Planning Board Minutes - February 28, 2005

Those present at the February 28, 2005 Planning Board meeting were:

Planning Board Members: Steve Watts – Chairman
Don Roberts – Vice Chairman
Rich Berkowitz
Cindy Patenaude
Marcel Nadeau
John Higgins

Planner: Jeff Williams

Deputy Town Attorney: Lyn Murphy

Town Board Liaisons: Mindy Wormuth

CHA Representative: Bob Lockwood


Mr. Watts opened the February 28, 2005 Planning Board Meeting at 7:00pm. Mr. Watts asked the Planning Board Members if they have reviewed the February 14, 2005 Planning Board Minutes. Mr. Roberts made a motion to approve the February 14, 2005 Planning Board Minutes. Mr. Higgins seconded. Motion carried.

Public Hearings:
04.213 NB Fairway Meadows Phase II, Johnson Road – Major Subdivision/GEIS
Mr. Roberts recused himself from this item. Mr. Watts opened the Pubic Hearing at 7:01 pm. Mr. Watts asked if anyone would like to have the Public Notice Read. No one responded. Mr. Lansing, of Lansing Engineering, proposed the Fairway Meadows Phase 2 conventional residential subdivision located off of Johnson Road. Mr. Lansing stated that this project has previously been before the Board for review. Mr. Lansing stated for the public’s benefit he would go over the details for them. Mr. Lansing stated that the overall parcel is approximately 254-acres that was formerly used for agricultural activities for crop farming and for livestock. Mr. Lansing stated there is an existing farmhouse located on the parcel with accessory structures for farm use. Mr. Lansing stated the proposed development includes a 3 Phase development totaling approximately 244 units. Mr. Lansing stated that Phase 1 consists of 74 units, Phase 2 consists of 101 units and Phase 3 consists of approximately 69 units. Mr. Lansing stated the proposed project would be served by public water extending from Johnson Road and the adjacent Fairway Estates PDD. Mr. Lansing stated that storm water would be mitigated on-site through a series of on-site storm water detention basins. Mr. Lansing stated that sanitary sewer would be provided by County Sewer. Mr. Lansing stated the sewer would be gravity service to a trunk line that goes down and connects into the Saratoga County Sewer District trunk line along the railroad tracks. Mr. Lansing stated that Phase 3 would be served by a gravity system going to a pump station that would pump up into the gravity system out toward the Anthony Kill sewer trunk line in that area. Mr. Lansing stated the proposed project is located within the Northern Halfmoon GEIS. Mr. Lansing stated the proposed project includes 20% green space as part of Phase 1 and 20% green space was positioned along Johnson Road in accordance with the GEIS to preserve the rural character of the area. Mr. Lansing stated the application also includes trails throughout Phase 1. Mr. Lansing stated that Phase 2 also includes a trails system. Mr. Lansing stated that as part of the GEIS the proposed project would be required to pay the mitigation fees for each individual lot that is approximately $3,000 for each individual lot. Mr. Lansing stated that SEQR review was performed for the entire project with all 244 units in all three Phases was found to be in accordance with the statement of findings for the GEIS and as a result a negative declaration to SEQR was issued for the entire three Phases of the project. Mr. Lansing stated that Phase I with approximately 74 lots was approved about 2 years ago and it has been constructed and all 74 lots are built out and they are ready to advance into the next phase of the project. Mr. Lansing stated that Phase 2 includes approximately 7,200 linier feet of road with 101 lots. Mr. Lansing stated that water, storm water and sewer would be extensions of the existing infrastructure that was constructed as a part of Phase 1 extending along the roadways. Mr. Lansing stated that all lots would be serviced by public water, public sewer and provide storm water management. Mr. Lansing stated that they have supplied written documentation to the Town and to CHA for review and they will continue to work with both CHA and the Town to address whatever comments they may have. Mr. Lansing stated that they are before the Board for public comments so the project may be advanced toward preliminary approval to be submitted to DEC and DOH. Mr. Watts asked if anyone from the public wished to speak. Mr. Steve LeFevre, a managing geologist with Barton & Loguidice Consulting Engineers in Albany, stated he was representing the City of Mechanicville. Mr. LeFevre stated that the City of Mechanicville has some concerns with the potential impacts of the storm water run off for the proposed Fairway Meadows Phase 2 development. Mr. LeFevre stated that Barton & Loguidice was recently retained by the City of Mechanicville so he was not fully up to speed on all aspects of the project. Mr. LeFevre stated that it has been brought to his attention by the City of Mechanicville that the storm water run off from the Phase 1 development has caused some erosion and sediment issues as they relate to increased flooding of the Anthony Kill and flooding of homes located in the City of Mechanicville particularly along Railroad Street. Mr. LeFevre stated that it was his understanding and he has photographs that document the flooding and erosion that has occurred on the Elizabeth Street Extention. Mr. LeFevre requested that the City of Mechanicville be provided with copies of the drainage report and the storm water pollution prevention plan that were prepared for the proposed subdivision so they may be reviewed. Mr. LeFevre requested copies of the SPEDES construction permits and any other applicable permits for the proposed subdivision. Mr. LeFevre stated that they would like to be provided with written documentation that the Town’s Engineer’s have reviewed and approved. Mr. Watts stated that Mr. LeFevre would need to make a F.O.I.L. request to the Town’s Clerk. Mr. LeFevre stated that he wanted to go on record on the behalf of the City of Mechanicville that the City be provided with a significant period of time to review all the aforementioned documentation. Mr. Watts stated they would proceed with due process with the normal processing of the submitted application. Mr. LeFevre stated that it was his understanding that the City of Mechanicville in the past have expressed concerns relative to the increased erosion and run off into the Anthony Kill due to this project. Mr. Watts stated that he understood the position that they were in, however, the opportunity for review of the documentation was available to any person. Mr. Watts stated that he did not know what the review would find but no extensions in time period would be granted. The applicant, Mr. Bruce Tanski, stated that according to DEC regulations, they are required to have an inspection once a week by their Engineers, which are being done and at no time during the course of this construction has their retention ponds ever overflowed. Mr. Tanski stated that the retention ponds are monitored very closely. Mr. Tanski stated that by law, if there is ½ inch of rain, and there has been some instances, the site was visited by his Engineers a couple of times a week at a cost to him. Mr. Tanski stated that he felt Mr. LeFevre’s statements were untrue as there has been no erosion caused by his project. Mrs. Henrietta O’Grady of Church Hill Road asked Mr. Lansing the proximity of the Mechanicville High School to the project. Mr. Lansing stated that Mechanicville High School was not adjacent to the site. Mr. Don Carola of McBride Road asked regarding the trails proposed for the project. Mr. Lansing stated yes there would be trails. Mr. Carola asked if there was a master plan for the trails. Mr. Carola asked who would pay for the trails and who would maintain the trails. Mrs. Wormuth stated that the Town has a Trails Committee who is currently working on a Trails Master Plan that will be presented and hopefully adopted by the Town Board and then to the Public. Mrs. Wormuth stated that the trails are now being done project to project. Mr. Carola asked Mr. Lansing the size of the lots. Mr. Lansing stated the minimum lot sizes are 20,000 SF, which is a little less than a ½-acre. Mr. Watts stated to Mr. Corola that the trails are not paved and they are put in at the expense of the developer so there would be no expense to the Town. Mr. Carola asked who would be liable if an accident occurred on one of the trails. Mrs. Murphy stated the issues have been looked at regarding liability and the Town is well aware of its position as is Mr. Tanski and based on both being competent, the surveys that went out to the Town, the requests made by the citizens of the Town and the agreements that have been made with Mr. Tanski, the Town is comfortable with its position with regards to these trails. Mr. Carola stated there is a possibility of crime and many other issues and if there isn’t a master plan, he couldn’t see how people could request or vote for the master plan. Mr. Watts stated there was a master plan. Mrs. Wormuth stated there was a master plan for the Town and the Trails Committee is working on specifically a trails master plan. Mr. Watts closed the Public Hearing at 7:15 pm.
This item was tabled and referred to CHA for further review.

04.220 NB St. Luke’s Episcopal Church, McBride Road – Site Plan-Special Use/GEIS
Mr. Watts opened the Pubic Hearing at 7:16 pm. Mr. Watts asked if anyone would like to have the Public Notice Read. No one responded. Mr. Peter Loyola of CLA Site stated they were before the Board for public comment with regard to the proposed St. Luke’s Episcopal Church. Mr. Loyola stated for the public’s benefit that the proposed church is located just off of Pruyn Hill Road on McBride Road that is situated just around the first bend in the road. Mr. Loyola stated that there is approximately 8-acres of property, which is proposed to be developed. Mr. Loyola stated the proposal for Phase 1 is for a 4,900 SF Community Center. Mr. Loyola stated at the present time they are proposing to hold all church activities in the Community Center and at a later date a church facility would be constructed. Mr. Loyola stated that 50 parking spaces are proposed in Phase 1. Mr. Loyola stated they are proposing an access road off of McBride Road. Mr. Loyola stated there is proposed on-site septic systems and storm water drainage would be handled through a detention pond at the lower portion of site. Mr. Loyola stated they are trying to create a rural looking type building and they have floor plans for the 4,900 SF Community Center. Mr. Loyola stated they would be working with a local builder upon site plan approval. Father Leach stated they are calling Phase 1 the Community Center but it will be multipurpose for worship on Sunday’s, a parish hall and a meeting place for the other days of the week until the church is constructed. Mr. Watts asked if anyone from the Public wished to speak. Mr. Don Carola of McBride Road stated that his property was adjacent to the proposed Community Center property and stated he was very pleased as a Catholic and a Christian to welcome the church to the area. Mr. Carola stated he had no objections to the proposed project but would like to hear more on Phase 2 of the project. Mr. Loyola stated there would be approximate 3-acres of development with a total build out of approximately 117 parking spaces. Mr. Loyola stated there would be the Community Center, a Church and a rectory. Mr. Roberts asked if there would be a day care center. Mr. Loyola stated there would be no day care center. Mr. Berkowitz asked how many parking spaces were proposed for Phase 1. Mr. Loyola stated they are proposing 62 parking spaces for Phase 1 with 50 parking spaces required. Mr. Loyola stated that the total required parking spaces are 102 based on the entire build out of the proposed project and they have provided 117 total parking spaces. Mr. Loyola stated they are proposing 55 parking spaces for Phase 2. Mr. Lockwood stated they have had correspondence with CLA and they have addressed CHA’s comments. Mr. Higgins asked the location of the sewage septic field. Mr. Loyola stated the sewage septic would be located in open fields. Mr. Watts stated to Mr. Loyola and Father Leach that they have done a good job with this proposed project and the project is a low intensity use. Mr. Watts stated that one of the neighbors who spoke mentioned they would enjoy having St. Luke’s in the area. Mr. Watts stated he did not see any traffic issues because there would be mainly weekend use and the project will be a welcome addition to the Town of Halfmoon. Mrs. Patenaude asked if there were any outstanding questions from CHA. Mr. Lockwood stated there were no outstanding comments. Mrs. Patenaude stated that it was previously mentioned that there would be different activities that would take place during the week and she would like to know specifically what they were and what time these activities would be held. Mr. Loyola stated the traditional uses would be Sunday morning for worship service. Mr. Loyola stated that they are anticipating small bible study groups at different periods of time during the week and stated these would be low intensity types of use. Mr. Loyola stated that on some weekends there is the possibility of receptions and different church functions. Mr. Loyola stated there are currently 40 families that are parishioners and they are hoping this number will grow. Mr. Loyola stated that, if possible, they were looking to get a final approval at tonight’s meeting.
Mr. Roberts made a motion to pass a Negative Declaration as per SEQR noting that the proposed development will not have any detrimental affects to the environment. Mr. Nadeau seconded. Motion carried.
Mr. Roberts made a motion to approve the site plan special use application. Mr. Nadeau seconded. Motion carried.



Old Business:
04.235 OB Adam’s Pointe, Johnson Road – PDD Major Subdivision/GEIS
Mr. Ivan Zdrahal of Ivan Zdrahal and Associates proposes a residential subdivision for a PDD at the intersection of Johnson and McBride Roads. Mr. Zdrahal stated the proposed PDD is to be located on a 16-acre parcel. Mr. Zdrahal stated the 16-acre parcel is proposed for a residential use with a specific market for empty nesters. Mr. Zdrahal stated the proposed PDD is for 21 lots. Mr. Zdrahal stated that of the 16-acres there would be 44% open space. Mr. Zdrahal stated that the lots would vary in size. Mr. Zdrahal stated that the average lot size is 14,000 SF. Mr. Zdrahal stated he has a report with plans of models of the proposed homes. Mr. Zdrahal stated that access to the site would be on Johnson Road. Mr. Zdrahal stated the project has a proposal for a loop road to be dedicated to the Town. Mr. Zdrahal stated that the proposed project is in accordance with the guidelines established in the Northern Halfmoon GEIS. Mr. Zdrahal stated that with respect to the allowable density, extra open space has been added to allow for a density increase. Mr. Zdrahal stated the proposed project has been changed from 18 conventional lots to 21 smaller lots. Mr. Zdrahal stated that one benefit of the proposed project would be extra open space. Mr. Zdrahal stated the applicant will construct trails which will be owned and maintained by the Town that will be located in a ROW or if the trails don’t fit the master plan for the multi-trail system, the applicant is proposing to contribute construction costs of a trail system located somewhere else within the Town as an added benefit. Mr. Zdrahal stated the proposed cluster type development would require less maintenance on the roads and the proposed empty nester homes without children would generate school taxes. Mr. Zdrahal stated there would be a full Homeowners Association that will own and maintain the open space as well as snow removal and grass mowing for the individual residential lots. Mr. Watts asked if the Homeowners Association has been developed yet. Mr. Zdrahal stated the HOA has not been established yet but would eventually be provided for review. Mr. Watts asked for clarification on the contribution of costs of the trails. Mr. Zdrahal stated the applicant would pay the full constructions costs. Mr. Patenaude asked if the entrance to the development was down further from Raylinsky Lane. Mr. Zdrahal stated that it was. Mr. Zdrahal stated there is some vegetation along the existing wetlands and the applicant is also proposing to create additional landscape screening, as the project would be viewed from the public road. Mrs. Patenaude asked what was the smallest lot size in the proposed development. Mr. Zdrahal stated the smallest lot was approximately 12,000 SF. Mr. Zdrahal stated that in a PDD the minimum lot size is 10,000 SF. Mr. Nadeau stated the correct minimum lot size in a PDD is 10,421 SF. Mr. Berkowitz asked if the proposed development would all have the minimum lot size, how many lots would fit on the parcel. Mr. Zdrahal stated this was a conventional proposal consisting of 18 lots. Mr. Zdrahal stated the PDD would allow the open space to be increased by 3.3-acres. Mr. Nadeau asked what the added benefit of the 3 extra lots would be to the Town. Mr. Zdrahal stated the proposed project would be developed in a smaller area and now would give additional open space for the benefit of public trails. Mrs. Wormuth asked for clarification; that because the proposed PDD does not connect to the Town’s public trails, was she correct in stating that the applicant is willing to pay the Town for the costs that would be incurred to construct the trails on the proposed project and allow the Town to construct the trail somewhere else. Mr. Zdrahal stated that was correct. Mrs. Wormuth further stated the trail would be constructed on the proposed site if the Town desires it there or otherwise allow the site to be located elsewhere so it would still be a benefit to the Town at another location. Mr. Zdrahal stated that was correct. Mr. Zdrahal stated the application report would have a summary of the construction estimate that would have to be reviewed by their Engineer. Mr. Higgins asked if Mr. Zdrahal and the applicant have some adjoining property across the road and if they had plans for those sites. Mr. Zdrahal stated that there were no plans as of yet for that property located to the west on Johnson Road. Mr. Higgins asked if there were 1 or 2 pieces of property. Mr. Zdrahal stated that there were 2 pieces of property. Mr. Higgins asked if the smaller lot subdivision HOA’s would be responsible for total maintenance and responsible for the taxes on the open space. Mr. Zdrahal stated that was correct. Mr. Higgins asked if the proposal were all to be conventional, would the individual homeowners be responsible for the total pieces of the property. Mr. Zdrahal stated that under the conventional plan the entire parcel would be subdivided for individual lots. Mr. Zdrahal stated that a portion of those lots would be covered by land preservation area that would basically be lands to remain undeveloped. Mr. Higgins asked if there would be 18 lots on the conventional concept. Mr. Zdrahal stated that was correct. Mr. Higgins asked if they would be crossing wetlands in several areas. Mr. Zdrahal stated the wetland disturbance was very minor. Mr. Zdrahal stated that the conventional is .05-acres and the cluster is .03-acres. Mr. Nadeau stated he did not feel that in the conventional layout there would be a gain in the open space to the Town. Mr. Zdrahal stated the 3 extra lots would provide extra space and they could justify the additional density but the objective is really to create a project for this specific type of use for the empty nesters. Mr. Nadeau stated that they may be marketing to empty nesters but once you have an approval the Board would have no control over who would purchase those homes so it may not necessarily be empty nesters purchasing those homes. Mr. Zdrahal stated they would be presenting the project for the empty nester type uses. Mr. Dean Taylor, applicant, stated when doing a Homeowners Association on small lots, they cannot limit who the property is sold to but they can design it to a certain market. Mr. Taylor stated that because of the cost to the association would be well over $100.00 it would not be attractive to people with families. Mr. Taylor stated the project proposes to build the homes to be marketed to a new margin. Mr. Taylor stated the homes would be built on smaller lots, bedrooms on the first floor and would have the Homeowners Association. Mr. Taylor stated that there is the possibility that some of the homes would have children. Mr. Taylor stated that a similar project has been built in Loudonville with 125 units and there is 1 family with 1 child that goes to school. Mr. Taylor stated that other projects done by other builders, such as the Michael’s Group, in the ratio of the amount of children that go school in homes built geared to a certain age group shows substantially under 5 percent. Mr. Taylor stated they were aiming for that percentage. Mr. Taylor stated that the way the GEIS is written, it encourages this type of project. Mr. Taylor stated the GEIS is looking for the applicant to give more open space as oppose to having homes built in the open space areas. Mr. Taylor stated they are looking to accomplish what the Town has set up in the GEIS with this application. Mrs. Patenaude stated she goes back and forth on this type of project but if they are clustering and providing more open space that is one of the things that did come up in GEIS and people wanted to see more of because the rural look is maintained when you drive by and continue to see rural land. Mrs. Patenaude stated she could see why they need to be careful about the smaller lots without good benefits and at the same time she believes the numbers will show that this does meet the GEIS where the increased lots are traded off as per the formula for additional green space. Mrs. Patenaude stated she had no problem with the proposed project. Mr. Watts stated that he agreed with Mrs. Patenaude. Mr. Watts stated there might still be some issues with the contributions and public benefit, which will have to be addressed. Mr. Roberts stated he did have a concern with the projects with smaller lots setting a precedent.
This item was tabled and a committee will be set up to meet with the developer to discuss which type of development the applicant will proceed with on this project.

New Business:
05.129 NB Resnick Mattress, 1683 Route 9 (St. John’s Plaza) - Sign
This applicant was not present and no action was taken on this item.

05.130 NB Blimpie Restaurant, 1549 Route 9 (Wal-Mart) – Change of Tenant
The applicant, representing Panko Electric, proposes a Blimpie Restaurant located within the Wal-Mart of Halfmoon store located at 1549 Route 9. The applicant stated that Wathco Inc. is the management firm that will secure the building permit and would be handling the coordination of the Blimpie Sub project. The applicant stated that Panko Electric would be the general contractor for the project. The applicant stated they would be utilizing the space that was formerly used by Kid’s Connection Restaurant. The applicant stated that the existing layout would remain the same for the Blimpie Restaurant. The applicant stated there would be changes in the retail sales countertops, cabinetry, booths and table package, and VCT flooring. The applicant stated the VCT flooring will be layered over the top of pre-existing VCT floor and some equipment will be changed out, such as cappuccino/coffee makers, popcorn and nacho machines. The applicant stated the Blimpie remodel would also receive new paint and FRP. The applicant stated the electrical service for the tenant would also be changed according to the plans. The applicant stated the construction project would last about 2 weeks. The applicant stated that the Blimpie Restaurant would sell breakfast, sub sandwiches, nachos and all kinds of snacks. The applicant stated the restaurant would have 5 employees for the location with 2 employees working each shift. The applicant stated that the hours of operation would be Monday through Friday 7:00 am to 11:00 pm. Mr. Roberts stated that Wal-Mart was maximized out in their exterior signage and there could be no exterior signage. The applicant stated there would be no exterior signage. Mr. Watts asked if the customers would generally be the Wal-Mart shoppers and employees. The applicant stated that was correct. Mr. Watts asked the applicant if there would be additional traffic generated by the Blimpie Restaurant. The applicant stated the hours would be Monday through Friday 7:00 am to 11:00 pm when the Wal-Mart store is opened. Mr. Watts stated the Wal-Mart store is open seven days a week. The applicant stated the Blimpie Restaurant would only be open Monday through Friday. Mr. Watts stated that the application stated the restaurant would be open seven days a week. Mrs. Murphy stated that because the application states seven days a week, the application will be the bonding document and the Board will assume that it will be open for business seven days a week. Mr. Watts stated to the applicant that on their advertising it should state “Blimpie’s of Halfmoon”.
Mr. Roberts made a motion to approve the change of tenant application. Mrs. Patenaude seconded. Motion carried.

05.131 NB Betterbodz, 163 Route 146 – In-Home Occupation
Mr. Peter Reilly, Atty., is representing Ms. Joyce Kania for her In-Home Occupation Use Permit application. Mr. Reilly stated that the In-Home Occupation is located at 163 Route 146 on a 21.79-acre parcel with one single-family home. Mr. Reilly stated that the business, Betterbodz, is an Internet business selling vitamins over the Internet. Mr. Reilly stated the In-Home Occupation would have no retail sales on the premises, therefore, would not generate any traffic at the site whatsoever. Mr. Reilly stated that the only traffic in and out of the site would be two deliveries per day. Mr. Reilly stated there is one delivery in the morning and one delivery in the afternoon. Mr. Reilly stated that he has had a conversation with Mr. Chauvin in regards to the definition of the Town Ordinance and how it applies to this application. Mr. Reilly stated that their position is that this application in no way offends the Town Ordinance, as there are no retail sales to persons coming in and out of the property. Mr. Reilly stated that the applicant fills the orders and then has the products shipped out. Mrs. Patenaude asked if the applicant had any employees. Mr. Reilly stated that the application was inconsistent as it stated there would be one employee and the application narrative stated no employees. Mr. Reilly made clarification and stated there is one employee working 9:00 am to 5:00 pm Monday through Friday. Mrs. Patenaude asked about the number of deliveries going out per day. Mr. Reilly stated that the two incoming deliveries per day also picked up the outgoing orders at the same time. Mr. Reilly stated the delivery trucks were either UPS or FedEx small panel trucks with no tractor-trailer deliveries. Mr. Reilly stated the site has a very long driveway for the trucks to access. Mr. Higgins stated that there are two additional buildings on site and were they used for storage of the products. Ms. Kania stated that one of the buildings was for her horses and two-thirds of the other building was used for hay. Mr. Higgins asked if anyone lived in either of the buildings. Ms. Kania stated no as these buildings were inhabitable to humans and they were just used for animals. Mr. Watts asked how the property was zoned. Mr. Reilly stated that it was zoned A/R. Mr. Watts stated that in the new master plan the property would be designated as Commercial-Professional Office Park. Mr. Reilly stated as you go south from the property it is zoned Commercial. Mr. Reilly stated that the applicant wants to comply with the Zoning Ordinances but there would be no impact whatsoever land use wise on any surrounding property. Mr. Nadeau asked how this application would be handled with its minimal operation as compared to the applications that were denied that also had the same impact. Mrs. Murphy stated that this application would required a Public Hearing so if the Board chooses to they should asked for a Public Hearing and should asked her to do some research with regard to the Zoning Ordinance issues. Mr. Watts stated that he is on the Zoning Committee and based on the last meeting he believes the committee will be moving along with the zoning on the Route 146 commercial corridor and one other rural/residential area. Mr. Watts suggested that a Public Hearing should be schedule to see if there is any opposition to this application.
Mr. Roberts made a motion to set a Public Hearing for the March 14, 2005 Planning Board Meeting. Mr. Higgins seconded. Motion carried.

05.132 NB Route 9 Restaurant/Hotel, Route 9 – Commercial Site Plan
Mr. Joseph Dannibal of Environmental Design Partnership is representing JR Development LLC who proposes a Commercial Site Plan for a 5.1-acre site located on Route 9. Mr. Dannibal stated the proposed site is zoned C-1. Mr. Dannibal stated that on the 5.1-acre parcel there is 27,000 SF of wetlands and 1.7-acres of DEC area adjacent to the wetlands. Mr. Dannibal stated that the proposed use is for a 6,100 SF restaurant located toward the front of the parcel on Route 9. Mr. Dannibal stated that the proposed restaurant would offer oriental cuisine. Mr. Dannibal stated that to the rear of the site the applicant proposes a 2-story 30 to 40-unit hotel. Mr. Dannibal stated that the proposed hotel would be furnished with efficiency suites. Mr. Dannibal stated that the occupants of the proposed suites would have cooking facilities and could stay for extended periods of time. Mr. Dannibal stated the parcel currently has a house located on it, which is proposed to be re-located for use as a residence for the owners and managers of the proposed restaurant/hotel. Mr. Dannibal stated there would be 77 parking spaces for the restaurant site, with an additional 45 parking spaces for the hotel and 2 parking spaces for the residence in the rear of the parcel. Mr. Dannibal stated that there would be a total of 124 parking spaces that does meet all the Town requirements for zoning. Mr. Dannibal stated this parcel is located very close to the wetlands and there are some issues. Mr. Dannibal stated that DEC has visited the site and are aware of the proposal. Mr. Dannibal stated there would be no direct impact to the wetlands on-site. Mr. Dannibal stated there would be impact to the wetlands in an adjacent area and there are permits available for the adjacent area impacts. Mr. Dannibal stated they would be applying for the permits after comments from the Town. Mr. Dannibal stated the applicant is proposing to connect to exiting water main in the ROW of Route 9. Mr. Dannibal stated they would need approvals from the Town’s water department for the water connection. Mr. Dannibal stated the applicant proposes to extend a sewer lateral down Route 9 approximately 2,000 FT. to the intersection of Plant Road, which has gravity sewer that serves Wal-Mart and other residential subdivisions. Mr. Dannibal stated that storm water would be managed on-site to the rear of parcel. Mr. Dannibal stated the applicant proposes to landscape foundation plantings around the buildings with ornamental trees and shrubs in the parking areas and screen plantings for the service areas to the buildings. Mr. Dannibal stated that he is open to any comments and recommendations from the Planning Board. Mr. Roberts asked if the hotel would be privately owned or would it be a chain. Mr. Dannibal stated that the hotel would not be a chain and would be privately owned. Mr. Roberts asked if the same people who own the hotel would also owned the restaurant. Mr. Dannibal stated that the applicant, JR Development, would own both the hotel and the restaurant. Mr. Watts asked who the principal(s) would be in that corporation. Mr. Dannibal stated that Mr. Tommy Cheng is the principal of the development. Mr. Dannibal stated that Mr. Cheng operates similar hotel/restaurant businesses in the Burlington, Vermont area. Mr. Nadeau asked if the applicant operates any of these type businesses in the Capital District. Mr. Dannibal stated there were none that he was aware of. Mr. Berkowitz asked who would reside in the residence on the property. Mr. Dannibal stated he believes it would not be Mr. Cheng. Mr. Dannibal stated that the residence would be used by whoever is managing and operating the proposed restaurant and hotel. Mr. Berkowitz asked if the owner would be living on the premises. Mr. Dannibal stated he was not aware if JR Development is going to own the buildings or if they would be selling the property after the buildings are constructed. Mr. Dannibal stated if the buildings are sold, there could be the possibility of the owner of the property living on the premises. Mr. Berkowitz asked if the employees of the restaurant would be living in the hotel. Mr. Dannibal stated the house on the premises would be the residence for the owner or the manager of the site. Mr. Dannibal stated that he does not believe that it is JR Development’s intent to have the principal, Tommy Cheng, run and operate this site. Mr. Dannibal stated that Mr. Cheng is going to be the developer of building/developing and then would sell the property and buildings to another entity. Mr. Berkowitz asked who the buyer would be. Mr. Dannibal stated he did not know at this time. Mr. Dannibal stated that Mr. Cheng owns a couple of these types of properties in Vermont and Mr. Cheng had stated they were doing very well. Mr. Nadeau asked if the efficiency rooms could be rented for two to three weeks at a time. Mr. Dannibal stated yes as they would be furnished with a kitchen. Mr. Nadeau asked if this would be considered an apartment or a hotel. Mrs. Murphy stated there were concerns regarding the possibility of mixed uses both in the hotel/restaurant/residence. Mrs. Murphy stated there were issues that are outstanding that the applicant should be aware of and that the Board would have to look at all of these issues. Mr. Watts stated that there is more information that the Board will need. Mr. Watts stated that the Town code requires 1 parking space per 3 seats plus employees. Mr. Dannibal stated he was certain that they would not be exceeding that with the 77 parking spaces they have proposed. Mr. Dannibal stated that there are no architectural blueprints of the building at this time. Mr. Dannibal stated that the applicant is not ready to spend the money to obtain architectural blueprints to determine how many seats the restaurant would have. Mr. Nadeau stated that this information is required before there can be an approval. Mr. Nadeau stated that this application is very vague and a lot more answers are needed before the Board can move forward with this application. Mr. Watts stated that at this point more information and delineation of a business plan is required. Mr. Dannibal asked what issues needed to be addressed before the proposed application can move forward. Mr. Watts stated the issues are: the operation and location of building in front relative to the Town’s business plan along Route 9 where the Board tries to make it attractive and not have parking lots in the front facing Route 9, more green space is required, environmental issues, parking for the restaurant and the number of seats they will be proposing for the restaurant. Mr. Watts stated that there would be some legal research relative to the building that is proposed to be relocated. Mrs. Murphy stated that the Planning Board would not be able to proceed with regards to any of the research that the Board needs to do until the application is completed. Mrs. Murphy stated that the information that has been provided has not given the Board a complete application to proceed on. Mrs. Murphy stated that all the Board’s questions and issues needed to be addressed before the Board could move forward with any of the processes involved to obtain an approval on this project.
Mr. Watts stated that this application is tabled until further information is provided to the Planning Board.

05.133 NB Precision Valve & Automation, 15 Solar Drive – Addition to Site Plan
Mr. Christopher Motyl is representing AJH Enterprises. Mr. Motyl stated that the property is an existing business located in the Parkford Industrial Park PDD. Mr. Motyl stated the existing building is approximately 18,000 SF and the applicant proposes an addition due to the increased volume of business orders. Mr. Motyl stating the applicant cannot keep the business running in the existing facility and proposes to put a 12,000 SF addition onto an existing paved area. Mr. Motyl stated there are 2 parcels, the front parcel which is located off of Parkford and Solar is 2.66-acres and the rear parcel is 2.02-acres. Mr. Motyl stated that the applicant has contacted DEC for delineation of the wetland areas. Mr. Motyl stated that the DEC has a permit application that has been submitted and they have received comments back from the DEC and they have addressed all their issues concerning landscaping, erosion and grading. Mr. Motyl stated that no wetlands would be destroyed. Mr. Motyl stated that they are looking for a variance from DEC to build within the 100 FT. buffer. Mr. Motyl stated that DEC has requested that a row of cedar trees be planted. Mr. Motyl stated that the existing building has one entrance off of Solar Drive with parking and a loading dock located in the rear of the building. Mr. Motyl stated the applicant also proposes to extend a new driveway out to Crew Road. Mr. Higgins asked why the applicant would require the additional access to Crew Road. Mr. Motyl stated that with the new addition they would lose the existing loading dock. Mr. Motyl stated that with the new addition and a new loading dock, the trucks would need to access another side of the building. Mr. Motyl stated it would be advantageous to have an access to Crew Road as the site would have another access should an emergency vehicle need to get to the site and the access would further open up the site for truck traffic. Mr. Motyl stated that the truck traffic is minimal. Mr. Motyl stated that the truck traffic amounts to less than one per day. Mr. Motyl stated the trucks were 25 to 53 FT. Mr. Motyl stated the applicant has done their own count, which works out to be .87 trucks per day. Mr. Motyl stated that all the setback requirements have been met. Mr. Motyl stated that in conjunction with the wetland permit they are basically looking to go through SEQR and obtain a NEG DEC from the Planning Board. Mr. Higgins asked if the new addition would match the original building. Mr. Motyl stated they are looking to match the existing building, which is
a one-story building. Mr. Motyl stated that part of the facility is for offices and part is for the light manufacturing. Mr. Motyl stated that there would be more parking spaces than they require based on the number of employees they have. Mr. Motyl stated there are currently 48 parking spaces available with only 35 spaces used. Mr. Motyl stated that if required, the applicant is willing to put in more parking spaces.
This item was tabled and referred to CHA for review.


Mrs. Patenaude made a motion to adjourn the February 28, 2005 Planning Board Meeting at
8:30 pm. Mr. Berkowitz seconded. Motion carried.


Respectfully submitted,

Milly Pascuzzi
Planning Board Secretary