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Planning Board Minutes - June 13, 2005

Those present at the June 13, 2005 Planning Board meeting were:

Planning Board Members: Don Roberts – Vice Chairman
Rich Berkowitz
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: Bob Lockwood


Mr. Roberts, Vice-Chairman, will sit in for Mr. Watts, Chairman, in his absence. Mr. Beck will sit in as Alternate Planning Board Member for Mr. Roberts. Mrs. Jordan will sit in as Alternate Planning Board Member for Mrs. Patenaude in her absence.

Mr. Roberts opened the June 13, 2005 Planning Board Meeting at 7:02 pm. Mr. Roberts stated the May 23, 2005 Planning Board Minutes will be held for changes regarding Vosburgh Road PDD/Fellows Road PDD open space.

Mr. Berkowitz excused himself from the Planning Board Meeting at 7:40 pm due to an emergency.

Public Informational Meeting:
05.138 PIM Arlington Heights PDD, Farm to Market Road – Major
Subdivision/PDD
This applicant was not present. Mr. Roberts stated that the Arlington Heights Major Subdivision PDD Public Informational Meeting is cancelled and the Public will be notified again when another Public Informational Meeting is scheduled for this project.

Public Hearings;
05.165 PH Country Club Acres, Inc., - Vosburgh Road – Minor Subdivision
Mr. Roberts opened the Public Hearing at 7:04 pm. Mr. Roberts asked if anyone would like to have the Public Notice read. No one responded. Mr. Dave Flanders, of David A. Flanders Associates, proposes a minor subdivision of a 59-acre parcel located on the southerly side of Vosburgh Road. Mr. Flanders stated the proposal is to subdivide the parcel into two lots. Mr. Flanders stated that one lot on the westerly portion would consist of approximately 16-acres and the remaining property would consist of approximately 42-acres. Mr. Flanders stated that the proposed houses are shown on the various lots approximately where they anticipate constructing the houses. Mr. Flanders stated that public water would be supplied to the new homes and on-site septic systems would be installed. Mr. Flanders stated that there would be one common driveway coming off of Vosburgh Road through a proposed 40-FT wide ingress/egress and utility easement running through the middle of the neck of Lot #2. Mr. Flanders stated the driveway would be used for the common ingress/egress and installation of utilities such as water, underground telephone and cable TV. Mr. Flanders stated that NYS DEC wetlands exist on the property and have been delineated and a wetland buffer has been shown. Mr. Flanders stated that he has met with NYS DEC representatives and they have accepted the delineation and due to the fact that there is an existing driveway in the area where they show a proposed disturbance, no permit is going to be required, as they don’t see the need for a permit. Mr. Roberts asked if anyone from the Public wished to speak. Mr. Earl Kehoe, of 85 Vosburgh Road, stated that a section of the proposed subdivision borders his property and he has a well that is located on Country Club Acre’s property but the well is connected to his home. Mr. Polak stated that Mr. Kehoe’s property is located next to another parcel owned by Country Club Acre’s. Mr. Roberts closed the Public Hearing at 7:08 pm. Mr. Nadeau stated that the easement would need to be looked at and also there could be no future flag lots off of the current flag lot. Mr. Flanders stated the easement was centered at the beginning portion of the driveway and they may realign it slightly. Mr. Roberts asked if Mr. Flanders would take care of the easement. Mr. Flanders stated that the easement is already shown on the map. Mr. Nadeau stated that he would like to have the wording of he easement reviewed by the Town Attorney. Mr. Chauvin stated that he would look at the easements proposed uses and would make sure that it is filed. Mr. Higgins asked if this property was located in the water district. Mr. Flanders stated that the Town’s water line runs across the front of the property. Mr. Williams stated the water runs through the front of the lot and he checked with Mr. Tironi and Mr. Tironi stated that the water could be extended to the other parcel.
Mr. Nadeau made a motion to approve Country Club Acres, Inc. Minor Subdivision contingent upon the easement language being accepted by the Town Attorney and there is no further subdivision of land creating another flag lot. Mr. Berkowitz seconded. Motion carried.

05.167 PH Suchocki Subdivision, 51 Harris Road – Minor Subdivision
Mr. Roberts opened the Public Hearing at 7:11 pm. Mr. Roberts asked if anyone would like to have the Public Notice read. No one responded. Ms. Joann Suchocki-Keane stated she is representing her father, William Suchocki, for a 2.14-acre minor subdivision parcel on the eastern side of Harris Road. Ms. Suchocki-Keane stated that the 2.14-acre parcel is proposed for a single-family residence for herself and her husband. Ms. Suchocki-Keane stated the 2.14-acre parcel has public water and sewer. Mr. Roberts asked if anyone from the Public wished to speak. No one responded. Mr. Roberts closed the Public hearing at 7:13 pm.
Mr. Nadeau made a motion to approve the Suchocki Minor Subdivision. Mr. Ruchlicki seconded. Motion carried.

Old Business:
03.204 OB Westbrook Subdivision, Harris Road – Major Subdivision
Mr. Ivan Zdrahal, of Ivan Zdrahal and Associates, proposes an 18-lot single-family residential subdivision and is before the before tonight to present the project for consideration of a final approval. Mr. Zdrahal stated the project is for an 18-lot subdivision. Mr. Zdrahal stated there would be a single Town Road access off of Harris Road. Mr. Zdrahal stated the total parcel consist of 32.3-acres. Mr. Zdrahal stated that all the lots comply with zoning. Mr. Zdrahal stated the buildable lot area is about 34%. Mr. Zdrahal stated the lot preservations area contains about 17-acres or 53% of the site. Mr. Zdrahal stated there would be a Town right-of-way and a parcel for storm water management which is the remaining 4-acres. Mr. Zdrahal stated that they have received correspondence from CHA stating that all previous comments have been addressed. Mr. Zdrahal stated that they have satisfied the DEC and DOH. Mr. Zdrahal sated that they have an ACOE permit and have secured all the off-site easements that have been signed. Mr. Zdrahal stated that the Town Board has adopted a motion for a resolution to approve the extension of the water district service area to include this project with the adjoining lands of Mullins. Mr. Roberts asked if both the easements with the adjoining owners had been finalized. Mr. Zdrahal stated the easements have been finalized and signed. Mr. Roberts asked if the Town had copies of the signed easement agreements. Mr. Zdrahal stated the easement agreements were just signed today. Mr. Zdrahal stated one easement was for the sewer district and the other easement was for the water. Mr. Chauvin stated to Mr. Zdrahal that he has been instructed by the Board to review all of the easement agreements and asked Mr. Zdrahal to submit those to him. Mr. Zdrahal stated he would submit these documents to Mr. Chauvin. Mr. Nadeau asked how Lot #19 would be accessed. Mr. Zdrahal stated that Lot #19 is a keyhole lot so it would be accessible by a flag lot. Mr. Higgins asked if an existing house located on Harris Road was considered to be Lot #1. Mr. Zdrahal stated that the existing house is on Lot #3 and will be removed and a new home would be constructed in its place. Mr. Higgins asked if there would be easement language for the common driveway. Mr. Zdrahal stated yes. Mr. Polak asked if there has been an agreement for a future contribution for the traffic light on Harris Road and Middletown Road. Mr. Zdrahal stated that this has been taken care of and the money has been paid. Mr. Chauvin stated that all the agreements for off-site improvements are satisfied. Mr. Roberts asked Mr. Lockwood if all of CHA comments have been addressed. Mr. Lockwood stated yes.
Mr. Berkowitz made a motion to approve the Westbrook Major Subdivision contingent upon the easement language being accepted by the Town Attorney. Mr. Nadeau seconded. Motion carried.

04.245 OB Halfmoon Development PDD, Stone Quarry & Plank Road –
Commercial Site Plan/PDD
Mr. John Brosco, of Chazen Companies, proposes a Commercial Site Plan/PDD for Halfmoon Development PDD located on Stone Quarry & Plank Road. Mr. Brosco stated that on the 8th of June they responded to a letter of comment dated June 1st from CHA. Mr. Brosco stated he has a conceptual development plan and a selected alternate for sewer for the project. Mr. Lockwood asked what was proposed for the sewer. Mr. Brosco stated that they originally showed a sewer pump-station located on-site and a force main continuing to the 18-inch Saratoga County Sewer District force main. Mr. Brosco stated they now propose a 4-inch force main flowing by gravity to a 10-inch sewer on Guideboard Board and a pump-station would be established along that main which would then discharge into the 18-inch sewer. Mr. Brosco stated they are now looking to see where they can locate the pump-station and how it would be possible to configure this in a manner that would be responsive to the comments from CHA. Mr. Lockwood asked if everything from the proposed site to Guideboard Road would flow by gravity. Mr. Brosco stated yes. Mr. Brosco stated that originally they proposed to pump from the site with an on-site pump-station. Mr. Lockwood asked if the new proposal for the sewer would flow down to Guideboard Road and tie-in to 10-inch line into the pump-station and then everything would go to the 18-inch force main. Mr. Brasco stated the specific of that configuration is what they are now proposing for the sewer. Mr. Higgins asked if the retention pond that is proposed along Route 9 was the only place where the retention pond could be located. Mr. Blevins, of Chazen Companies, stated they are trying to keep the retention ponds so that they are not right along the side of the road but because of the proposed grading it only allows them to place the major retention pond along Route 9. Mr. Blevins stated because of the location of the major retention pond this is why they are in need of an infiltration basin near Route 9. Mr. Higgins stated that if the retention pond does have to be located near Route 9 it is his recommendation would be to make sure that there is some buffering around it. Mr. Blevins stated they could put a landscape berm or trees along the basin. Mr. Higgins stated that this is a major highway and the Board has mentioned before that they are trying to make a nice impact when you are coming into the Town. Mr. Nadeau asked Mr. Lockwood what the traffic situation looked like coming out onto Route 9 from the proposed project. Mr. Lockwood stated that there are no traffic improvements required at this time.
Mr. Ruchlicki made a motion to set a Public Informational Meeting for the June 27, 2005 Planning Board Meeting. Mr. Higgins seconded. Motion carried.

05.125 OB Casale Rent-All, 1641 Route 9 – Commercial Site Plan
Mr. Tom Andress, of ABD Engineering, presented a commercial site plan to construct a retail/rental operation on a 12.5-acre parcel located off of Route 9. Mr. Andress stated the parcel has frontage on Route 9 next to the entrance to Mabey’s property but they propose to access the site by utilizing a private drive that accesses a home and apartments in the rear. Mr. Andress stated that Saratoga County Sewer District has an existing pump-station near the parcel with a gravity main that runs out to Route 9. Mr. Andress stated that CHA has asked them to look at the access road that is 18 to 20/22 FT. wide and they propose to extend the access drive to 24 FT. Mr. Andress stated they propose to install an asphalt parking lot for the proposed 6,400 SF building that will be used for office use, retail/rental and some storage area. Mr. Andress stated they are proposing more parking on the other side of the proposed building and an equipment display area. Mr. Andress stated they are proposing a berm and landscaping as well as fencing around the property. Mr. Andress stated there would be detention basins in the front and behind the pump-station. Mr. Andress stated there is an existing house and garage on the property that they propose to leave on the site. Mr. Andress stated the house would be resided to improve the appearance. Mr. Andress stated they propose to enclose the area with a 6 FT. high solid wood fence with additional plantings. Mr. Andress stated they propose to leave the existing maple trees and supplement with trees in between. Mr. Andress stated they propose to construct a 9,600+ SF pole barn in the rear with a fueling station for propane and diesel. Mr. Andress stated they are proposing another shed type building to be used for salt, sand, topsoil and mulch. Mr. Andress started there would be additional parking for employees. Mr. Andress stated that CHA’s comment letter had some concern in reference to the salt. Mr. Andress stated that he spoke with Mr. Casale and he stated the salt would be bulk salt but there would be a small amount and would be for his use. Mr. Andress stated that Mr. Casale contracts to plow and sand so the salt would be for seasonal use. Mr. Andress stated that they would have the correct cover over the building so there would be no issues with rainfall and runoff. Mr. Andress stated that CHA had some comments in reference to banking parking spaces. Mr. Andress stated they are adding another parking space to meet the 37 spaces that are required. Mr. Andress stated they are not proposing banking any parking spaces at this time. Mr. Andress stated they would meet code with the proposed 37 parking spaces. Mr. Andress stated the parking in the rear would be labeled for employee parking only as CHA had an issue with the distance away from the proposed retail facility. Mr. Andress stated they are proposing 11 parking spaces directly next to the building and 8 parking spaces on the side. Mr. Andress stated these parking spaces would be more than adequate to handle the amount of retail traffic. Mr. Andress stated that CHA had comments in reference to storm water management. Mr. Andress stated he has spoke with Mr. Lockwood and reviewed the issues and feel they can address CHA’s concerns in reference to DEC standards. Mr. Andress stated they do conform to the current Phase II standards. Mr. Berkowitz asked what type of equipment would be on displayed in the front area. Mr. Andress stated there would be smaller equipment with no large lifts or cranes. Mr. Andress stated the larger equipment would be stored in the rear so they would be buffered as much as possible. Mr. Roberts asked if the small equipment area would be the only display area on the site. Mr. Andress stated that was correct and the remainder of all the equipment would be behind the facility. Mr. Nadeau asked how tall would the crane be. Mr. Andress stated there would be no big cranes. Mr. Higgins asked how tall was the rear building. Mr. Casale stated 16 FT. Mr. Higgins stated he saw a cement truck at Mr. Casale’s site across the street. Mr. Casale stated the cement truck was from his Colonie operation and they are storing it until the Colonie operation is up and running. Mr. Higgins stated he wanted to make sure that this use would not be permitted. Mr. Higgins asked if the existing house would be used for this business or another business. Mr. Casale stated it would be for this business. Mr. Higgins stated that the area that comes out to Route 9 would not be permitted for a display area. Mr. Higgins asked about signage for the site. Mr. Casale stated that they are looking to do something on the proposed building. Mr. Chauvin stated to Mr. Andress that a note should be added to the map indicating that none of the equipment would be stored in the parking area and none of the equipment that is stored in the storage area will exceed the height of the roof line. Mr. Lockwood stated that he would work with Mr. Andress in regards to the storm water management issues. Mr. Lockwood asked how much of the new building would be retail. Mr. Casale stated half. Mr. Casale stated that the front half of the store would be the display retail area and the back half would be storage and a small engine repair. Mr. Lockwood stated he had no problem with this set up. Mr. Lockwood stated they wanted to see some type of building that will contain the salt so it will be kept under cover. Mr. Andress stated that one of CHA comments was to make sure their plans are submitted to Fire Marshall and the Building Department. Mr. Andress stated they would also submit the plans to CHA. Mr. Andress stated their intent is to keep it under cover but the building will also protect the mulch and the other materials for the elements.
Mr. Higgins made a motion to approve Casale Rent-All Commercial Site Plan contingent upon:
CHA sign-off, note on plan stating that none of the equipment would be stored in the parking area and none of the equipment that is stored in the display area will exceed the height of the roof line of the building and the salt storage and propane tanks are accepted by the Town’s Building Department and Fire Marshall. Mr. Nadeau seconded. Motion carried.

05.145 OB Vosburgh Road Commercial Site Plan PDD, Vosburgh Road –
Concept Commercial Site Plan/GEIS
Mr. Jason Dell, of Lansing Engineering, proposes the Vosburgh Road Commercial Site Plan PDD located on Vosburgh Road. Mr. Dell stated the 1.1-acre parcel was previously subdivided. Mr. Dell stated the parcel fronts the Vosburgh Road/Route 146 intersection. Mr. Dell stated that a professional office building is proposed for the parcel. Mr. Dell stated since the project was presented significant changes have been made. Mr. Dell stated that the landscape berm along the northern edge of the property line has been extended. Mr. Dell stated they are proposing landscaping along the road frontage on Vosburgh Road. Mr. Dell stated they have extended the detention basin in response to the comment letter from CHA. Mr. Dell stated the detention basis was made larger in order to provide addition freeboard at the top of the basin. Mr. Dell stated they have responded to CHA’s comment response letter on Thursday, June 9, 2005. Mr. Dell stated that the comments generated from CHA were technical in nature and they could work through those comments. Mr. Dell stated they were before the Board this evening to ask for final approval conditional upon any further comments that CHA may have. Mr. Nadeau asked Mr. Tanski if he had talked to the adjoining neighbor to see if the proposed buffer was acceptable. Mr. Tanski stated that he has not as yet as they have missed each others telephone calls. Mr. Tanski stated they would do whatever landscaping the neighbor requests. Mr. Higgins asked if the proposed project was located in the Town water district. Mr. Tanski stated yes. Mr. Higgins asked if they had sewer approval. Mr. Tanski stated yes. Mr. Higgins stated that on the original approval of the subdivision of lands there was a note about the approximate 60-acres that they are donating to the Town. Mr. Higgins asked if all of the paperwork has been taken care of on the land dedication. Mr. Tanski stated they are presently working on it with Mrs. Wormuth. Mr. Lockwood stated CHA has not seen their response letter they sent on June 9th. Mr. Lockwood stated they could work through anything that hasn’t been addressed already. Mr. Tanski asked if he could make a suggestion that no certificates of occupancy be issued until a letter accepting the buffer is received from the neighbor. Mr. Chauvin stated that no building permits could be issued until the buffer acceptance letter was received from the neighbor. Mr. Chauvin stated he also would need the deed for the dedication of land to the Town.
Mr. Higgins made a motion to approve the Vosburgh Road Commercial Site Plan contingent upon a letter from the adjoining neighbor accepting the buffer, CHA sign-off and a deed is supplied for lands to be dedicated to the Town.
Mr. Ruchlicki seconded. Motion carried.

05.156 OB John Lucarelli & Sons, 117 Vosburgh Road – Addition to Site
Plan
Mr. Chauvin recused himself from this item. Brian Lucarelli, of John Lucarelli & sons, stated he was before the Board to gain final approval for an addition to site plan application submitted by John Lucarelli & Sons. Mr. Lucarelli stated the proposal is for an 80 FT. by 40 FT. storage building to be erected on site on their existing 9.04-acre parcel. Mr. Lucarelli stated the proposed building would be utilized for storage of seasonal equipment such as plows and other machinery. Mr. Lucarelli stated they have been granted an approval for a variance from the ZBA on June 6, 2005. Mr. Higgins asked if the proposed building would be used strictly for storage with no utilities or offices in the building. Mr. Lucarelli stated it would be used strictly for equipment storage. Mr. Higgins asked if repairs would be done in the existing main shop. Mr. Lucarelli stated yes.
Mr. Nadeau made a motion to approve John Lucarelli & Sons addition to site plan application. Mr. Higgins seconded. Motion carried.

05.162 OB County Waste PDD, 1927 Route 9 – Commercial Site Plan
Mr. Joe Bianchine, of ABD Engineering, stated that the County Waste PDD was before the Board about a month ago. Mr. Bianchine stated that County Waste did receive site plan approval from the Planning Board about 1 and ½ years ago. Mr. Bianchine stated they would like to amend this prior site plan approval. Mr. Bianchine stated the original approval was for a Maintenance Garage and they would like to change this to a larger Fiber Processing building that will process curbside recyclables such as glass, paper, plastic and tin. Mr. Bianchine stated that most of the changes that would occur are located in the Town of Clifton Park. Mr. Bianchine stated the building would be changed and they would be adding an access drive that incorporates the Wunderlich property that is located in front of the County Waste property and that is all located in the Town of Clifton Park. Mr. Bianchine stated they had made application to the Town of Clifton Park and have received a use variance and site plan approval. Mr. Bianchine stated he is before the Town of Halfmoon Planning Board for final site plan approval. Mr. Bianchine stated they have received a letter from CHA in reference to minor comments that they had on the storm water management plan and County Waste are preparing a response to that comment in terms of adding some clarification of the pipe chart for pipe flows and velocities. Mr. Bianchine stated CHA also asked for clarification on the detail for the detention basin and the extended detention for the one-hour 24-hour storm. Mr. Bianchine stated that all these issues would be worked out with CHA. Mr. Ruchlicki stated that he and Mrs. Patenaude are the committee for County Waste. Mr. Ruchlicki stated that he met with Mr. Earl and they discussed the additional trees to block the old roadway and the re-grading that would be in conformance with the storm water management. Mr. Ruchlicki asked Mr. Lockwood if CHA addressed the storm water management concerns. Mr. Lockwood stated that CHA did have some storm water management issues that they wanted County Waste to respond to. Mr. Bianchine stated they would respond to CHA regarding the storm water management concerns. Mr. Ruchlicki stated that he and Mrs. Patenaude were at the site about a year ago. Mr. Ruchlicki stated that the site was exceptionally clean. Mr. Ruchlicki stated that the only outstanding issue he would like clarification on is if the Wunderlich parcel included the piece of property with the billboard. Mr. Earl stated no. Mr. Earl stated that the property to the south is owned by Mr. Stiles. Mr. Earl stated that they have acquired a house on that property that was under foreclosure. Mr. Earl stated the house was on leased property owned by Mr. Stiles. Mr. Ruchlicki stated that a year ago he requested Mr. Earl to cover some of the fill work that was being done and Mr. Earl agreed that this would be taken care of. Mr. Ruchlicki stated that was his only concerns. Mr. Earl stated that he had a question regarding the GEIS impact fees of $21,000.00 indicated in a letter for CHA. Mr. Earl stated that the Town of Clifton Park has considered County Waste as a utility and questioned why they would be subject to the $21,000.00 for water and culvert enhancement. Mr. Chauvin stated that the Town of Halfmoon’s ordinance could characterize County Waste differently than the Town of Clifton Park. Mr. Chauvin stated this is the first he heard of the $21,000.00 GEIS mitigation fee and he would get back to Mr. Earl with an answer before the next meeting. Mr. Chauvin stated that he did not understand Mr. Earl’s explanation to Mr. Ruchlicki regarding the leased parcel of land they refer to that they acquired from the foreclosure. Mr. Chauvin asked if this parcel of land was incorporated in their site plan. Mr. Earl stated that it was not as they do not own the land. Mr. Higgins stated there were a couple of questions he had asked at a previous meeting regarding the gate and the access out to Tabor Road. Mr. Higgins stated for the record that the gate was not going to be used and the gate will be closed and the access will remain on Route 9 other than for emergency purposes for the Shenendehowa school buses. Mr. Chauvin stated to Mr. Higgins that this has been noted on all plans and the deed has restrictions since 1994. Mr. Higgins stated that he wanted to reiterate this for the record. Mr. Higgins stated he noticed that County Waste has been advertising for private residential drop-off at the site for a fee. Mr. Higgins asked if the applicant addressed the private residential drop off with the Town of Clifton Park during their site plan review. Mr. Earl stated that allows a person with a pickup truck to drop off waste material. Mr. Higgins stated the Board has questioned whether or not this activity was a part of the initial approvals for the site. Mr. Higgins stated the Board had concerns with traffic, access on Route 9 and whether a traffic light was warranted or not. Mr. Higgins wondered if CHA should review the traffic numbers for the private residential waste drop off. Mr. Higgins suggested the applicant submit rough numbers of traffic created by this activity. Mr. Earl stated that any traffic increases were due to other County Waste facilities in the area that caught fire which created the need to utilize the Halfmoon site for emergency purposes. Mr. Earl stated all of the waste is taken off of the Halfmoon site every day, which alleviates the fire concern. During the time the two facilities burned down all of the northern towns sent their garbage to the site. Mr. Higgins stated he understood the increased traffic during the emergency but noticed in the Community News that County Waste advertised for private drop off. This raised a concern of traffic backing up on Route 9 or traffic problems caused by people looking for the site. Mr. Higgins suggested CHA look at the traffic numbers. Mr. Earl stated that peak amount of cars will be 6-8 visitors on a Saturday. Mr. Earl stated that is small trucks if anything. Mr. Nadeau asked if the private people were using the same traffic pattern as the big commercial trucks. Mr. Earl stated yes. Mr. Nadeau stated that is a concern. Mr. Earl stated that they we do not want the private drop off on Sundays when they are closed. Mr. Earl stated they have problems with dropping garbage off at the gate. Mr. Earl stated we do not want people to drop off at any time but would rather control the drop off by offering it on Saturday. Mr. Nadeau asked Mr. Higgins if he is questioning whether or not the Town of Clifton Park approved the private drop off. Mr. Higgins stated it was his personal opinion that the private drop off was not part of the original approval. Mr. Nadeau agreed. Mr. Higgins stated if the Town of Clifton approved the private drop off then lets make part of the Halfmoon approval. Mr. Nadeau stated it does not appear to be a big problem but could become one. Mr. Lockwood stated other than performing an actual count of the number of cars it does not appear that 6 to 8 cars would create a problem. Mr. Higgins agreed but if in the future it does become a problem then we can come back and state what was discussed at the meeting, this is what is part of the approval process and give the Board an avenue to revisit the issue. Mr. Lockwood stated with the GEIS fees have been a part of every review concerning County Waste applications since 2003. Mr. Earl stated he would need to look into the issue to find if the building areas being proposed in Halfmoon match to what is stated to come up with the GEIS fees. Mr. Roberts asked what was the Board pleasure. Mr. Nadeau stated he is looking for specific numbers on the private drop off to make sure the traffic situation is not being worsened. Mr. Chauvin stated he would review past PDD legislations for the County Waste site to see if the private drop off was an approved use. This item was tabled for further research on the issue of private drop off as an allowed issue for the County Waste PDD site.

05.164 OB Dudek Dairy Farm, Brookwood Road – Minor Subdivision
Mr. Chauvin recused himself from this item. Mr. Dave Ingalls, of Ingalls and Associates, proposes a 1-lot minor subdivision located at 127 Brookwood Road. Mr. Ingalls stated that the existing parcel is 98-acres. Mr. Ingalls stated the lot being proposed for subdivision would be 33.2-acres and the remaining parcel will have an area of 64.92-acres. Mr. Ingalls stated this parcel meets all of the existing R-1 residential zoning requirements. Mr. Ingalls stated the proposed property line runs along Brookwood Road. Mr. Roberts stated that the Town Attorney has research this application. Mrs. Murphy stated that proposed parcel of land is at a point where there are more than 4 lots subdivided off of the parcel and this is now considered to be a major subdivision. Mrs. Murphy stated she understands that this application is only for a 1-lot subdivision; however there have been other subdivisions in the past. Mr. Ingalls stated they were only aware of this particular 1-lot subdivision and asked Mrs. Murphy if she had specifics that she could provide him with. Mrs. Murphy stated that Mr. Williams would be able to provide him with the information regarding the other subdivisions that have occurred. Mrs. Murphy stated that there would be additional requirements for the major subdivision. Mr. Higgins asked what the subdivided property would be used for. Mr. Ingalls stated he believes the property will be conveyed to the adjoining property owner once they subdivision is approved. Mr. Ingalls stated he was not positive the property would be conveyed but he believes there is an intent to have a conveyance to the adjoining neighbor. Mr. Higgins asked if the adjoining property has an existing mining permit. Mr. Ingalls stated yes. Mr. Ingalls stated it was his understanding, speaking to the owner; the land that would be conveyed would be a buffering area. Mr. Ingalls stated the parcel was very deep and steep and that nothing really could be built on this property owned by Carver and there is no intention for any proposed development. Mr. Higgins stated that if the existing mining permit is going to be extended, the applicant should make the Board aware of the intentions. Mrs. Murphy stated if the applicant were to come forward with this proposal, the Board would address that issue at that time. Mr. Ingalls stated there was no proposal at this point and time.
This item was tabled for the applicant to submit a major subdivision application.

New Business:
05.168 NB Auer Builders Subdivision, 138 Stone Quarry Road – Minor
Subdivision
Mr. Gil VanGuilder, of Gilbert VanGuilder and Associates, proposes a subdivision on an existing 3.5-acre parcel located on the westerly side of Stone Quarry Road and just south of the Niagara Mohawk power line. Mr. VanGuilder stated that there is an existing duplex under construction on proposed Lot #2 that will have an area of 1.15-acres. Mr. VanGuilder stated the owner would like to subdivide a 2.36-acre lot to construct another duplex. Mr. VanGuilder pointed out on the subdivision plan the area of the septic system and existing well. Mr. VanGuilder stated there is a Federal wetland that runs through the property. Mr. VanGuilder stated there would be a small crossing adjacent to an existing driveway into the Peterson property. Mr. VanGuilder stated the septic system would need to be designed by a New York State professional engineer. Mr. VanGuilder stated that there is no Public water of sewer available so they will be utilizing wells and septic systems. Mr. Nadeau asked if the sight distance requirement has been met. Mr. VanGuilder stated yes. Mr. Higgins asked if the driveway on the utility easement is showing a 30 FT. wide utility easement. Mr. VanGuilder stated yes and it may be for a future sewer line for a subdivision proposal across the road that has been before the Board. Mr. Higgins asked if there were any overhead utility lines. Mr. VanGuilder stated no and the easement could be used for a sanitary sewer line if the project is approved for another proposed subdivision. Mr. Higgins asked if there were restrictions as far as the driveway is concerned. Mr. VanGuilder stated the driveway would not conflict with the utility easement. Mr. Ruchlicki asked if there was a drainage pipe under the road. Mr. VanGuilder stated that the drainage flows down to the stream that runs under the Peterson’s driveway.
Mr. Higgins made a motion to set a Public Hearing for the June 27, 2005 Planning Board Meeting. Mrs. Jordan seconded. Motion carried.

05.169 NB Lot #’s 23 & 25 Siena Drive, Siena Drive – Lot Line Adjustment
Mr. Paul Rogan will be representing two residential homeowners who are proposing a lot line adjustment for Lot #23 and Lot #25 Siena Drive. Mr. Rogan stated the two parcels are proposing to exchange 921 SF of land to and from each lot to allow for a mutual driveway setup. Mr. Rogan stated Lot #25’s driveway is encroaching upon Lot #23. Mr. Rogan stated the driveway that would be built on Lot #23 would encroach on Lot #25 without the lot line adjustment. Mr. Nadeau asked if there would be a common driveway. Mr. Rogan stated no. Mr. Rogan stated the proposed lot line adjustment would not change the acreage of either parcel. Mr. Rogan stated that Lot #23 would be for new construction and with the proposed lot line adjustment neither driveway would encroach on the others property.
Mr. Nadeau made a motion to set a Public Hearing for the June 27, 2005 Planning Board Meeting. Mr. Higgins seconded. Motion carried.

05.170 NB Prospect Meadows, Farm to Market Road – Sign
Mr. Chauvin recused himself from this item. Mr. Jason Dell, of Lansing Engineering, proposes a sign application to identify the Prospect Meadows (Farm to Market PDD) development. Mr. Dell stated the proposal is to construct a Prospect Meadows sign at the intersection of Outlook Drive North and Farm to Market Road. Mr. Dell stated the sign would be situated within the Homeowners Association property and would be outside of the County and Town’s right-of-way. Mr. Dell sated the proposed sign would be constructed on top of a 2 to 3 FT. high berm. Mr. Dell stated the sign dimensions would be 36 inches by 54 inches and the overall length of the fence if approximately 43 FT. Mr. Roberts asked how high off the ground would the sign be. Mr. Dell stated approximately 6 FT. off the ground except for the header of one post adjacent to the sign. Mr. Higgins asked how high was the berm. Mr. Dell stated 2 to 3 FT. high. Mr. Dell stated they are proposing to landscape in front of the sign. Mr. Roberts asked how the sign would be lit. Mr. Dell stated there were no plans at this time for definitive lighting. Mr. Roberts stated if the sign is to be lit to make sure that the lights do not shine onto the roadway. Mr. Higgins stated that his only concern was the overall height between the berm and the sign is not dramatically over the road level.
Mr. Nadeau made a motion to approve the Sign application for Prospect Meadows. Mrs. Jordan seconded. Motion carried.

05.171 NB Lot #5 Executive Park Drive, 5 Executive Park Drive – Addition
to Site Plan
Mr. Tom Andress, of ABD Engineering, stated that the Board approved Lot 5 Halfmoon Executive Park site plan in May of 1997. Mr. Andress stated when the building was originally built it was built with a basement due to a steep slope in the rear of the building. Mr. Andress stated that Casswood Insurance applied and were approved for a change of tenant application and eventually purchased the building from Mr. Rekucki. Mr. Andress stated the applicant had come to the Board for a change of tenant for the basement of the building. Mr. Andress stated the 1997 site plan approval was based upon 4,000 SF on the main level, which equated to 20 parking spaces. Mr. Andress stated 8 parking spaces were added to the plan but was not adequate parking for Casswood to occupy the basement of the building. Mr. Andress stated the Town’s Planning and Building Department’s visited the site and determined that the site did not meet the required parking standards in order to utilize the 4,000 SF lower level. Mr. Andress stated that Casswood Insurance has stairs going to the basement. Mr. Andress stated that Casswood originally said they would use the basement for storage only. Mr. Andress stated they are currently using the basement space as an office. Mr. Andress stated they did see Tim Murphy, Director of Code Enforcement, in regards to how the site would work and would it work for handicap accessibility. Mr. Andress stated they have a stairway internally, a stairway in the rear and have a ramp located at the side of the building. Mr. Andress stated that Mr. Murphy stated that from a handicap standpoint they could do certain things if they basically use the space above for the same tenant as the space below and they would be able to meet handicap codes. Mr. Andress stated if there are tenants up above and below they would need 2 internal stairways. Mr. Andress stated they still did not meet the parking requirements. Mr. Andress stated they have put together a plan for site improvements. Mr. Andress stated that they would add on additional spaces to the existing parking lot. Mr. Andress stated they would now have 40 parking spaces, which gives them the ability to utilize the upper and lower level of the building for offices. Mr. Andress stated that he was before the Board to present the site plan amendment to be able to add the additional parking spaces so they may legally have the correct amount of parking spaces to utilize both levels with 4,000 SF on each level. Mr. Polak stated a committee would need to be set up to review this application. Mr. Higgins asked if the concrete walk was going out into a no-cut buffer. Mr. Andress stated the concrete walk has existed since the beginning and he is not aware of any no-cut buffer. Mr. Polak asked if the new site plan would interfere with the existing green space. Mr. Andress stated they have 76% green space and with the new configuration there would be 67%. Mr. Andress stated because it was a large lot there was a large amount of green space and it is heavy with vegetation. Mrs. Wormuth asked if the green space would be eliminated in the front along the internal drive. Mr. Andress stated that was correct. Mr. Andress stated that green space area would be reduced. Mr. Andress stated they would be proposing some additional trees. Mr. Nadeau stated when the Board originally approved the project; they were not pleased with the green space behind the building. Mr. Nadeau stated the Board’s interpretation of green space is in front of building where it can be seen.
This item was tabled and referred to CHA for review.

05.172 NB Robert Reilly Assembly Member, 3 Executive Park Drive –
Change of Tenant
Mr. Tom Andress, of ABD Engineering, proposes a change of tenant application for 3 Executive Park Drive. Mr. Andress stated that one of the tenants (a financial institute) changed ownership and they no longer required utilizing the sites 7,800 SF of office space. Mr. Andress stated that 1,000 SF became available and Robert Reilly, Assembly Member, now occupies the 1,000 SF space without Planning Board approval. Mr. Andress stated he is now before the Board with Assemblyman Reilly’s change of tenant application. Mr. Andress stated there is one employee along with Assemblyman Reilly. Mrs. Wormuth asked Mr. Williams if there was adequate parking. Mr. Williams stated yes. Mr. Roberts asked if there would be signage. Mr. Andress stated not under this application.
Mr. Nadeau made a motion to approve the Change of Tenant application for Robert Reilly, Assembly Member. Mr. Higgins seconded. Motion carried.



Mrs. Jordan made a motion to adjourn the June 13, 2005 Planning Board Meeting at 8:36 pm.
Mr. Nadeau seconded. Motion carried.

Respectfully Submitted,

Milly Pascuzzi
Planning Board Secretary