Planning Board Minutes - March 28, 2005

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

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

Planner: Jeff Williams

Town Attorney: Bob Chauvin

Town Board Liaisons: Walt Polak
Mindy Wormuth

CHA Representative: Mike Bianchino


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

Public Hearing:
05.136 PH Noradki Subdivision, 30 Ushers Road – Minor Subdivision
Mr. Watts stated that an error was made in the date of the Public Hearing Notice that was submitted to the newspapers; therefore, the Public Hearing will need to be rescheduled.
Mr. Nadeau made a motion to reschedule the Public Hearing for the April 11, 2005 Planning Board Meeting. Mrs. Patenaude seconded. Motion carried.

Old Business:
04.123 OB Tech Electric Inc., Hudson River Road – Commercial Site Plan
Mr. Higgins recused himself from this item and Mrs. Jordan replaced him. Mr. Harold Berger proposes a commercial site plan located on Hudson River Road behind Willits Garage. Mr. Berger stated the parcel is approximately 8.0-acres. Mr. Berger stated that he was previously before the Planning Board proposing a major commercial subdivision until they did the wetlands delineation. Mr. Berger stated that after the wetland delineation the parcel went from 6 lots to 1 lot. Mr. Berger stated the wetland delineation showed 60% of the parcel as wetlands. Mr. Berger stated that Tech Electric is an electrical contracting company currently located in Lansingburgh and are planning to move into a new facility. Mr. Berger stated that the proposed building is 100 FT. x 80 FT. with 1,000 SF of office space. Mr. Berger stated that remaining space would be utilized for a garage area for trucks and for storage of equipment. Mr. Berger stated that they have applied to the NYSDOT for a curb cut permit for the driveway and have not officially heard back from the NYSDOT. Mr. Berger stated that they have been working with CHA and have reached a point where they have satisfied CHA’s comments. Mr. Berger stated that Public Water is available and they will provide Public Water to the building. Mr. Berger stated that there is no sewer available and the water consumption will be very low and they propose to use a dosed raised sewage disposal system. Mr. Berger stated that the project is design so that it complies with all the Federal storm water regulations. Mr. Binanchino stated that he has worked with Mr. Berger on the project and at this point all CHA’s comments have been addressed. Mr. Bianchino stated that the only thing that is not shown on this plan is the water connection, the service to the building that Mr. Berger is working on with Mr. Tironi. Mr. Berger stated that he has submitted the water information on the second sheet of the plans. Mr. Berger stated that he has talked with Mr. Tironi and they agreed that a 1-1/4 inch service line would be appropriate for this facility unless there is a sprinkler in which they will run 6-inch ductile iron into the building. Mrs. Patenaude asked if the proposed facility is at an adequate distance from the wetlands. Mr. Bianchino stated that there is no buffer to ACOE wetland. Mr. Berger stated that CHA had asked him to submit this project to the NYS Health Department for review in which he has done and it was returned from the NYS Health Department stating that it was too small for them to deal with.
Mr. Berkowitz made a motion to approve the Tech Electric Inc. commercial site plan contingent upon NYSDOT curb cut permit and the proper water line accepted by the Town’s Water Department. Mr. Roberts seconded. Motion carried.

04.177 OB Lot 23 Halve Maen Manor North, Lot 23 Hendrik Hudson Way – Minor
Subdivision
Mr. Rob Osterhoudt of Boswell Engineering is proposing a minor subdivision of Lot 23 in Halve Maen Manor North. Mr. Osterhoudt stated they were before the Board on February 14, 2005 for a Public Hearing. Mr. Osterhoudt stated at that time an adjacent neighbor, Mr. Merrill asked for a planting buffer. Mr. Osterhoudt stated that it was also discussed the note that needed to be added to the plans in regards to no future development of the proposed lot that will be utilized by Saratoga County for a pump station. Mr. Osterhoudt stated that CHA has reviewed the plans that were submitted and CHA has issued a letter stating that all CHA concerns have been addressed. Mr. Osterhoudt stated that he was before the Board tonight to get final approval for this project. Mr. Watts asked Mr. Bianchino if all concerns have been addressed. Mr. Bianchino stated yes. Mr. Higgins asked if there should be a note on the plans stating that there can be no structures in that area as far as the easement. Mr. Osterhoudt stated that this was described already by deed because the easement exists. Mr. Osterhoudt stated that Mr. Merrill is agreeable with the proposed buffer. Mr. Watts stated that the applicant has submitted a March 7, 2005 correspondence from Mr. Merrill agreeing to the proposed planning scheme.
Mr. Berkowitz made a motion to declare a Negative Declaration per SEQR. Mr. Roberts seconded. Motion carried.
Mr. Berkowitz made a motion to approve the Minor Subdivision application. Mr. Nadeau seconded. Motion carried.





04.223 OB Vosburgh Road Commercial PDD, Vosburgh Road – Minor
Subdivision PDD & GEIS
&
05.145 NB Vosburgh Road Commercial Bldg., Vosburgh Road – Concept
Commercial Site Plan & GEIS
Mr. Jason Dell of Lansing Engineering presented the proposed Vosburgh Road Commercial Site Plan. Mr. Dell stated that the commercial site plan is Lot #2 of the 2-lot subdivision that is part of the Vosburgh Road PDD. Mr. Dell stated that the Town Board previously approved the Vosburgh Road PDD legislation. Mr. Dell stated the Vosburgh Road PDD consist of 62.5-acres. Mr. Dell stated that Lot #1 is a proposed 1.2-acre commercial parcel for professional office use and Lot #2 of the subdivision is the 58.77-acres parcel that will be dedicated to the Town that is located on the north side of Vosburgh Road/Route 146 intersection. Mr. Dell stated that Lot #3 is located south of Vosburgh Road on a 2.5-acre commercial parcel that is under contract for a Stewart’s Shop. Mr. Dell stated that the 1.2-acre lot is for the proposed commercial site plan that they are currently working with the surveyors on the project to develop the overall subdivision plan. Mr. Dell stated the proposed site consist of a 3,000 SF professional building which will be located in the center of the parcel. Mr. Dell stated this site would meet both the front yard setbacks as well as the rear yard setbacks. Mr. Dell stated that sanitary sewer would connect along the Route 146 trunk line. Mr. Dell stated that the water service would also come from a service line that extends off of the Route 146 line. Mr. Dell stated the proposed storm water management area would be located on the eastern side of the site and would be designed in accordance with DEC storm water regulations. Mr. Dell stated that the access to the site will be off of Vosburgh Road and this area is deemed to have the optimal site distance in both directions according to the Creighton Manning Traffic Study. Mr. Dell stated that all the parking would meet all of the Town’s regulations. Mr. Berkowitz asked if the proposed access road would line up with corresponding entrance on the south side. Mr. Dell state that the access road would line up. Mr. Nadeau asked if the proposed building would be parallel to Route 146. Mr. Dell stated the building would be offset from Route 146. Mr. Nadeau asked what type of screening would be used to buffer the neighbors to the left of the proposed project. Mr. Dell stated the screening would be developed as the project progresses. Mr. Higgins asked if the proposed parking area could be moved so that it was not right on the property line. Mr. Dell stated if the Board requires the parking to be relocated they will adjust the plans. Mr. Higgins stated that if there is to be screening between the parking area and the next-door neighbor, more space would be required. Mr. Higgins stated that he felt the storm water retention area should have additional buffering or mitigated more, as it will be located on a major road with a lot of traffic. Mr. Nadeau questioned if the proposed Lot #3 still had abandoned vehicles on the site. Mr. Tanski stated those vehicles have been removed from the site. Mr. Chauvin asked Mr. Bianchino if SEQR has been done. Mr. Bianchino stated SEQR has been completed for the PDD and the entire project. Mr. Nadeau asked if the access to the tower located on proposed Lot #3 would be accessible to people. Mr. Tanski stated the maintenance road wouldl be the same road where the tower is currently fenced off. Mr. Chauvin stated that the tower people would still have the right to access their property. Mr. Bianchino stated the proposed access drive is close to the proposed commercial access. Mr. Tanski stated that the tower driveway is west of the proposed access drive. Mr. Bianchino stated that the proposed access drive would be right next to the existing gravel drive. Mr. Tanski stated that they would put the access drive wherever the Town wanted it located. Mr. Tanski stated that he proposes to put a parking lot in for the Town inside of the property to be dedicated to the Town. Mr. Tanski stated if the Town would like him to move the access drive, he would do so. Mr. Bianchino stated that with two curb cuts on that section of Vosburgh Road directly next to one another would not be the best. Mr. Tanski suggested that he make a boulevard entrance with one driveway coming into his proposed commercial project and one driveway going to the Town’s land. Mrs. Wormuth stated that the Town is in the process of developing where the Town might put the parking lot and any type of trail system but no engineering has been done. Mr. Higgins asked if there were any drawings of the proposed professional building that the Board could review. Mr. Tanski stated that the building would be the same as the RE/MAX building located on Route 9. Mr. Higgins asked if it is a 2-story building. Mr. Tanski stated it was a 1-story building. Mr. Nadeau asked if the Town Board or the Planning Board would see the design on the Town land. Mr. Chauvin stated that in the past the Town Board has submitted the proposal to the Planning Board for information purposes and comments.
This item was tabled and referred to CHA for review.

04.225 OB Stewart’s Shops Corp., Vosburgh Road PDD – Commercial Site Plan
& GEIS
Mr. Tom Lewis is proposing a commercial site plan for a Stewart’s Shop located on the south side of Vosburgh Road and Route 146 intersection associated with the Vosburgh PDD application. Mr. Lewis handed out aerial photographs to the Board that show the proposed site at 200 FT., 1,000 FT., 750 FT., 500 FT., 300 FT. and 100 FT. Mr. Lewis stated that upon approval from the Board he would not be in a rush to build a shop this year. Mr. Lewis stated the Stewart’s Shop is proposed to be built on a 2.62-acre parcel. Mr. Lewis stated they are proposing the Stewart’s Shop along with three separate commercial buildings that would be phased in later when there are tenants. Mr. Lewis stated there would be 36% green space and with 91 parking spaces. Mr. Lewis stated at a previous meeting it was suggested that they show parking that could be built at a later date if needed. Mr. Lewis stated that they are under the requirements on the signage. Mr. Lewis stated that upon recommendation from the Town’s Engineer and the Board, they would make curb cuts per their requirements. Mr. Lewis stated there would be bushes planted to buffer the existing neighbors to the west of the parcel. Mr. Lewis stated that he was before the Board for questions and comments and they will apply to the DOT for a curb cut. Mr. Higgins asked if the access from Route 146 would be a right turn only. Mr. Bianchino stated this information would be dialoged with the DOT. Mr. Higgins asked if an underground system was anticipated for storm water management. Mr. Lewis stated they would work with CHA on storm water management. Mr. Watts stated the prevalent theory on storm water is not to have them underground because of the unnecessary expense and maintenance of the systems. Mr. Nadeau asked when they would begin to build. Mr. Lewis stated sometime in 2006 and when they get tenants. Mr. Lewis stated they would market tenant space as build-to-suit. Mr. Nadeau stated that due to the location of the site, there could be traffic issues and the Board would want to know what types of businesses would be coming into the site so the Board could anticipate how much traffic these types of businesses would generate. Mr. Lewis stated it was their intentions to only have uses that are allowed by the Board. Mr. Watts stated that when this project was originally discussed, one of the possible uses that Stewart’s had mentioned were medical/dental offices that would have moderate intensity use which would benefits the citizens and developments in that area. Mr. Lewis stated they are working on a marketing brochure that will go to all medical uses throughout Halfmoon and Clifton Park that would result in “good tenants”. Mr. Watts asked Mr. Lewis to submit architectural renderings of higher standard to hallmark the area. Mr. Lewis stated he has submitted renderings that will hopefully exemplify the look that the Planning Board is requesting and will also include an upscale landscaping package. Mr. Nadeau asked if Mr. Lewis could explain the buffer. Mr. Lewis stated there is a 30 FT. setback that was increased from 15 FT. Mr. Lewis stated that Mr. Tanski met with the owner of the adjacent property and they have agreed that they would either do landscaping or a fence. Mr. Lewis stated they would buffer with whatever the property owner and the Board feels is reasonable so the neighbor is completely buffered. Mr. Ruchlicki asked if the fuel pump canopy could have the same type of architecture as the proposed building. Mr. Lewis stated that they would look at other options. Mr. Watts asked where the gazebo would be located. Mr. Lewis stated the gazebo would be located on Mr. Tanski’s property across the street. Mr. Watts stated to Mr. Lewis that this was a good project that will tie in with the Town’s recreation open space and trail system and eventually people will be able to walk from their homes to get their daily paper, coffee or a loaf of bread that will help to alleviate traffic.
This item was tabled and referred to CHA for review.

New Business:
05.141 NB Wal-Mart, 1549 Route 9 – Outdoor Sales
Mr. Kevin Dubois, Assistance Manager of Wal-Mart, requested permission by the Board to set up and operate an outdoor sales area at the Wal-Mart store located at 1549 Route 9 as previously requested last year. Mr. Watts stated the reason for the annual outdoor sales permit for the Wal-Mart store is for site compliance. Mr. Watts further stated that Wal-Mart has been a very good neighbor and a very good tenant and their site has been in compliance with no parking issues or shopping cart issues. Mr. Watts stated that he is very pleased that they are using an outdoor storage facility and not using outside storage containers. Mr. Watts stated he has worked closely with the manager, John Ramsdell, and appreciate his cooperation with the Town and there are no outstanding issues with Wal-Mart at this time so he recommends approval of the outdoor sales.
Mr. Roberts made a motion to approve the Wal-Mart Outdoor Sales application commencing from March 28, 2005 through September 5, 2005 (Labor Day). Mr. Ruchlicki seconded. Motion carried.

05.142 NB Exit 9 Wine & Liquor Warehouse, The Crossings – Sign
Mr. Rick Marshall of Marshall Sign Corporation proposes to locate a sign for the Exit 9 Wine & Liquor Warehouse on an existing freestanding sign. Mr. Marshall stated the proposed sign is 3 FT. x 8 FT. and is the exact same size as the former TJ Maxx sign. Mr. Roberts stated that Mr. Todd Fischer, The Crossings land manager, submitted a letter stating he has no objections to the placement of the proposed sign. Mr. Roberts asked if the sign had neon. Mr. Marshall stated the sign was internally lit with no expose neon. Mr. Roberts asked if the sign read Exit 9 Wine & Liquor Warehouse. Mr. Marshall stated this was correct as per the sketch that was submitted with the sign application.
Mr. Roberts made a motion to approve the Exit 9 Wine & Liquor Warehouse sign application contingent upon no exposed neon and the sign must state what is on sign application. Mr. Nadeau seconded. Motion carried.

05.143 NB Peth Subdivision, 2 Route 146 – Minor Subdivision
Mr. Peth, the applicant, proposes a minor subdivision on a 15.89 parcel located at 2 Route 146 with two existing residential units. Mr. Peth stated this property has been in the family for 75 to 80 years. Mr. Peth proposes to subdivide the land and sell one of the two properties. Mr. Peth proposes to subdivide the 15.89-acre parcel to create a 1.64-acre parcel and 14.25-acre parcel. Mr. Peth stated there is existing private water and septic. Mr. Peth stated that both existing houses would utilize a Town owned road, Windy Acres Road, to access Route 146. Mr. Roberts asked if each home had their own water and septic. Mr. Peth stated yes. Mr. Nadeau asked if Windy Acres Road was a Town owned road. Mr. Chauvin stated that Windy Acres Road was maintained by the Town’s Highway Department. Mr. Chauvin stated that Mr. Peth would need documentation to show that the Town of Halfmoon owned Windy Acres Road.
Mr. Roberts made a motion to set a Public Hearing for the April 11, 2005 Planning Board Meeting. Mr. Berkowitz seconded. Motion carried.

05.144 NB Cusato’s Pizzeria & Deli, 1603 Route 9 (Towne Centre) – Change of
Tenant & Sign
The applicant, Mr. Frank Cusato, proposes to operate a pizzeria and deli. Mr. Cusato stated that the proposed location of the pizzeria and deli is 1603 Route 9 in Towne Centre Plaza. Mr. Cusato stated the former tenant of the 1,800 SF space was Design a Sign. Mr. Higgins asked if the proposed pizzeria and deli would be a combination eat-in and take-out service. Mr. Cusato stated it would be a combination of both. Mr. Cusato stated he proposes 6 tables in the eatery. Mr. Nadeau asked Mr. Williams if there was adequate parking. Mr. Williams stated Towne Centre had 86 parking spaces available. Mr. Williams stated that the applicant would require 12 parking spaces. Mr. Berkowitz asked the applicant if he had received New York State Department of Health approval. Mr. Cusato stated he did not have NYSDOH approval. Mr. Chauvin stated the applicant would need a NYSDOH approval for all of the elements of his permit and the DOH would give him all the requirements for codes. Mr. Roberts stated that maximum signage for the proposed tenant space is 2 FT. x 5 FT. Mr. Cusato stated he would cut the sign down to 2 FT. x 5 FT. Mr. Robert stated neon is not acceptable. Mr. Cusato stated the sign would be internally lit. Mr. Roberts stated that the sign should read Cusato’s Pizzeria & Deli of Halfmoon not Clifton Park. Mr. Cusato’s stated the sign will just read Cusato’s Pizzeria & Deli. Mr. Higgins asked Mr. Roberts if the sign would be single-sided. Mr. Roberts stated the sign would be placed on the building and is single-sided.
Mr. Roberts made a motion to approve the change of tenant application. Mr. Nadeau seconded. Mr. Robert made a motion to approve the sign application for a 2 FT. x 5 FT. sign. Mr. Nadeau seconded. Motion carried.


Mrs. Patenaude made a motion to adjourn the March 28, 2005 Planning Board Meeting at 7:56 pm. Mr. Berkowitz seconded. Motion carried.


Respectfully submitted,

Milly Pascuzzi
Planning Board Secretary