of the approval and if the striping is not done then action can be taken against them. Mr. Chauvin stated the Board could request a security for future improvements in the form of a letter of credit, a bond or cash escrow. Mr. Chauvin stated the Board could hold up their approval if the current parking lot is not up to code. Mr. Holsberger assured the Board the striping of the parking lot would definitely be taken care of once the good weather arrives. Mr. Watts stated that the Board would have a deadline of June 1, 2005 for the parking lot striping. Mr. Holsberger agreed that the parking lot would be re-striped by June 1, 2005.
Mr. Roberts made a motion to approve the change of tenant application contingent upon the parking lot striping be completed by June 1, 2005. Mr. Nadeau seconded. Motion carried.

05.108 NB V.J.B. Auto Sales, 1638 Route 9 – Change of Tenant & Sign
Mr. Watts stated to the Planning Board Members that the Town’s Code Enforcement people have visited the site. Mr. Watts stated the site was formerly Gold Star Auto Sales. Mr. Watts stated that Mr. Murphy, Director of Code Enforcement, has relayed that the restroom facilities are appropriate, siding is going up on the building and the carport will be demolished January 11, 2005. Mr. Watts stated that from the Building Departments perspective the site is now in compliance. Mr. Vincent Byrne proposes to locate his used car sales business at 1638 Route 9. Mr. Byrne submitted a picture of the proposed sign to the Planning Board Members. Mr. Byrne stated that he has been in the used car business for over 20 years. Mr. Byrne proposes to further clean up the property. Mr. Higgins asked if one license would be running out of the proposed site. Mr. Byrne stated there would only be one license. Mr. Higgins stated that previous applicants have returned to the Board to state they could not operate with only 12 vehicles on the site. Mr. Higgins stated the site is a preexisting non-conforming site. Mr. Higgins stated the condition of the approval is that the maximum number of vehicles that can be displayed at the site at any one time is 12. Mr. Byrne stated he was aware of the condition. Mr. Byrnes asked how many employee vehicles could be on the site in addition to the 12 display vehicles. Mr. Chauvin stated that he believed it to be 4, but it could be 3. Mr. Higgins stated that the Board would appreciate the additional clean up of the property. Mr. Roberts stated there were past tenants who had their prospected buyers test drive cars on Oak Hill Drive and this would not be allowed. Mr. Byrne stated that there will be no test driving on Oak Hill Drive. Mr. Roberts further stated that no cars are allowed to park in the State right-of-way on Route 9. Mr. Byrne stated that the vehicles would be kept back from the road because of site distance, as drivers who are stopped at the stop sign cannot see around the parked vehicles.
Mr. Roberts made a motion to approve the change of tenant and sign application contingent upon a maximum of 12 display vehicles, no test-driving on Oak Hill Drive and no parking in Route 9 right-of-way. Mrs. Patenaude seconded. Motion carried.

05.109 NB Brazell Subdivision, 100 Fellows Road – Minor Subdivision
Mr. Gil VanGuilder of Gilbert VanGuilder and Associates proposes to subdivide an existing 2-acre parcel located on the western side of Fellows Road owned by Brazell Appraisal Service. Mr. VanGuilder stated that the parcel located on Fellows Road is north of Route 146. Mr. VanGuilder stated that previously a mobile home was on the property that was recently removed. Mr. VanGuilder stated that there is an existing driveway that is proposed to serve both lots. Mr. VanGuilder stated that applicant wishes to subdivide the parcel into 2 conforming lots that will be served by individual private wells and individual private septic systems. Mr. VanGuilder stated the proposed subdivision would create a 40,000 SF lot and a 47,825 SF flag lot. Mr. Higgins asked if the proposed flag lot was just going to be noted on paper, as it will not be accessible by a driveway. Mr. VanGuilder stated that the flag lot allows for frontage on the public road and it would not be utilized for the common driveway. Mr. VanGuilder stated the existing driveway would be used for the common driveway. Mr. VanGuilder stated that there would be a common ingress/egress easement over the existing driveway that the 2 lots will use in common. Mr. VanGuilder stated that Mr. Brazell owns a single-family home on a separate lot that he has granted Mr. Fusco a temporary easement to his property while Mr. Fusco is constructing his own driveway. Mr. Bianchino asked if the existing driveway was also located on Mr. Fusco’s property. Mr. VanGuilder stated that Mr. Fusco retained an easement over the small corner so he could continue to use the existing driveway.
Mr. Nadeau made a motion to set a Public Hearing for the January 24, 2005 Planning Board Meeting. Mr. Berkowitz seconded. Motion carried.

05.110 NB Gas Turbine Parts & Svc. Inc., 1 Old Route 146 - Sign
Mr. Fernando proposes to replace the existing freestanding sign with a new, double-sided, non-lit freestanding sign. Mr. Higgins asked the applicant the height of the existing sign. Mr. Fernando stated that it was 9 to 9.5-ft sign and proposes to place the sign in the exact location as the existing sign. Mr. Roberts stated the existing sign is very close to the right-of-way and that the new sign could not be in the right-of-way.
Mr. Roberts made a motion to approve the proposed sign application contingent upon the sign being out of the right-of-way. Mrs. Patenaude seconded. Motion carried.


Mr. Berkowitz made a motion to adjourn the January 10, 2005 Planning Board meeting at 8:56 pm. Mrs. Patenaude seconded. Motion Carried.


Respectfully Submitted,

Milly Pascuzzi
Planning Board Secretary