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Planning Board Minutes - May 9, 2005

Those present at the May 9, 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

Planner: Jeff Williams

Town Attorney: Bob Chauvin
Deputy Town Attorney: Lyn Murphy

Town Board Liaisons: Mindy Wormuth
Walt Polak

CHA Representative: Mike Bianchino


Mr. Watts opened the May 9, 2005 Planning Board Meeting at 7:01 pm. Mr. Watts asked the Planning Board if they have reviewed the April 25, 2005 Planning Board Minutes. Mr. Roberts made a motion to approve the April 25, 2005 Planning Board Minutes. Mr. Nadeau seconded. Motion carried.

Public Hearings:
05.111 PH A & M Sports Complex, McBride Road – Special Use
Permit/GEIS
Mr. Watts opened the Public Hearing at 7:02 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 Special Use Permit/GEIS for A & M Sports Complex. Mr. Lansing stated that the parcel is approximately 95-acres. Mr. Lansing stated that there is existing soccer on the site used by the Mechanicville-Stillwater Youth Soccer League. Mr. Lansing stated that the applicants are proposing a Special Use Permit for 3 softball fields, 1 pavilion, 3 outdoor basketball courts and 80 parking spaces that are accessible from McBride Road. Mr. Lansing stated the applicants also have plans for a PDD. Mr. Lansing stated the proposed PDD would consist of a 20,000 SF gymnasium and approximately 60 parking spaces. Mr. Lansing stated the applicants are aware that they are proceeding at their own risk pursuing the 3 softball fields, the Special Use Permit and the 3 outdoor basketball courts. Mr. Lansing stated the applicants are aware that they would have to return to the Planning Board for the approval of the PDD and realize that whatever decisions that may be made for the PDD could be subject to modification to the Special Use application consisting of the softball fields they propose to construct. Mr. Lansing stated that the applicants have submitted a letter to the Planning Board stating that they are pursuing at their own risk regarding the Special Use Permit proposal. Mr. Lansing stated the applicants do want to move forward with just the Special Use Permit application at this time. Mr. Lansing stated the applicants would like to get the fields constructed so they may be utilized this year. Mr. Watts asked if anyone from the Public wished to speak. Mr. David Decelle of 22 McBride Road stated that the proposed facility would be located directly behind his home and is in favor of the proposal. Mr. Decelle stated the proposed project would provide positive alternatives for the children and the adults in the community. Mr. Decelle stated the proposed project would directly affect him when he looks out his back window and further stated the project would be a good community benefit for both children and adults to exercise. Mr. Decelle stated the proposed project would be a great tool to teach teamwork and sportsmanship to the children in the community. Mr. Watts stated the Board has received a couple of letters to be read into the Public record. Mr. Watts read a letter (see attachment #1) from Tom and Sandy McBride. Mr. Watts read a letter (see attachment #2) from Don and Patricia Carola. Mr. Watts stated there was a letter received from Steven McBride stating they were proceeding at their own risk with the Special Use Permit application. Ms. Ann Amann stated she is directly affected by the proposed project, as she owns 3 lots next to Hillcrest Fire Station. Ms. Amann asked if there has been a study on traffic as there is a blind curve. Mr. Lansing stated the proposed access meets the sight distance criteria for an access roadway. Ms. Amann stated she felt the sight distance should be checked out by NY State, as there is a blind curve that will affect traffic going in and coming out of the site. Ms. Amann stated that their well is located in the back of their middle lot and feels that the proposed septic for the proposed gym may affect their property. Ms. Amann asked what type of septic system is proposed. Mr. Lansing stated that they are proposing a raised type septic system. Mr. Lansing stated that this is represented in the conceptual plan for the PDD. Mr. Lansing stated that when and if they get to the preliminary design they would check to see that the septic does meet the NYDOH requirements. Ms. Amann stated she had concerns with the parking area and asked if there would be down lighting. Ms. Amann stated she is also concerned with children playing and yelling and adults using rowdy language on the basketball courts. Mr. Watts asked what they are proposing relative to lavatory facilities at the site. Mr. Lansing stated they would have portable type units that would be used at the bigger events. Mr. Lansing stated they did not have plans for any restroom facilities at this time. Mr. Watts stated the McBride property is zoned Agricultural Residential. Mr. Watts stated that the PDD legislation, if and when it is approved, would be very specifically written as to the use that would be permitted because it would be a zoning change. Mr. Watts stated they were not at the PDD part of the project yet. Mr. Watts stated the Board is only addressing the issue of the Special Use Permit for the fields and basketball courts. Ms. Amann stated that she was very much in favor of the proposed project for the Special Use Permit and it would be a good benefit for the children. Mr. Watts closed the Public Hearing at 7:15 pm. Mr. Roberts asked if there would be port-a-johns for the large events. Mr. Lansing stated that he imagines the applicants would bring in port-a-johns for the larger events. Mr. Roberts stated that he feels the port-a-johns should be available for all the events. Mr. Watts stated that some baseball games last a couple of hours and facilities should be available for people to use during that time. Mr. Steve McBride stated that during the season, port-a-johns would be available at all times for all events. Mr. Higgins asked if the entrance next to Hillcrest is intended as part Special Use Permit. Mr. Lansing stated that it was not. Mr. Higgins asked if the only access would be off of McBride Road and would there be any way to drive from the parking area over to the rear field. Mr. Lansing stated people would have to walk from the parking lot to the fields. Mr. Higgins asked if anyone had looked at emergency access to the rear fields. Mr. Higgins stated that they would discuss this in their committee meeting. Mrs. Patenaude stated there are a lot of very positive things with the fields and the idea that it does meet with the master plan of active recreational fields in this area. Mrs. Patenaude stated the proposed fields are needed and would provide a place for the Halfmoon and Mechanicville residents to use. Mr. Watts stated he felt there are many unmet recreational needs for the children and adults in the area. Mr. Watts stated he would like the committee to meet soon so the proposed project could be placed on May 23, 2005 Planning Board Agenda. Mr. Lansing stated that it was his understanding that the committee was set-up for the proposed PDD. Mr. Roberts stated that the committee was set-up for the Special Use Permit and the PDD. Mr. Watts asked if there was a plan for the traffic. Mr. Bianchino asked Mr. Lansing where the access would be for the Special Use Permit. Mr. Lansing stated the access would be from McBride Road. Mr. Nadeau stated that even though the access would be on McBride Road the traffic would still be coming through the intersection at Johnson and Pruyn Hill Roads and the sight distance would need to be looked at in this area. Mr. Berkowitz asked how much increase there would be in traffic. Mr. Lansing stated he did not remember the exact number from the traffic study but they did not show an impact on the level of service for the roadways or the intersection. Mr. Lansing stated the traffic study has been submitted to CHA for review. Mr. Watts asked if the access for the current soccer fields would be the same access for the baseball fields and basketball courts. Mr. Lansing stated that where McBride Road takes a sharp turn there is an access point that is utilized for the soccer fields and they propose to use that access point to access approximately 36 parking spaces. Mr. Lansing stated that there is an existing driveway that will be utilized for the other 44 parking spaces. Mr. Bianchino asked what the sight distance was from the driveway access looking west. Mr. Lansing stated that area was not measured because that area was more of a straight shot on McBride Road. Mr. Lansing stated the topography was consistent through that area both vertically and horizontally and feels the sight distance is fine in that area. Mr. Berkowitz asked if there was room to turn around in the far parking lot if all the spaces are being utilized. Mr. Lansing stated there is a hammerhead turn around in that parking area. Mr. Bianchino stated the issue of the sight distance with the existing curb cuts has been looked at and approved previously, as it was the best location on that curve. Mr. Bianchino stated that the sight distance for existing driveway that is now being utilized to access the second parking lot has not been reviewed by CHA. Mr. Bianchino stated that his only concern was, when you look west as you come around the curve in front of the church, is there enough sight distance looking back in that direction. Mr. Bianchino stated that this area would have to be reviewed by CHA. Mr. Watts stated that there are two access points that have issues. Mr. Watts stated those issues will be referred to CHA for review. Mr. Watts stated in the interim the committee would meet and go over these issues also.
This item was tabled and referred to CHA and the Planning Board Committee for review to obtain additional information regarding sight distance.




05.151 PH Kennedy Lane Subdivision, 7 Kennedy Lane – Minor Subdivision
Mr. Watts opened the Public Hearing at 7:19 pm. Mr. Watts asked if anyone would like to have the Public Notice Read. No one responded. Mr. Scott Lansing, of Lansing Engineering, proposes a minor subdivision on Kennedy Lane. Mr. Lansing stated the proposed subdivision would create a 35,000 SF lot with the remaining area being 7.87-acres. Mr. Lansing stated that at the last Planning Board Meeting it was his understanding that the Board requested that two notes be added to the plans. Mr. Lansing stated the proposed lot has an existing residential structure and would have a note stating that this lot will be used for residential use only since it was a pre-existing non-conforming use in a C-1 zoned area. Mr. Lansing stated the second note was that the residential use could not be expanded or enlarged. Mr. Lansing stated that both of those notes have been added to plans. Mr. Watts asked if anyone from the Public wished to speak. No one responded. Mr. Watts closed the Public Hearing at 7:21 pm. Mr. Higgins stated the original site with the residence is to be strictly residential with no business operation. Mr. Higgins asked Mr. Lansing if the original plan stated that the residence would be strictly residential with no businesses and any commercial or business uses would be transferred over to the other site. Mr. Lansing stated that was correct. Mrs. Patenaude asked if these notes were on the existing plans. Mr. Williams stated they were not but these notes will be required prior to final stamping of the plans.
Mr. Roberts made a motion to approve the Kennedy Lane Minor Subdivision contingent upon the addition of two notations on final plans stating there will be no commercial use and no expansion of residential use. Mr. Nadeau seconded. Motion carried.

Public Informational Meeting:
05.150 PIM Pal’s After School & Summer Camp, 282 Grooms Road –
Change of Tenant/Use
Mr. Watts opened the Public Informational Meeting at 7:23 pm. Mr. Watts asked if anyone would like to have the Public Notice Read. No one responded. Mr. Tom Andress, of ABD Engineering, stated that the Pal’s After School & Summer Camp proposes to purchase and utilize the existing Latham Medical Building located on 282 Grooms Road. Mr. Andress stated that Pal’s currently run two other daycare facilities in the area. Mr. Andress stated the other two locations are in Halfmoon-Executive Park and the Crossings. Mr. Andress stated that the applicant is proposing to utilize this location for after school and summer program use. Mr. Andress stated that the facility would be maintained in its existing configuration. Mr. Andress stated that some of the parking spaces would be eliminated in the front of the building to accommodate school bus drop-off and pick-up. Mr. Andress stated there is an area where they can bank some spaces for future use if needed. Mr. Andress stated that the largest improvement would be for a proposed enclosed play area east of the facility. Mr. Andress stated that the proposed play area has some brush and trees that they are proposing to clear. Mr. Andress stated that the larger trees would remain and they are proposing to install a white 6 FT. high vinyl fence on three sides and chain-link fence on the side that is away from the access to Timberwick. Mr. Andress stated that they are also proposing to put plantings in front of the fenced area. Mr. Andress stated that generally the play area is not used until after at least 1:00 pm so there would be no morning use. Mr. Andress stated the afternoon use of the play area would depend on the weather. Mr. Andress stated the play area would not be used after 5:00 pm. Mr. Watts asked if any one from the Public wished to speak. Ms. Sandy LaFountain, of 23 Birchwood Drive and routing specialist for the Shenendehowa School District. Ms. LaFountain asked if the applicant is proposing to use the overhang area for the buses. Mr. Andress stated that the overhang area will only be used for cars and the buses would stay outside of the overhang area. Mr. Andress stated that 8 parking spaces would be eliminated so the buses would be able to turn around and the buses can then come back out. Mr. Andress stated that Pal’s has made a run with the buses to make sure that the turns could be made. Ms. LaFountain asked if the buses used were 66 or 75 passenger buses. Mr. Andress stated yes. Ms. LaFountain stated she had concerns with the buses leaving the site as cars do travel at a high rate of speed on Grooms Road. Ms. LaFountain stated that buses do not move along as fast as a car does leaving the Grooms Road location. Ms. LaFountain asked if the proposed location would replace Pal’s located at Executive Park Drive. Mr. Andress stated that this would be an additional Pal’s site. Ms. LaFountain stated that no one has contacted her office regarding the students that would attend the proposed new location. Ms. Russell stated that she would be in contact with Ms. Lafountain at a later date. Mr. Bill Gerstein, of 55 Timberwick Drive, stated he had concerns with the traffic and the obligation of 220 children being picked up at this site between the hours of 5:00 and 6:00 pm. Mr. Gerstein stated that currently it is very difficult to make a left-hand turn off of Grooms Road into Timberwick and with the additional traffic just a couple hundred yards away he has concerns that this would now create more difficulty in making a left-hand turn. Mr. Gerstein further stated that the general flow of Grooms Road traffic is not being addressed. Mr. Gerstein stated that he did not have any statistics but the intersection of Grooms and Woodin Roads have had a lot more accidents since the zoning has been changed. Mr. Gerstein stated his backyard abuts the proposed Pal’s project. Mr. Gerstein stated that with the proposed removal of foliage he will now have less of a buffer to Grooms Road and he has concerns with the noise with the kids and the traffic on Grooms Road. Mr. Gerstein stated he is mostly concerned with traffic safety and feels we are looking at a disaster. Mr. Andress stated that Mr. Gerstein was correct on the number of students as being approximately 220. Mr. Andress stated that the time period for the cars leaving the site starts around 2:30 pm and leave in increments up to 6:00 pm. Mr. Andress stated that the children would be leaving up over a four-hour period of time. Mr. Andress stated the proposed daycare would not create as much traffic as the Medical Center had in the afternoon. Mr. Andress stated that a sight distance analysis has not been conducted at this site. Mr. Andress stated they would look at the sight distance to make a determination on what the sight distance is based upon the speed that is being traveled aside from the posted speed on Grooms Road. Mr. Andress stated that the area they are proposing to remove vegetation is immediately adjacent to the Timberwick entrance where there are no homes. Mr. Andress stated they are proposing to add an additional buffer with a fence where the vegetation will be removed. Mr. Andress stated he did not feel there would be any affect to the homes south of the proposed project. Mr. Watts asked if the trip generation would be 350 trips per day. Mr. Andress stated that number was provided by Latham Medical Center. Mr. Watts asked what the number of trips per day would be for Pal’s. Mr. Andress stated their analysis is approximately 220 children. Mr. Andress stated they did an analysis between the hours of 7:00 am and 6:00 pm on an hourly basis of the children coming in. Mr. Watts stated that their report showed 250 trips per day. Mr. Andress stated that was correct. Mr. Brian Hurysz, of 4 Timberwick Drive, stated that his property is adjacent to the site and he would be the closest neighbor. Mr. Hurysz stated that daycare and childcare is a very important asset for the community. Mr. Hurysz stated that having access to a facility that is very close to your home is very important. Mr. Hurysz stated that his children attended Kid’s Connection that is located in the Harvest Church on Grooms Road. Mr. Hurysz stated from his prospective this is a very good plan and he is very supportive of the proposed project. Mr. Chris DaCunha, of 57 Timberwick Drive, stated he is primary concern is with the traffic. Mr. DaCunha stated that making a left-hand turn off of Woodin Road onto Grooms Road was a problem. Mr. Hurysz stated he challenged anyone to go to that intersection and try to make each one of those turns. Mr. Hurysz stated it was very dangerous and if there are going to be school buses coming out of the proposed site onto Grooms Road, he believes there will be issues and accidents. Mr. Hurysz stated that when try to make a left hand turn onto Timberwick Drive from Grooms Road, traffic backs up all the way past Sorrentino’s Deli back to Route 9. Mr. Hurysz stated he has used Pal’s and he feels they have a great facility but doesn’t think the proposed site is not a good location based on the traffic and there will be issues with the buses coming through that area. Mr. Hurysz stated the traffic coming in the morning and afternoon hours for Pal’s would be compressed in a time frame that is much smaller than the Medical Center. Mr. Hurysz stated that the Medical Center’s traffic was spread over the period of a complete working day. Mr. Hurysz stated he was curious on how the number of cars coming in and out of the daycare each day was calculated. Mr. Andress stated the estimated trip count was based upon the trips that occur at the current Pal’s facility and those numbers were doubled for the proposed site. Mr. Andress stated that because of the use of the facility and many of the children coming in on buses there are specific times that the buses would be coming into the site. Mr. Andress stated that based upon the traffic there would be very little traffic in the morning and almost no traffic coming in during the noon time period. Mr. Andress stated the only time the buses would be coming in during the evening traffic would be parents picking up their children. Mr. Hurysz stated that with 220 children he calculates that there would be approximately 400 cars coming in and leaving that site each day. Mr. Andress stated the numbers show that a lot of the children would be dropped off and picked up by the buses. Mr. Hurysz stated the Medical Center is not a very busy practice and he feels the traffic pattern will be significantly higher than it currently is. Mr. Vic Osborne, of 1 Windham Court/59 Timberwick, stated that his home is directly behind the Medical Center. Mr. Osborne stated he has not seen more than 50 cars in the parking lot in a week’s time. Mr. Osborne stated he has an issue with the security lights that are on at night. Mr. Osborne stated that every so often these lights are moved and the lights shine right onto his house. Mr. Osborne stated that foliage was supposed to be put in and that proposal was never done. Mr. Osborne stated he had concerns with noise abatement and visual esthetics as it impedes the price of his home. Mr. Osborne stated that noise carries into his area and with 120 to 220 kids every day the noise will be unbearable. Mr. Osborne stated that it was mentioned that the outdoor play area would not be used until after 1:00 pm. Mr. Andress stated that was correct. Mr. Osborne asked if that time would change during summer hours. Ms. Russell stated that the summer camp hours are 7:00 am to 6:00 pm. Ms. Russell stated that in the summer the children go on field trips everyday. Mr. Osborne stated that when he purchased his property he was told the area was zoned Professional Office/Residential and he feels the proposed use would be commercial used. Mr. Watts stated the proposed project is a permitted in PO/R. Mr. Osborne stated that he feels the number given by the Medical Center as 350 trips per day is trumped-up. Mr. Osborne stated if that were the case then he feels the Medical Center would still be there and would not be moving out. Mr. Osborne stated that a study should be done in the peak hours between 2:30 pm and 6:00 pm. Mr. Osborne stated that at the present time Grooms Road has more than enough traffic. Mr. Osborne stated that there have been people who lived in the Timberwick development who have had close calls and a friend of his was rammed and totalled between the Timberwick entrance and Woodin Road. Mr. Watts closed the Public Informational Meeting at 7:52 pm. Mrs. Patenaude asked if the number of children would change during the summer program and would the children be picked up at the same time, as they are when school is in session. Mrs. Russell stated the number would pretty much remain the same. Mrs. Russell stated the drop off time for the children in the summer is between 7:00 am to 10:00 am. Mrs. Patenaude stated she had concerns with the buses, the children and cars being in the parking lot all at the same time. Mrs. Patenaude stated there are potential dangers inherent in that kind of situation. Mrs. Patenaude asked why the buses were not pulling up next to the building. Mr. Tom Andress stated there might have been a misunderstanding on his part when he was explaining this to Ms. LaFountain. Mr. Andress stated the bus pick-up/drop-off area would be completely closed off to the cars during that time. Mrs. Patenaude asked how the area would be closed off. Mr. Andress state this would have to be looked at but he assumes that the area would be coned off during that time. Mr. Berkowitz asked if there was a difference in sight distances for buses verses cars coming out of the driveway. Mr. Andress stated that there were none that he was aware of. Mr. Andress stated that most of the sight distance criteria are not for the people pulling across into the traffic but when you pull into traffic and the traffic has to stop behind you. Mr. Andress stated that most of the sight distances that they have been providing is when the car traveling along does not have to slow down. Mr. Andress stated they would look at what the sight distances are for the proposed site. Mr. Ruchlicki stated this was related to the amount of traffic. Mr. Ruchlicki stated that he did not think it was possible, especially during peak travel hours, for a bus to exit the proposed site without slowing traffic down. Mr. Watts asked how many buses there would be per day at the proposed site. Mr. Andress stated there would be 5 to 6 buses between the hours of 2:30 pm to 3:00 pm. Mr. Andress stated that there would be 2 buses between 10:45 am go 11:00 am for a total of 7 to 8 buses per day. Mrs. Patenaude asked if the children will all be dropped off/picked up by parents and no buses will be used in the summer. Mr. Andress stated that was correct. Mr. Berkowitz asked how many times Pal’s own buses would be coming in and out of the site. Mrs. Russell stated Pal’s buses are only used for summer camp. Mr. Polak stated he can’t see how the buses can make the turn in the proposed bus area without running into the vegetation to the left of the area. Mr. Andress stated that some of the parking spaces are going to be taken out in that area. Mr. Higgins stated that according to the map the curb cut on Grooms Road states it is 24 FT. wide, which are two 12 FT. lanes. Mr. Higgins asked if that area could be opened further to give a right turn lane so that stacking doesn’t occur. Mr. Bianchino stated if there was enough room this could be done but would require a permit from the County. Mr. Nadeau stated that the problem is not with Pal’s proposal but with Grooms Road traffic. Mr. Nadeau stated the Medical Center might be a site that is over developed for this use. Mr. Nadeau stated one of his initial concerns with this proposal was the traffic issue. Mr. Watts stated there are a number of school buses that go in and out of developments off of Grooms Road. Mr. Watts stated that the sight lines at Ponderosa or Mapleridge are probably worse than they are at the proposed site’s location and there is a clear issue of sight lines with buses all along Grooms Road. Mr. Watts stated there are issues with screening, the parking lot, lighting and sight distance at this site. Mr. Watts stated they have heard the concerns with the neighbors relative to whether this fits and what can be done in terms of alleviating the concerns of the Board and the Public. Mr. Watts stated Mr. Andress should also contact Shenendehowa School personnel to get their comments on the bus issue. Mr. Berkowitz asked if Latham Medical has moved out of the building. Mr. Andress stated there are still a few doctors there and they will eventually be completely out of the building. Mr. Berkowitz asked if there are other tenants in the Latham Medical Building. Mr. Andress stated that he did not know the tenant situation now but when the building is sold everyone would be out of the building. Mr. Berkowitz asked if the building was at maximum use when Dr. Schnackenberg gave the 350 trips per day traffic estimate. Mr. Andress stated yes that number was when they were at maximum use. Mr. Roberts stated the Town definitely needs daycare but they have to make sure that it is done safely. Mr. Andress asked if the Board would want to set up a committee to look at the concerns and issues. Mr. Berkowitz stated that once Mr. Andress provides the Board with additional information regarding the screening, parking lot, lighting, noise and traffic concerns, the Board would then address the issue of setting up a committee if needed. Mr. Osborne asked if the current zoning allowed for daycare facilities. Mr. Chauvin stated he is a resident of Timberwick development and although he does not feel he has a conflict of interest, he is going to let Mrs. Murphy respond. Mrs. Murphy stated that permitted uses in the PO/R zone allow uses deemed acceptable by the Planning Board.
This item was tabled for additional information regarding: sight distance, noise abatement and traffic concerns on Grooms Road.

Old Business:
04.125 OB Stone Quarry Estates, Stone Quarry Road – Major Subdivision
Mr. Scott Lansing, of Lansing Engineering, proposes a Major Subdivision on Stone Quarry Road. Mr. Lansing stated they have revised their site plan from the plan that was previously submitted to the Planning Board. Mr. Lansing stated the previously site plan included approximately 20 plus lots with long roadways traversing through the parcel. Mr. Lansing stated since the last submission the applicant has obtained boundary and topography for the site and in addition have performed test pits on the site to see what kind of overburden there is over the top of the rock. Mr. Lansing stated that based on the boundaries, topography and the test pits they have come up with a more realistic site plan for the parcel. Mr. Lansing stated the applicant is now proposing 10 single-family residential lots with one roadway by proposing a cul-de-sac. Mr. Lansing stated the roadway is approximately 500 FT. long. Mr. Lansing stated the development is proposed to be serviced by public water by extending water from Route 9 that is approximately 21,000 linear feet from the site. Mr. Lansing stated he has talked with Mr. Tironi who advised that the water is located by the Hockey Hut on Route 9 by the intersection of Stone Quarry Road and Route 9. Mr. Lansing stated that public sewer would extend approximately 28,000 linier feet. Mr. Lansing stated they are proposing a low-pressure sanitary system out Stone Quarry Road through easement that would eventually go to the Woodin Oaks pump station. Mr. Lansing stated that storm water would be managed on site with a storm water management area located at the low point on the parcel. Mr. Lansing stated he was before the Board to introduce the changes to the proposed development and to obtain comments from the Board and a referral to CHA and to advance the project. Mr. Higgins stated that he does not feel that storm water retention basins should be adjacent to the roadways. Mrs. Patenaude asked where the access would be for Lot #1. Mr. Lansing stated the access would be directly off of Stone Quarry Road. Mr. Berkowitz asked if water for the project would be out-of-district. Mr. Lansing stated that he would check with Mr. Tironi to see if the water was in or out-of-district. Mr. Chauvin asked if there would be water system improvements as far as granting the right to move up Stone Quarry Road. Mr. Lansing stated that other than the water extension of the main Mr. Tironi did not mention anything. Mrs. Patenaude asked if the access point to Lot #1 would be shown on the map. Mr. Lansing stated that they would add that to the plans. Mr. Lansing stated that no driveway locations are on the current map. Mr. Watts stated that the issue keeps coming up regarding where the storm water management area would be located. Mr. Watts asked Mr. Bianchino is there was any particular engineering point of view where the storm water management area should be located or is it an esthetic opinion. Mr. Bianchino stated that storm water management areas needed to be located at the lowest point. Mr. Chauvin stated that the applicant should be in contact with the Highway Department as they have concerns with the accessibilities of these areas that they need to maintain. Mr. Polak asked where the outfall is located. Mr. Lansing stated the outfall goes to the roadside swale so drainage patterns are maintained. Mr. Watts asked if that was the low point. Mr. Lansing stated that was correct. Mr. Berkowitz asked if the Town or the landowner owned the pond. Mr. Lansing stated that it was part of the parcel but the lot was big enough where they could dedicate that to the Town. Mr. Polak asked if there would be reconstruction along Stone Quarry Road to get the water down to the creek. Mr. Lansing stated that the project is showing a well-defined swale on the side of the road.
This item was tabled and referred to CHA for review.

04.214 OB Fellows Road PDD, Fellows Road – Major Subdivision/PDD
Mr. Roberts recused himself from this item and Mrs. Jordan replaced him. Mr. Scott Lansing, of Lansing Engineering, stated the objective of appearing before the Board was to set a Public Informational Meeting as part of the PDD process to advance toward a positive recommendation to the Town Board. Mr. Lansing stated they have a brief outline of the updates since their last submission to the Board. Mr. Lansing stated a traffic study was prepared by Creighton Manning and was submitted for CHA’s review. Mr. Lansing stated they have received comments from CHA and that he and Creighton Manning have reviewed their comments. Mr. Lansing stated that one of CHA’s comments was revolving around sight distance at the intersection of Route 146 and the realigned Fellows Road. Mr. Lansing stated the study stated that the sight distance was okay. Mr. Lansing stated the second issue was the sight distance on Fellows Road where a barn was located. Mr. Lansing stated the applicant has acquired the parcel that includes the barn and an existing residential structure thus allowing the potential for the roadway to be realigned and those structures would be demolished. Mr. Lansing stated this will alleviate the sight distance problem and allows for the realignment of the roadway to shift the intersection down more toward the east to improve the sight distance. Mr. Lansing stated the applicant has added 4 duplex lots that are in accordance with the area requirements for that zoned area. Mr. Higgins asked if the area where the applicant has added the 4 duplexes was the area that was to be conveyed to the Town. Mr. Lansing stated there is a portion of the land that will be used for the 4 duplexes but since the applicant acquired another parcel the land that is to be conveyed to the Town is close to what it was previously. Mr. Lansing stated 2 duplexes are proposed for the other side of the road and the remaining 2 duplexes are proposed for the recently acquired parcel of land. Mr. Nadeau asked how much daily traffic would be generated for the 355 residents. Mr. Lansing stated he did not have the trip generation numbers with him but they are part of the study that Creighton Manning prepared that has been submitted to CHA. Mr. Lansing stated the traffic would increase significantly above present levels of traffic. Mr. Nadeau asked in which direction the people would travel. Mr. Lansing stated he did not recall the trip assignments as far as percentage either way on the road. Mr. Tanski stated that by moving the road closer to the Town Highway Garage he feels this would make people travel toward New Country Pontiac to the traffic light. Mr. Higgins asked if the trip generation required a traffic light. Mr. Lansing stated that they are not identifying a light at this time but are identifying keeping an eye on it and checking at full build out but they are not recommending a traffic light at this time. Mr. Nadeau stated that a project at Vosburgh Road would be accessing Route 146 as well and asked if a light was anticipated at NYSEG at some point. Mr. Bianchino stated yes. Mr. Bianchino stated that the reason it was suggested before was that the access that is shown on the plan is future access to the adjoining parcel to the west was put in to access the potential future road. Mr. Bianchino stated this was another reason why it was suggested the roadway be moved as far as east as possible so they would increase the separation distance. Mr. Higgins asked if the Town or the State would be liable for the cost of the traffic light across from NYSEG. Mr. Watts stated that the practice has been that the developers pay the cost of infrastructure improvements. Mrs. Patenaude asked how if the Creighton Manning traffic study address the impact that the number of trips that will be generated by the number of houses at some of the other area roadways as well. Mr. Lansing stated the traffic study was limited to Route 146, Fellows Road and Harris Road that are the primary intersections. Mr. Lansing stated he did not believe the traffic study looked at other area roadway intersections that would be impacted. Mrs. Patenaude asked if the traffic study looked at Route 236 toward Mechanicville. Mr. Lansing stated he didn’t recall if the traffic study included that area. Mr. Watts stated that the traffic study needed to be looked at by Mr. Lansing so he is prepared to answer the questions at the next meeting. Mr. Lansing stated that Creighton Manning might be present to represent the applicant on the traffic study. Mr. Berkowitz asked if the road would be dug up and replanted or would it be abandoned. Mr. Lansing stated there is a portion of the road that would be abandoned, a portion would be left for access to one existing residence and the other portion would be dug up and replanted. Mr. Watts stated that there were legitimate questions that would need to be answered at the next meeting.
Mr. Berkowitz made a motion to set a Public Informational Meeting for the May 23, 2005 Planning Board Meeting. Mr. Nadeau seconded. Motion carried.

05.146 OB D & R Village, 430 Route 146 – Sign
The applicant was not present and no action was taken on this item.

New Business:
05.156 NB John Lucarelli & Sons Inc., 117 Vosburgh Road – Addition to
Site Plan
Mr. Chauvin recused himself from this item. Mr. Brian Lucarelli proposes to construct a new storage facility for the businesses’ machinery and equipment. Mr. Lucarelli stated the proposed building would not be heated. Mr. Watts asked if more traffic would be generated at the proposed site with the storage facility. Mr. Lucarelli stated no. Mr. Williams stated that the excavating/construction company is considered a pre-existing, non-conforming use due to the area being designated as an Agricultural/Residential zoned district. Mr. Williams stated the applicant would need to seek a Special Extension from the ZBA. Mrs. Murphy stated because of the pre-existing, non-conforming use they would need to apply to the ZBA.
Mr. Roberts made a motion to deny John Lucarelli & Sons Inc. Addition to Site Plan application on the basis the property is pre-existing, non-conforming expansion of use. Mr. Nadeau seconded. Motion Carried.


05.157 NB Double Vision, 1915 Route 9 – Sign
Mr. Matt Spagnola, owner of Double Vision, proposes a sign for Double Vision located at 1915 Route 9. Mr. Spagnola stated the proposed sign would be same dimensions as the former “Odyssey” sign. Mr. Spagnola stated that the only changes would be in the name and the colors of sign. Mr. Roberts asked what colors would be used. Mr. Spagnola stated the proposed sign colors would be burgundy with black lettering with silver outline. Mr. Roberts stated there could be no neon. Mr. Spagnola stated the old neon sign has been removed. Mr. Watts asked if the site had been cleaned up. Mr. Spagnola stated yes. Mr. Higgins asked the applicant if he has submitted plans for the parking area. Mr. Spagnola stated he did have the plan and he would give it to Mr. Williams.
Mr. Roberts made a motion to approve Double Vision’s sign application contingent upon the sign having no exposed neon. Mr. Ruchlicki seconded. Motion carried.

05.158 NB CJ Design, 275 Upper Newtown Road – Commercial Use
Ms. Cheryl Judge-Decker, owner/operator of CJ Design, proposes to use her existing property located at 275 Upper Newtown Road for an interior design business she now operates in Latham. Ms. Decker stated she is proposing to construct a barn-type structure with a garage below and a space above to keep samples of the materials she uses in her interior decorating. Ms. Decker stated the proposed building would be utilized for an office/studio. Mr. Nadeau asked if customers would come to the proposed location. Ms. Decker stated it would be very rare for customers to come to her and if so it would be done by appointment only. Ms. Decker stated almost all of her work is done at her customer’s home. Mr. Higgins asked if the applicant had any other employees. Ms. Decker stated she had one employee. Mr. Roberts asked if she would have a sign for the business. Ms. Decker stated not at this time, as she does not want to encourage people coming to the site, as it is her residence. Mr. Ruchlicki asked if the structure would look like the rendition that was provided to the Board. Ms. Decker stated yes. Ms. Decker stated that the lower part would be a garage for their personal vehicles. Ms. Decker stated there would not be a kitchen as stated on the plan. Ms. Decker stated the proposed building would be for office space only. Mrs. Patenaude asked how often she would receive deliveries. Ms. Decker stated 3 to 4 times a week. Mr. Higgins asked if there would be sanitary facilities. Ms. Decker stated yes there would be a bathroom. Mr. Higgins asked if her property had sewer or septic. Ms. Decker stated it was septic. Ms. Decker stated she is hoping the bathroom facility for the proposed building could be tied-in to their existing septic system. Mr. Higgins asked if water was available. Ms. Decker stated there is a well on the property. Mr. Higgins stated that they have to make sure there is separation between the water and septic system. Ms. Decker stated they would. Mr. Berkowitz asked the applicant if she would do upholstering at the proposed location. Ms. Decker stated the upholstering is done with outside services at other locations. Ms. Decker stated her upholsterer would pick the item up at the client’s home, take to the upholsterer’s and deliver back to the client. Mr. Nadeau stated this proposed use was similar to an In-Home Occupation in a Commercial zone and he does not see any issue with the proposed project.
Mr. Nadeau made a motion to approve CJ Design’s application for commercial use. Mr. Berkowitz seconded. Motion carried.




05.159 NB Sportsplex of Halfmoon, 6 Corporate Drive – Amendment to
PDD
Mr. Tom Andress, of ABD Engineering, proposes a modification to the PDD for the Halfmoon Sportsplex. Mr. Andress stated that there has a huge demand of people calling the facility for uses other than for recreational facility that it was approved for. Mr. Andress stated they have submitted a short summary for the type of proposed uses are consumer shows, boat shows, car shows, trade shows, private rentals and use of the facility by the owner for multi-use. Mr. Andress stated that they are proposing a number of other uses and the applicant does not have an all-inclusive list. Mr. Andress stated that he is sure there would be concerns with parking, traffic, capacity, exit capabilities and bathroom facilities. Mr. Andress stated he understands the proposed uses would be a very difficult job for both the applicants and the Town, especially the Town Attorney, to try to put together something that would give some leeway but also try to answer some of the questions that the Board will have in relationship to concerns about parking and traffic. Mr. Watts stated the Board has no information based on Mr. Andress’s presentation of possible uses that might occur. Mr. Watts asked how many people would attend the trade shows. Mr. Watts stated that back in January 2005 the Board was asked about a Special Use Permit for this facility for The Adirondack Living Show as a possibility. Mr. Watts asked if they know how many people and how many booths they had at that show. Mr. Andress stated he did not know. Mr. Watts asked how many parking spaces are at the facility. Mr. Andress stated 228 parking spaces. Mr. Watts stated they all have the same questions on parking and traffic that was mentioned at the Town Board Meeting. Mr. Watts stated there are issues about specificity use that was also asked at the Town Board Meeting. Mr. Watts stated there is no proposal with any specificity at this point. Mr. Roberts stated that when the Sportsplex application was before the Board he was in favor of the project but has concerns about the new proposed uses. Mr. Roberts stated he had many concerns with the parking, as it would be a very dangerous situation with a large number of people as he has seen happen at other locations with such events. Mrs. Patenaude stated she recalled that when the Board was originally going over the Sportsplex they went back and forth over parking and traffic until they finally arrived at something. Mrs. Patenaude stated the new proposal would have a huge impact on these issues. Mrs. Patenaude there were no specific proposed uses and she does not see anything that is workable for this proposal. Mr. Nadeau stated that when the Sportsplex was approved there were questions asked if there would be any other uses for the facility and the Board was told no it would just be used for sports such as; soccer, lacrosse, field hockey and practice fields. Mr. Nadeau stated that one of the main reasons the Board approved the Sportsplex facility was because it was stated that there would be no other uses other than the sports mentioned. Mr. Higgins stated the code safety inspector has serious concerns about exits and sanitary facilities. Mr. Higgins stated that at the Sportsplex Public Hearing a neighbor next door and had serious concerns parking and traffic. Mr. Higgins stated he did not see how they would possibly have even a small function with only 228 parking spaces. Mr. Higgins stated that given the issues of parking and traffic he did not see the proposal as a viable project. Mr. Ruchlicki stated the original proposal was very specific on the uses and now the new proposal has nothing specific about the uses. Mr. Ruchlicki stated that the Board was specific on how they wanted things to go with traffic and parking and he does not see any change that would be feasible. Mr. Andress stated at the present time they do not have one specific event. Mr. Andress stated there has a large demand for other uses since the facility has been operational. Mr. Andress stated that perhaps they could approach the Board for Special Use Permits for each specific use at a specific time. Mr. Andress stated that each event would be different and perhaps that is why he was not specific in his presentation. Mr. Andress stated that the applicants were present and they can answer questions on why they are proposing modifications to the Sportsplex. Mr. Watts stated that the Adirondack Living Show was listed as a possible use for a special event in their proposal with 80 vendors. Mr. Watts stated that recently the Adirondack Living Show was held at the Pepsi Arena and they had 172 vendors. Mr. Watts stated that these trade shows bring in trucks, vans, electricians, plumbers, and carpenters to set up. Mr. Watts stated with 80 vendors there could be 3, 4, 5 or 6 people at a booth and the Sportsplex’s on-site parking is only for 228 spaces. Mr. Watts stated he was thankful the Special Use Permit for this trade show was not approved because the Board does worry about the safety of people within the Town of Halfmoon. Mr. Watts stated to Mr. Andress the project is a good idea but until the Board receives additional information relative to parking, traffic, size of shows, how many vendors, how many parking spaces are needed, how many cars, how many trucks, and hours of operation, there is nothing before the Board to act on. Mr. Nadeau agreed with Mr. Watts’ statement and stated that not knowing what type of events there will be the applicants would not know what to expect in terms of traffic. Mr. Nadeau stated with this type of situation he does not see how this could ever work. Mr. Ed Abele, the applicant, stated they never expected to come in before the Board tonight to get a resolution on anything. Mr. Abele stated that it was his understanding that when there is an amendment to a PDD, they had to start with the Town Board, which they did and then they were referred to the Planniing Board for technical consideration. Mr. Ed Abele stated that all they were hoping for this evening was to get guidance from the Planning Board as to what are the areas that they have to study. Mr. Ed Abele stated it was obviously to them that parking and traffic flow would be #1 but it is very expensive and would be required. Mr. Ed Abele stated they want to give the Board specificity but they needed to start at some point. Mr. Ed Abele stated that this project was unusual because they are not building a new building or parking lot and normally there are designs associated with this. Mr. Ed Abele stated they propose to modify the use of the facility and there is a lot of resulting analysis that they are prepared to do. Mr. Ed Abele stated that they would like guidance from the Board and Clough Harbour to direct them down the right path. Mr. Ed Abele stated they were pleasantly surprise when they opened the facility that in the off season people would consider utilizing their facility for trade shows in which he feels is a testament to the attraction of Halfmoon, Saratoga County and the facility. Mr. Ed Abele stated he is aware the ball is in their court to produce the analysis that would give the Planning Board the tools to make a judgment. Mr. Ed Abele stated if you look at the general concept of trade shows interest, it is not something that should be frowned upon. Mr. Ed Abele stated he feels the trade shows would serve the interest of the community. Mr. Roberts stated that the Board was not frowning upon the trade shows persay, but on some of the suggested uses. Mr. Roberts stated the narrative stated “consumer shows including boat, car, food, toy, collectors, and other similar shows open to the public including Circus and entertainment type shows except rock concerts open to the general public”. Mr. Roberts stated he felt this was over use of the facility. Mr. Ed Abele stated Mr. Roberts’ concerns are all understood and very welcome but if you are to go up the Northway to Lake George at a facility that is smaller than the Sportsplex facility, these facilities successfully handle trade shows. Mr. Higgins stated he was in Lake George when one of those trade shows was taking place and cars were parked all up and down Route 9, cars were parked on all off the side roads to the rear of forum. Mr. Higgins stated that Lake George was willing to accept that situation but he believes the Town of Halfmoon is not willing to have that kind of parking situation because it is not a safe situation. Mr. Higgins stated the Board is concerned about the parking and traffic being an unsafe situation. Mr. Ed Abele stated he would not argue with Mr. Higgins’ concern as that is something they know, as applicants, they have to demonstrate. Mr. Higgins asked the applicant where they proposed to locate sufficient additional parking on the existing site to even allow a small show. Mr. Chris Abele stated that there was more than adequate parking. Mr. Chris Abele stated the Sportsplex is located in a business park so on weekends it is virtually empty. Mr. Higgins stated that with the initial approval for this site the Town Attorney explained to the applicants that the adjacent parking is not considered on-site parking because there are no sidewalks. Mr. Higgins further stated that in order for the Board to approve something for this specific, there has to be on-site parking. Mr. Chris Abele asked if the land that they own adjacent to the Sportsplex, that presently has no development on it, could be considered for additional parking. Mr. Higgins asked if the applicants would be expanding the site to include the additional parking. Mr. Chris Abele stated that was a possibility. Mr. Watts stated that it was certainly a possibility but these numbers overwhelm the Board when they are looking at the proposed projects. Mr. Watts stated that before the Board proceeds further there are a huge number of concerns they need answered. Mr. Watts stated the Board needed great specificity as to the types of shows and the maximum capacity. Mr. Watts stated the building may be large enough to do an Adirondack Trade show, but means nothing unless there is adequate parking available. Mr. Watts stated that at the Town Board Meeting Councilwoman Parker talked about a traffic light and Mrs. Wormuth stated very specifically about the need for much more in the way of specifics before they came to the Planning Board. Mr. Ed Abele stated that they will provide the specifics but they did not want to get ahead of themselves and go in a different direction than the Board may have wanted. Mr. Ed Abele stated they are prepared to do some analysis. Mr. Ed Abele asked if there would be a committee assigned. Mr. Watts stated a committee would not be set-p until the Board receives something back that is specific to read. Mr. Watts stated the only thing the Board can do at this point is to vote for a negative recommendation back to the Town Board based on the information that was provided. Mr. Roberts questioned if the proposed additional parking lot had to be permanent dedicated to the site before the Board approved this use. Mr. Chauvin stated yes. Mr. Chauvin stated that unless it is a dedicated area to that particular site, we would not consider it part of the site. Mr. Chauvin stated that adjacent lots and shared parking unless there is pre-existing approved use. Mr. Ed Abele stated they would involve Creighton Manning with respect to parking and also traffic flow. Mr. Ed Abele stated that they wanted to start up the process, give the Board a chance to react and now they will proceed.
This item was tabled for additional information regarding traffic, parking, and specificity on all proposed uses.

05.160 NB Birchwood Drive Dev., 1 Birchwood Drive – Commercial Site
Plan
Mr. Brett Steenburgh, of Brett L. Steenburgh P.E. PLLC, stated he is representing Shawn Francis for a proposal for a retail establishment located at 1 Birchwood Drive in the Town of Halfmoon. Mr. Steenburgh stated that 1 Birchwood Drive is located behind the Country Farms Convenient Store and across Grooms Road from the Halfmoon Diner. Mr. Steenburgh stated 1 Birchwood Drive has an existing 1-1/2 story wood framed residential structure. Mr. Steenburgh stated the property has been abandoned and there has been a lot of water damage due to pipes that have burst. Mr. Steenburgh stated the applicant currently owns a commercial structure on Route 9 for Finally Free Electrolysis and Planet Print is a tenant. Mr. Steenburgh stated that the Birchwood parcel is currently zoned C-1 Commercial that requires a 25,000 SF lot area. Mr. Steenburgh stated the existing parcel is approximately 16,900 SF. Mr. Steenburgh stated the applicant was aware that he would need to seek a variance to enable him to move forward on this project. Mr. Steenburgh stated the applicant is proposing to construct at 24,000 SF retail building with associated parking. Mr. Steenburgh stated the proposed retail building would be set back from the property line with the minimum of 50 FT. from the front set-back and 15 FT. from the rear and side yard set-back. Mr. Steenburgh stated the proposed project is to have two uses within the facility. Mr. Steenburgh stated the uses have not yet been determined. Mr. Steenburgh stated that because of the complicated geometry of Grooms Road and turning lanes, the proposed access would be off of Birchwood Lane. Mr. Steenburgh stated the proposed access would be small driveway located toward the rear of the property that would allow access to the parking area. Mr. Steenburgh stated he was before the Board to receive a denial so they may move forward to the Zoning Board of Appeals to be granted a variance. Mr. Steenburgh stated they were also before the Board to get their concerns and comments on the sketch plan so they can draw up a plan that everyone is comfortable with. Mrs. Patenaude asked if an adjacent parcel was also zoned Commercial. Mr. Steenburgh stated he was not positive how that parcel was zoned. Mr. Chauvin stated there is a restrictive covenant as there is an issue of zoning and asked the Board to hesitate to act tonight until he or Mrs. Murphy have a chance to review those issues. Mr. Chauvin stated that he would like to review the release of the restrictive covenant associated with this parcel and also would like CHA to review the site plan to make sure there are no zoning issues prior to the application being denied to seek an area variance from the ZBA. Mr. Watts asked where is the release of the restrictive covenant. Mr. Williams stated the Town Assessor’s files contain it and he would copy and forward it to the Town Attorney. Mr. Nadeau stated he had concern that the parcel may be too small for what is proposed.
This item was tabled and referred to CHA and Town Attorney for review of restrictive covenant release.

05.161 NB Jimmy’s Italian Ice, 1615 Route 9 – Sign
Mr. Bill Hunt, owner/operator of Jimmy’s Italian Ice, proposes to replace his existing “Soup Doggy Dog” with an interchangeable letter sign so he can advertising his special of the day. Mr. Hunt stated the sign would be similar to the letter sign at DeVoe’s. Mr. Hunt stated that “Soup Doggy Dog” was very creative but did not work out. Mr. Roberts asked how the sign would be lit. Mr. Hunt stated the sign would be internally lit. Mr. Roberts asked if the sign would have neon. Mr. Hunt stated no. Mr. Roberts stated that the sign could not be in the NY State right-of-way and has to be set back far enough on the property. Mr. Hunt stated the new sign would be located where the existing sign is now and would not go outside the perimeter of existing sign. Mr. Roberts asked if the sign’s dimensions would be 8 FT. high and 4 Ft. wide. Mr. Hunt stated yes. Mr. Roberts stated that there are some yellow sandwich signs on the property and a truck that would have to be removed. Mr. Hunts stated he has removed those signs. Mrs. Murphy stated it is not permitted to have any portable mounted signs attached to a motor vehicle.
Mr. Roberts made a motion to approve the sign application for Jimmy’s Italian Ice. Mrs. Patenaude seconded. Motion carried.

05.162 NB County Waste, 1927 Route 9 – Commercial Site Plan/GEIS
The applicant was not present and no action was taken on this item.



Mrs. Patenaude made a motion to adjourn the May 9, 2005 Planning Board Meeting at 9:04 pm. Mr. Berkowitz seconded. Motion carried.


Respectfully submitted,

Milly Pascuzzi
Planning Board Secretary

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