Clifton Park Planning Board Meeting Minutes
December 14, 2004
Planning Board Meeting
Those present at the December 14, 2004 Planning Board meeting were:
Planning Board: S. Bulger, Chairman, A. Kramer, J. Larkin, J.
Marzola, S. Pace,
J. Russell
Those absent were: T. Karam
Those also present were: J. Kemper, Director of Planning; J. Grasso,
Clough, Harbour and Associates; M. O’Brien, Environmental
Specialist, P. Pelagalli, Counsel
Mr. Bulger, Chairman, called the meeting to order at 7:10p.m. He
reported that John Marzola has decided not to seek reappointment to
the Planning Board. The Chairman expressed his regret that Mr.
Marzola would no longer be a part of the Board and thanked him for
his years of dedicated service to the citizens of the Town. Mr.
Marzola read his letter of resignation, stating that he believes
that the Planning Board serves citizens with professionalism and
fairness and he considered himself “extremely fortunate” to have had
a part in the Town’s planning process. Board members and all in
attendance stood for recitation of the Pledge of Allegiance.
Public Hearings:
[2004-060] France, John – Proposed transfer of .384 acres of land
from the Lands of Frank J. and Denise C. Volpe, Schauber Road –
Preliminary public hearing and possible determination.
The Chairman called the public hearing at 7:20p.m. The Secretary
read the public notice as published in the Daily Gazette on December
4, 2004.
Mr. VanGuilder, consultant for the applicant, presented this
application, explaining that the properties involved in this
proposed land transfer are mostly located in the Town of Ballston.
Mr. France, the applicant, owns a 30-foot wide strip of land that
serves as access to other land that he owns. He has entered into an
agreement to purchase the southerly 50 feet of Lot #1 of the
Subdivision of the Lands of Frank J. and Denise C. Volpe. The
purpose of the transfer is to widen the access strip owned by the
applicant, providing the space necessary to improve site drainage.
Mr. Kemper reported that the Saratoga County Planning Board reviewed
the application on November 18, 2004 and determined that there would
be no significant county wide or inter community impact. He asked
that the applicant clarify whether or not a new driveway is proposed
for the 50’ strip. Mr. VanGuilder reported that there will be no new
driveway or expansion of the existing driveway.
Mr. O’Brien, Environmental Specialist, reported that the ECC offered
no comment on this application. Mr. Grasso stated that Clough,
Harbour, and Associates found the plan acceptable.
There being no public comment, Mr. Bulger moved, seconded by Ms.
Pace, to close the public hearing at 7:25p.m. The motion was
unanimously carried.
Ms. Pace moved, seconded by Mr. Marzola, to establish the Planning
Board as Lead Agency for this application, an unlisted action, and
to issue a negative declaration pursuant to SEQRA. The motion was
unanimously carried.
Mr. Bulger offered Resolution #30, seconded by Mr. Karam, to waive
the final hearing for this application and to grant preliminary and
final subdivision approval conditioned upon satisfaction of the
comments offered by Mr. Kemper. Ayes: Kramer, Larkin, Pace, Marzola,
Russell, Bulger. Noes: None.
Old Business:
[2004-039] Country Club Acres – Proposed (2) lot subdivision, Ushers
Road and VanPatten Drive – Determination from public hearing held on
October 13, 2004.
Mr. Rob Spiak, consultant for the applicant, explained that this
proposal remains as presented at the October 13, 2004 public
hearing. Though the subdivision was originally associated with a
site plan application from Exxon-Mobil for the construction of a
convenience store and gas station, that project has been withdrawn
from consideration. The applicant currently has no development plans
for the parcel.
Mr. Kemper stated that the project last appeared before the Board on
October 13, 2004 at which time the public hearing was closed. He
explained that a decision must be rendered by the Board within 62
days of the close of the public hearing, or the application will be
automatically approved. The major issue left to be addressed is the
provision for a cross access easement with the adjoining parcel.
This access easement was provided on the plans that were submitted
at the last meeting. The Saratoga County Planning Board approved the
project on September 16, 2004 without comment. If a site plan is
submitted in the future on either of the parcels created, the
Planning Board will require that a shared access drive be provided
from Ushers Road. A notation regarding this condition should be
added to the plans. Though Mr. Karam was not in attendance, Mr.
Kemper reported that he had sent an email stating that he supported
approval of the 2-lot subdivision on the corner of Van Patten Road
and Ushers Road because he believes that that the applicant has met
all zoning requirements.
Mr. Grasso reported that Clough, Harbour, and Associates found that
all previous comments had been adequately addressed. Mr. O’Brien,
Environmental Specialist, stated that the ECC asked that a note be
added to the plan stating that the parcel is located in close
proximity to an identified aquifer.
Mr. Bulger observed that the cross-easement that was agreed to as
part of the Exxon-Mobil application will remain as a condition of
this approval. Mr. Grasso noted that the easement agreement appears
to “favor the larger parcel.” Board members found the plan
acceptable. Mr. Bulger informed the Board that the public hearing
regarding this application had been closed at the October 13, 2004
meeting.
Mr. Larkin moved, seconded by Mr. Russell, to establish the Planning
Board as Lead Agency for this application, an unlisted action, and
to issue a negative declaration pursuant to SEQRA. The motion was
unanimously carried.
Mr. Bulger offered Resolution #31, seconded by Mr. Larkin, to waive
the final hearing for this application and to grant preliminary and
final site plan approval conditioned upon satisfaction of the
comments offered by Mr. Kemper. Ayes: Kramer, Larkin, Pace, Marzola,
Russell, Bulger. Noes: None.
[2004-007] Our Islands, LLC – Proposed 12,250 SF Adirondack Pet
Lodge, Old Route 9 – Final site plan review and possible
determination.
Mr. Rob Osterhout, consultant for the applicant, presented this
application that was previously before the Board on April 27, 2004.
He explained that the plan remains as previously described, though
revisions have been made to the building plan in response to Board
comments regarding sound containment.
Mr. Kemper reported that this project last appeared before the Board
on April 27, 2004 at which time the one major issue raised by the
Board was the noise impact on adjoining neighbors. The applicant
provided written statements from adjoining property owners at their
facility in Plattsburgh stating there was no problem with noise
emanating from this facility. The Board granted preliminary approval
and issued a negative declaration at the April meeting. More
detailed colored façade renderings with building materials must be
provided. The applicant assured the Board that once a vendor is
chosen for the building a more detailed rendering will be provided.
A note must be added to the plans stating that no dogs will be
allowed in the exterior kennels from 10 p.m. to 7 a.m. Sign-off will
be required by the Saratoga County Planning Board and the Saratoga
County Sewer District. The Town of Halfmoon will be holding a public
hearing on December 21, 2004 on the abandonment of the town road.
Mr. Grasso stated that Clough, Harbour, and Associates’ review of
the final site plan for this project resulted in the following
comments. The applicant is proposing to access the site from an
abandoned section of Old Route 9 located in the Town of Halfmoon. As
of the date of this meeting, it was Mr. Grasso’s understanding that
the Town of Halfmoon continues to own this abandoned roadway. It is
further understood that the applicant has approached the Town of
Halfmoon with a proposal to purchase the abandoned right-of-way from
the Town. The Town of Halfmoon has set a public hearing for December
21, 2004 to initiate this process. The granting of final site plan
approval for this project is not recommended until such time as the
applicants can demonstrate that they have acquired the right to use
this property to access the site. The applicant has added notes to
the plan regarding the hours of operation and the frequency with
which animal waste will be removed from the site. Waste is proposed
to be removed on a weekly basis. This frequency should be monitored
to determine if it is adequate to keep odors from becoming a
nuisance to adjoining property owners.
Mr. O’Brien, Environmental Specialist, reported that, after
reviewing the project, the ECC recommends that prior to an approval
the applicant provide the Town of Clifton Park with the results of
an underground storage tank survey.
In response to Mr. O’Brien’s comment, Mr. Osterhout stated that the
applicant will treat or remove any tank that may be uncovered during
construction in accordance with NYSDEC guidelines. He explained that
site investigation and test pit results revealed no evidence of
underground storage tanks on the property or any soil contamination.
Mr. Larkin, citing previous information provided by the applicant
indicating that items that are located on the adjoining Noradki
property that could imply the existence of underground tanks on the
Adirondack Lodge parcel, expressed his concerns regarding such a
possibility. He suggested the use of a GPR (Ground Penetrating
Radar) system to determine if such storage tanks remained on this
property, stating that it was possible that he could arrange for
such a “non-invasive” search. Mr. Osterhout was unable to agree with
this proposal without approval from his client. Mr. Grasso explained
that decisions regarding the possible location of underground
storage tanks are based on information contained within a Phase I
Environmental Assessment Form. He asked that a copy this document be
submitted to the Planning Department and Clough, Harbour, and
Associates for review. If the additional study and site
investigation is indicated, the Board may require the applicant to
conduct additional research.
Board members believed that the applicant has worked diligently to
comply with Board recommendations: they agreed that the granting of
final site plan approval was reasonable.
Mr. Marzola moved, seconded by Ms. Pace, to grant final site plan
approval to this application conditioned upon satisfaction of the
comments offered by Mr. Kemper and Mr. Grasso, the submission of a
Phase I Environmental Report that concludes that no further site
investigation is indicated, and a voluntary site inspection with the
GPR (Ground Penetrating Radar) equipment as referenced by Mr. Larkin
if the property owner agrees to such an investigation. The motion is
unanimously carried.
[2004-057] North, Alan – Proposed 4,380 SF office building, 662
Plank Road – Preliminary site plan review and possible
determination.
Mr. VanGuilder, consultant for the applicant, presented this
application on behalf of his client. The proposal calls for the
renovation of an existing single-family residence into professional
office space. The plan remains generally as presented at the
November 9, 2004 Planning Board meeting. Mr. VanGuilder noted that
issues raised by Board members concerned stormwater and building
access. Stormwater will be retained on site: two dry wells will be
installed in the parking lot to allow for total on-site recharge.
The building will be totally accessible for the handicapped. Small
dumpsters will be secured in a shed and moved to the edge of Plank
Road for scheduled pick-up.
Mr. Kemper explained that this project last appeared before the
Board on November 9, 2004. He recommended that the number of
plantings provided around the parking lot be increased. He also
asked that details be provided for the No Parking and Handicap Zone
signs. The Saratoga County Planning Board reviewed the application
on November 18, 2004 and it was determined there was no significant
county wide or inter-community impact. Façade renderings including
samples of building materials must be provided with the next
submission.
Mr. Grasso reported that Clough, Harbour, and Associates reviewed
the preliminary site plan for this site plan and offered the
following comments. Though the firm assumed that the water and sewer
laterals would be installed by directional drilling to eliminate
stream and wetland impacts, this should be clarified on the plan.
The proposed project is also within the limits of the Exit 9 GEIS
study area. Given the already developed nature of the site and
limited proposed site work, it appears from the information provided
that the project is in conformance with the Statement of Findings.
The proposed dumpster location and enclosure should be shown on the
plan. The proposed 8” HPDE pipe beneath the driveway should be
increased to a 12” diameter and end sections provided. A significant
amount of topographic mapping and design information that was shown
on the concept plan has been omitted from this plan. Included in
this information are the sewer and water tie-ins and easements that
were shown connecting to Abele Boulevard. This information should be
shown on the final plans.
Mr. O’Brien stated that the ECC’s concerns have been addressed.
Mr. Bulger stated that he found written descriptions of the proposed
changes to the façade acceptable since the project involved the
renovation of an existing building. Mr. North briefly described the
proposed changes to the building: Board members found the project
plan acceptable.
Mr. Karam moved, seconded by Mr. Larkin, to establish the Planning
Board as Lead Agency for this application, an unlisted action, and
to issue a negative declaration pursuant to SEQRA. The motion was
unanimously carried.
Mr. Bulger moved, seconded by Ms. Pace, to grant preliminary and
final site plan approval to this application conditioned upon
satisfaction of the comments offered by Mr. Kemper and Mr. Grasso.
The motion was unanimously carried.
[2004-055] New York Development Company – Proposed (22) lot
subdivision, Vischer Ferry Road – Revised conceptual review.
Mr. Gil VanGuilder, consultant for the applicant, presented a
revised conceptual subdivision proposal to the Board. He briefly
described the changes that were made to the project plan. The plan
still calls for (22) lots: 21 lots on a cul-de-sac accessed from
Vischer Ferry Road and one 1.75 acre lot containing an existing
residence. Lots have been reduced in size to provide for the
conveyance of 13 acres to the Town to provide protection for the
drainage corridor and provide open space for Town residents. Mr.
VanGuilder acknowledged the receipt of comments from Clough, Harbour,
and Associates, though he noted that the access point on plan
proposed by the Town Engineer would not meet the required sight
distances along Vischer Ferry Road. In response to the Board’s
recommendation that the existing residence be removed, Mr.
VanGuilder stated that the applicants find the property too valuable
to reduce the number of lots: his clients have attempted to meet the
intent of Board comments. He noted that the multi-use
trail/emergency access has been shown on the plan. This connection
to the Wyncrest subdivision is intended to provide the necessary
second access to the development while minimizing the disturbance of
adjoining wetland areas.
Mr. Kemper reported that this project last appeared before the Board
on October 26, 2004 at which time the major issues of concern
included: the pond being incorporated into the design, provision for
two points of access, and the preparation for comparison purposes of
a true cluster design. The project is a Type 1 action under SEQRA:
coordinated review is required. The project is adjacent to the
Vischer Ferry Road GEIS study area: appropriate mitigation fees will
be assessed. Mr. Kemper received the following comments from Jim
DiPasquale at the Saratoga County Sewer District: “Information on
accessing existing sewer lines and impacts on available system
capacity needs to be submitted in compliance with the District’s
Rules and Regulations for review, construction, and acceptance of
flows.” A Saratoga County Department of Public Works work permit
will be required. The application was referred to the Saratoga
County Planning Board on October 7, 2004. On November 16, 2004 that
Board requested that the time frame for review be extended because
the application was deemed incomplete. Mr. Kemper commented that the
proposed layout does not take into account the features of the site
that make it unique. The existing residence should be removed and a
cluster layout designed to accommodate the pond and other unique
features on the site. Walking trails and other recreational
amenities should be added to the plans. The stormwater management
area should be incorporated as part of the design of the subdivision
rather than placed in the back corner of the subdivision. The
proposed road is placed immediately adjacent to the neighboring
property. Site distances should be illustrated on the plans. A
NYSDEC wetland delineation will need to be performed. If the
existing house is to remain, a minimum of 5 acres should be provided
since it is likely that farm animals will be present on the lot.
Sheryl Reed submitted a memo dated December 14, 2004 that asked the
applicant to provide detailed information regarding the width,
design loading, proposed gate, and signage required for the proposed
emergency road.
Mr. Kemper reported that Tony Karam, Board member submitted the
following comments via email. “After reviewing the "revised"
conceptual layout of the proposed subdivision, my position is that
it appears that the "revised" conceptual layout continues to have
the same density as the original conceptual layout and has not
incorporated the natural surroundings offered by the site as was
discussed during our last Planning Board meeting. In essence, the
current layout sets aside the natural pond and surrounding lands to
the town, without benefiting the new development. This revised
conceptual plan does not, in my opinion, work in cohesion with the
surrounding natural elements offered by the site. Also, I am
concerned about the existing residence on the property and whether
or not it is going to actually exist upon completion of the project.
I would request that the applicant work with the town engineer and
town planner to come up with an alternative layout which would
address the above issues. In general, the revised layout still does
not incorporate the unique characteristics of this site. These
features should be incorporated into the subdivision plan and the
density reduced.”
Mr. Grasso stated that Clough, Harbour, and Associates reviewed the
revised project plan and offered a number of comments. Due to the
location of the entrance road against the southerly property line,
the road may adversely impact the existing parcel on Vischer Ferry
Road immediately south of the project site. This lot would become a
corner lot and would be subject to front yard setbacks on two sides,
thereby potentially reducing the desirability of this lot. It is
recommended that the proposed entrance road be located further to
the north along Vischer Ferry Road with the existing homestead being
incorporated into the subdivision. If there is a concern over sight
distance, additional quantitative justification should be provided.
Mr. Grasso presented a sketch that showed a recommended revised
entrance road location. While it is recognized that a direct
connection to the existing development to the north might not be
desired by the applicant at this time, it is recommended that the
proposed subdivision include provisions (sixty foot right of way)
that would allow this to occur if deemed required in the future. The
multi-use path connection that could also be used for emergency
access is a desirable feature of the revised plan. In accordance
with the subdivision regulations, subdivisions over eighteen lots
require two means of access. The Emergency Services Board will need
to determine if a variance is required and appropriate. The proposed
plan should include provisions for a trail along the south side of
the wetland area extending from the east side of Vischer Ferry Road
to the easterly edge of the subject property north of the proposed
storm water management Area. This trail should be terminated such
that it can be extended to the east in the future.
Some of the lots are less than the 20,000 square feet required in
the R-1 zoning district. As such, it appears that cluster
subdivision provisions will be sought. Although the revised plan
includes significant open space along the pond and drainage corridor
which is a significant improvement over the previous plan, the plan
continues to lack other creative design principles sought in cluster
designs. Alternative layouts should continue to be explored. Mr.
Grasso presented a second sketch that showed an alternative layout
that the Board may consider. The layout includes the following
features not provided in the current proposal:
• A reduction in the number of lots backing up to open space from
ten lots to four lots
• Provides greater setback from Vischer Ferry Road
• Provides more curvilinear road alignment
• Provides significant more open space along the public road
right-of-way, thereby allowing multiple trail access points
• Integrates homestead lot into subdivision
• Provides possible future right-of-way to Wyncrest subdivision
• Increases amount of open space
• Reduces the total number of lots from 21 to 18
Mr. Grasso offered several additional comments regarding the
proposal. The minimum right-of-way width for cluster subdivisions is
sixty feet; however, a fifty foot right of way appears to be shown.
A copy of the Town’s typical section for cluster roadways has been
forwarded to the applicant.
The following comments included in the prior review letter should be
addressed in future submissions as they apply. The proposed method
of water and sanitary sewer provisions should be shown on the plans.
It should be noted that gravity sewer does not exist on Vischer
Ferry Road. Jurisdictional determination letters on the wetlands
should be submitted from both the ACOE and NYSDEC. It is recommended
that the entire LC-Land Conservation zoned areas be dedicated to the
Town as open space. Such a strip will lie adjacent to other open
space created as part of the Wyncrest subdivision. The crossing of
the L-C zone with a Town road is permitted in the zoning regulations
and does not trigger the need for a variance. A 25’ drainage
easement should be provided to the Town of Clifton Park over the
stream along the northern property boundary. Future plan submittals
should include the following: lot acreage, existing contours,
proposed house and driveway locations, and the Land Conservation
Zoning District Boundary.
Mr. VanGuilder offered responses to many of the comments presented
by the Planning Director, the Town Engineer, and Board members. He
believed that the 10’ wide pathway connection to the subdivision to
the north was adequate since the Wyncrest subdivision was totally
built out. He found the proposed trail link “quite doable” because
the area has been actively farmed: it would be feasible to construct
a trail within the L-C zone with no disturbance to the wetlands. The
applicant would like to maintain conventional lot sizes because such
lots are deemed more marketable. An enhanced “curvilinear” alignment
of the street could be achieved; however, such realignment would
result in the reduction of open space. Mr. VanGuilder explained that
the applicants were amenable to eliminating Lot #21, allowing for a
planted buffer that would blend with the proposed open space area.
Mr. O’Brien, Environmental Specialist, reported that the ECC
provided the following comments. The Commission reiterated its
comment that this parcel (subdivision) is located in an area where
aviation activity occurs. Such activity may include, but is not
limited to periodic noise, vibration, hours of operation and other
associated activities. A study describing this impact in detail is
available for inspection in the office of the Albany International
Airport. The appropriate note should be added to the plan. The ECC
also reiterated the comment requiring the applicant to perform soil
tests to insure pesticide residue levels do not exceed state and
federal guidelines. The applicant should consider consolidation of
Lots #10, 11, and 12 into two (2) lots to avoid impact and
encroachment of the L-C zone. As proposed, Lots #10 and 11 contain a
portion of L-C zoned land. The applicant should indicate this zone
on the individual plot plans along with limitations associated with
L-C zones.
Mr. Bulger agreed with the comments prepared by Mr. Karam, noting
that there has been no change to the proposed density. Mr. Kramer
reported that he visited the site and found the pond contained
therein to be a “jewel” that the town should protect. Agreeing that
the elimination of Lot #21 would be of benefit, he encouraged the
applicant to provide walking trails through the designated open
space areas. Responding to Mr. Larkin’s concerns regarding emergency
access, Mr. VanGuilder explained that Ms. Reed found the emergency
access acceptable. Mr. Larkin recommended that split-rail fencing be
added along the pathway/access area. Mr. Kemper explained that the
Planning Board must find the project viable before referring it to
the Emergency Services Advisory Board. Mr. Larkin pointed out, and
Mr. Bulger agreed, that a 10’-wide pathway connection provides much
less separation between parcels than the 60’-wide right-of-way
provided within the Wyncrest subdivision. Mr. Grasso commented that
the pump station that now provides the second access to Redfield
Acres will soon be abandoned by the Clifton Park Water Authority.
Maintenance of the secondary access will likely be eliminated. The
importance of a 60’ wide connecting roadway from Wyncrest to the
proposed subdivision would be increased. Mr. Larkin observed that
the lot to the south would be severely impacted by this development
should the roadway be positioned as proposed. Mr. VanGuilder agreed
to consider moving the roadway to the north. Mr. Russell commented
that he found no “substantial” changes to the project plan. Mr.
VanGuilder stated that he was unsure what revisions to pursue. He
noted that the lay-out proposed by Clough, Harbour, and Associates
was not viable because of the limited sight distance along Vischer
Ferry Road and because the only viable location for the stormwater
management area was the southeastern corner of the site.
Mr. Kemper explained that the maintenance of open space that backed
to several residences was of concern and he asked that the applicant
better incorporate open space into the project design. Mr. Larkin
suggested that parking for trail access be provided in the area that
was currently identified as Lot # 21. Mr. Bulger identified several
of the Board’s concerns and asked the applicant to revise the
project plan to incorporate some of the recommendations proposed at
this meeting. Relocation of the roadway access from Vischer Ferry
Road, provision for a 60’-wide right-of-way from the Wyncrest
subdivision to the proposed subdivision, maintenance of proposed
open space, and the elimination of Lot #21 are all viewed as
priorities by the Board. Mr. Grasso explained that access on Vischer
Ferry Road is controlled by the Saratoga County Department of Public
Works.
New Business:
[2004-064] Dunkin’ Donuts – Proposed amendment to existing site
plan, Route 146 – Conceptual site plan review.
Mr. Ron Bova, consultant for the applicant, presented this
application for the Board’s consideration. His client, Carlos
Tiexeira, currently owns the Dunkin’ Donuts parcel as well as the
adjoining parcel to the north. The applicant proposes the addition
of a 10’ x 18’ freezer, a generator, and a 20’ x 40’ office to the
existing donut shop. The proposed addition will require the
relocation of the 15’ wide drive-thru lane along the north side of
the building. In order to maintain landscaping and the side lot line
setback, approximately 165 feet of the side lot line is proposed to
be relocated approximately 16 feet to the north. This relocation
will require a land transfer from the adjoining parcel to the north
that is also owned by the applicant. The application also includes a
request for approval of driveway on the vacant parcel.
Mr. Kemper reported that site plan approval was originally granted
to this project on December 11, 2001. He stated that following a
complaint concerning the site, Don Clemens, Director of Building and
Development, and he visited the site. At that time it was determined
that the site plan had been expanded beyond what was approved. These
expansions included the extension of the parking lot, the placement
of a storage structure on the parcel, and the addition of a curb cut
on Balltown Road. Following the site visit, the applicant was
instructed make an application for approval of an amended site plan
to the Planning Board. This is the application currently under
review. NYSDOT has also visited the site and issued a letter to the
owner instructing him to remove the second curb cut. If the Planning
Board deems the proposed changes to the plan acceptable, a land
transfer will also be required. Mr. Kemper reported the receipt of a
letter from John Ericson, representative of the Rexford Fire
District, dated December 14, 2004 which stated: “We wish to voice
objections to the extension of the Dunkin’ Donuts property usage.
Without any announcement to the adjacent property owners, Rexford
Fire District (RFD) the owner of Dunkin’ Donuts encroached on our
property by extending an existing parking area beyond their property
and about 15 feet into our lands covering tees that had been planted
approximately 10 feet in from the property line When I discussed
this with Carlos Tiexeira on 9/2/04 he apologized and said he would
replace the trees and make amends to this area. He also stated he
would immediately have his surveyors layout the boundary. I wish to
note that when he first moved in I discussed the boundaries with him
and provided a certified property plan for his information. Within a
few days of our talk on 9/2/04, I noticed he had the canopy/garage
set up. This was extending on to our property. At this time I read
in the paper he had been given a citation and I could not expect any
corrective work. During the past weeks his limousine and tractor
have been moved farther onto our property and the trees are no
longer in sight. The boundary markers that I had pointed out have
been removed and/or buried under fill. I am writing this in haste to
send to you prior to the meeting tonight.”
Mr. Grasso reported that Clough, Harbour, and Associates reviewed
the site plan and offered the following comments. He explained that
the project proposal has been submitted on two separate drawings.
One drawing appears to involve additions to the existing Dunkin’
Donuts store, while the second appears to depict site work on the
adjacent property to the north. Since it is very difficult to
reference the drawings to each other and get a full appreciation or
understanding of the work being proposed, the applicant should
submit one consolidated drawing that includes all work being
proposed. The plan should include all information required by the
Town’s zoning regulations. If the Dunkin’ Donuts lot does not have
sufficient area to accommodate the parking necessary to support the
site’s uses, additional area should be included within the Dunkin’
Donuts parcel. The existing Dunkin’ Donuts store currently has
access by means of a single driveway on Balltown Road. Although two
driveways were originally proposed for the Dunkin Donuts, only one
access was supported by the Town Engineer, the Town Planning Board
and the NYSDOT. The plans appear to propose a second point of access
from a new driveway located approximately 180 feet north of the
existing driveway. In order to provide effective access management,
Clough, Harbour and Associates continues to not support development
of a second access point until it would be necessary to support
additional development in the area. Any proposed access
modifications will need to be reviewed and approved by the New York
State Department of Transportation. The intended use and the
anticipated length of time that the temporary metal storage
shed/carport that has been erected on the site is to be utilized
should be identified. The applicant has submitted technical detail
regarding plans for storm water management. These details will be
reviewed after a revised site plan is provided. The storm water
management analysis fails to identify if compliance with the new
NYSDEC Phase 2 regulations is proposed. The proposed project appears
to be an unlisted action pursuant to SEQRA, and as such, coordinated
review is optional. The involved agencies are expected to include:
Clifton Park Planning Board – Subdivision Approval, Site Plan
Approval, and possible Special Use Permit; Saratoga County Planning
Board – Section 239 Referral; NYSDEC – SPDES Permit for Storm Water
Associated with Construction Activity; NYSDOT-Work permit and
driveway permit.
Mr. Mike O’Brien, Environmental Specialist, reported that, after
reviewing the project, the ECC recommends that the applicant submit
a decipherable plan showing the overall proposed project.
Though Board members agreed that the project plan as presented was
not clear, Mr. Bulger initiated the discussion regarding the
encroachment onto the adjoining fire district property. He explained
that Mr. Tiexiera had constructed a carport without benefit of
Planning Board approval or a Building Permit. Mr. John Ericson,
representative of the Rexford Fire District, described the changes
made to the Dunkin’ Donuts site as “just ugly,” noting that trees
planted on the fire district property had been destroyed and that
the carport installed on the property and the limo stored at the
site encroached on the fire district property. He provided
photographs of the area for the Board’s consideration.
Mr. Bova explained that an additional curb cut was installed at the
site, that the parking lot had been expanded, and that the carport
was installed with one pole situated on the fire district property.
He reported that his client did not realize where the property line
was and mistakenly placed site improvements too close the
neighboring site. He additionally pointed out that the applicant now
owns the parcel directly to the north of the Dunkin’ Donuts: it is
possible that a land transfer may be required in order to provide
the setbacks necessary for the proposed improvements to the site. No
cross-easement agreements are currently in effect for these abutting
lots: the applicant, however, is seeking approval for an access from
Route 146 to the vacant lot.
Mr. Larkin commented that he believed that there was no basis for
approval of a curb cut for the second unimproved lot since there was
no pending site plan before the Board. He also noted that it was
important for the Board to know what type of business the Board
“would be designing for.” Mr. Tiexiera apologized for the site
improvements that were made without Town approval. He stated that he
has closed the second curb cut that he had installed without
permission onto Route 146 and that he has been working diligently
with the town officials and NYSDOT to correct the situation. Mr.
Grasso explained that NYSDOT coordinates its review with the Town
before issuing a curb cut permits. Following a lengthy discussion,
the Board determined that no decision could be made. Mr. Bulger
explained that the Board is particularly concerned about site plan
violations. He instructed the applicant to prepare a plan that would
illustrate current site conditions and another that depicted the
proposed changes to the site. Board members did agree to allow Mr.
Tiexiera to install a generator on the property to insure
uninterrupted service to his customers.
[2004-062] Hornfeck, John – Proposed (4) lot subdivision, Blue Barns
Road – Conceptual review.
Mr. David Flanders, consultant for the applicant, presented this
application for the Board’s consideration. The proposal calls for
the subdivision of a 9.83 acre parcel on the east side of Blue Barns
Road in an R-3 zone into lots of 92,000 SF, 114,600 SF, 109,700 SF,
and 111,900 SF, respectively. Water service will be provided by the
Rexford Water District and individual septic systems will be
installed on each lot. All lots will be accessed by a common drive
from Bradt Road.
Mr. Kemper reported that he had received the following comment from
Sheryl Reed dated December 14, 2004 that asked that the typical
driveway note be placed on the plans per Section 73-19 of the Town
Code. Lot #4 does not have the required amount of SF. Lot lines
should be readjusted or a variance for lot size will be required.
Descriptions must be provided for the ingress/egress easement. The
appropriate setback lines for keyhole lots must be shown on the
plans. A sign-off will be required from the Rexford Water District.
Perc tests must be performed on the site. The applicant should
determine whether of not there are any ACOE wetlands located on the
parcel.
Mr. Grasso stated that the project plan has been reviewed by Clough,
Harbour, and Associates. Several comments were prepared regarding
the project plan. The project site is located within the limits of
the Western Clifton Park GEIS study area. Because the subdivision is
for four lots, the proposed subdivision is exempt from the
moratorium. Given the proposed density of four lots, the subdivision
is not consistent with the Draft Land Use Plan and recommended
zoning regulations included in the Draft GEIS currently under review
by the Town Board. If it was determined that there were no
constraints on the property, based on the recommended density of one
unit per three developable acres, the maximum allowable density
would be three lots. Soil investigations including deep test pits
and percolation tests should be conducted in the area of the
proposed wastewater disposal systems to verify the adequacy of the
soils to accept on-site wastewater disposal systems. The location of
any wells or septic systems within 200 feet of the project site (if
downslope) should be shown to verify acceptable separation
distances. The sight distance at the proposed common driveway
location should be verified. The consultant should also discuss if
this is the optimum location for a curb cut based on sight distance
constraints. Access onto Blue Barns Road will require a curb cut
permit from Saratoga County Department of Public Works. The New York
State Route designation that is shown on the plan appears incorrect.
Lot #1 does not provide the 200 foot lot width at the minimum front
yard setback line. As such, it may be considered a keyhole lot and
subject to the keyhole lot restrictions including fifty foot setback
from all property lines. The Town’s standard notes for keyhole lots
and driveways over 500 feet should be added to the plans and
adequate turning areas should be provided. Portions of Blue Barns
Road have roadside drainage ditches. If ditches are present in this
area, an adequately sized drainage culvert should be provided.
Because the development of the site will involve the disturbance of
greater than one acre, compliance with NYSDEC’s Phase 2 storm water
regulations will be required. The proposed methods of compliance
should be provided in a storm water management report and/or storm
water pollution prevention plan, as may be applicable. The final
plan should show the location of the existing water main and design
for the individual water services. Five foot contours should be
interpolated from USGS topography and shown on the plan to determine
the adequacy of the proposed home locations, evaluate potential
impacts to adjacent properties and to determine the need for
additional investigations into the adequacy of water pressures for
the lots. The size of the project site should be shown on the plan.
The plan should state if there are no wetlands within the limits of
the project site or in areas that would impact the location of the
wastewater disposal systems. The proposed project appears to be an
“Unlisted” action pursuant to SEQR, and as such, coordinated review
is optional. Involved agencies are expected to include the
following: Town of Clifton Park Planning Board – Subdivision
Approval; Rexford Water District – Water Connection Permit; Saratoga
County Planning Board – Section 239 Referral; Saratoga County Dept.
of Public Works – Curb Cut Permit.
Mr. O’Brien, Environmental Specialist, stated that the ECC had no
comment regarding this application.
Mr. Bulger and Board members found the project plan acceptable and
asked the applicant to address the issues raised by Mr. Kemper and
Mr. Grasso.
[2004-063] Christ Community Reformed Church – Proposed (2) lot
subdivision, 1010 Route 146 – Conceptual review.
Mr. Gil Van Guilder, consultant for the applicant, explained that
Christ Community Reformed Church proposes to subdivide a 23,956 SF
lot that contains an existing single-family residence from the 9.4
acre parcel currently under church ownership. The purpose of the
subdivision is to separate the home from the remaining church
property since the residence is no longer used as a parsonage. The
residence is currently served by the Clifton Park Water Authority
and the Saratoga County Sewer District. No changes to either the
existing residence or the church are proposed at this time. Mr.
VanGuilder acknowledged that the residence is currently incorporated
in the PIR zone that surrounds the church; however, Mr. Clemens,
Director of Building and Development, has recommended that the
proposed lot containing the residence is characteristic of adjacent
properties. It is his belief that the proposed lot should be
governed by R-1 zoning regulations.
Mr. Kemper found this proposal acceptable.
Mr. Grasso stated that Clough, Harbour, and Associates reviewed the
subdivision plan and recommends that the location of the sewer
service be investigated to verify that it is within the limits of
the proposed lot. The proposed project appears to be an “Unlisted”
action pursuant to SEQR, and as such, coordinated review is
optional. Involved agencies are expected to include only the Town of
Clifton Park Planning Board for subdivision approval.
Mr. O’Brien, Environmental Specialist, reported that the ECC offered
no comment on the application.
Board members found this project proposal acceptable, though Mr.
Bulger asked that Mr. VanGuilder obtain a letter from Mr. Clemens
clarifying the PIR-R-1 zoning situation.
Discussion Items
Northpark Mobil
Mr. Randy Brenner has requested approval to place a drive-up cash
machine within Plaza 8 on Crescent Road because there is no bank
located within this small shopping center. The machine to be
installed measures 42” x 58” and is 5’ in depth and will be placed
on two adjoining parking spaces. The machine will be protected on
each side by bollards. No cameras are included in the cabinet. Mr.
Brenner anticipates approximately 30 transactions per day.
Board members did have some concerns regarding this proposed
installation. Mr. Russell and Mr. Kramer were concerned with
security. Mr. Kramer asked that the plan included a camera that
would record those who use the machine. Mr. Russell asked that the
installation be delayed until he is able to conduct some research. A
majority of the Board agreed that Mr. Brenner could install the cash
machine when Mr. Russell was satisfied that adequate security
measures would be provided. Ms. Pace was concerned that this would
establish a precedent that would result in the proliferation of such
machines throughout the Town.
Minutes Approval
Mr. Larkin moved, seconded by Mr. Kramer, approval of the minutes of
November 23, 2004 as written. Ayes: Kramer, Larkin, Pace, Marzola,
Bulger. Noes: None. Abstained: Russell.
Mr. Marzola moved, seconded by Ms. Pace, adjournment of the meeting
at 10:30p.m. The motion was unanimously carried. The next meeting
will be held as scheduled on January 11, 2005.
Respectfully submitted, Janis L. Dean, Secretary cc: Planning Board
Members, Planning Department, Clough, Harbour, and Associates,
Supervisor, Town Administrator, Assessor, Zoning Board, Department
of Building and Development, Town Clerk, Town Board Members, Highway
Superintendent, Joel Peller, Town Attorney, Lou Renzi, Town
Attorney, Jim Trainor, Town Attorney, Paul Pelagalli, Town Attorney,
Department of Parks and Recreation, ECC, Saratoga County Planning
Board, Shenendehowa Central School, Clifton Park Water Authority,
Fire Districts.
Resolution #30
Preliminary and Final Approval
At a meeting of the Planning Board of the Town of Clifton Park,
Saratoga County, New York, held at the Town Office Building, One
Town Hall Plaza, on December 14, 2004, there were:
Present: S. Bulger, Chairman, J. Larkin, A. Kramer, J. Marzola, S.
Pace,
J. Russell
Absent: T. Karam
Mr. Bulger offered Resolution #30, and Mr. Kramer seconded, and
Whereas, an application has been made to this Board by John France
for approval of a subdivision entitled Land Transfer Between the
Lands of Lot #1 Subdivision of the Lands of Frank J. and Denise C.
Volpe West Side of Schauber Road and the Lands of France consisting
of the transfer of a fifty foot wide strip of land from the Lands of
Volpe to the Lands of France;
Whereas, pursuant to Section 276 of the Town Law, a public hearing
was advertised and was held on December 14, 2004 and;
Whereas, the Planning Board was established as Lead Agency for this
application, an unlisted action, and a negative declaration was
issued pursuant to SEQRA on December 14, 2004, and
Whereas, it appears to be in the best interest of the Town that said
application be approved,
Now, therefore, be it resolved that the final hearing for this
application is waived and the final subdivision plat entitled Land
Transfer Between the Lands of Lot #1 Subdivision of the Lands of
Frank J. and Denise C. Volpe West Side of Schauber Road and the
Lands of France consisting of the transfer of a fifty foot wide
strip of land from the Lands of Volpe to the Lands of France is
hereby granted preliminary and final approval conditioned upon
satisfaction of the comments offered by Mr. Kemper.
Resolution #30 passed 12/14/04
Ayes: Kramer, Larkin, Pace, Marzola, Russell, Bulger
Noes: None
Steven J. Bulger, Chairman
Resolution #31
Preliminary and Final Approval
At a meeting of the Planning Board of the Town of Clifton Park,
Saratoga County, New York, held at the Town Office Building, One
Town Hall Plaza, on December 14, 2004, there were:
Present: S. Bulger, Chairman, J. Larkin, A. Kramer, J. Marzola, S.
Pace,
J. Russell
Absent: T. Karam
Mr. Bulger offered Resolution #31, and Mr. Larkin seconded, and
Whereas, an application has been made to this Board by Country Club
Acres, Inc. for approval of a subdivision entitled Subdivision of
Lot 2: Subdivision of a Portion of the Lands of Country Club Acres,
Inc. consisting of (2) lots;
Whereas, pursuant to Section 276 of the Town Law, a public hearing
was advertised and was held on October 13, 2004 and;
Whereas, the Planning Board was established as Lead Agency for this
application, an unlisted action, and a negative declaration was
issued pursuant to SEQRA on December 14, 2004, and
Whereas, it appears to be in the best interest of the Town that said
application be approved,
Now, therefore, be it resolved that the final hearing for this
application is waived and the final subdivision plat entitled
Subdivision of Lot 2: Subdivision of a Portion of the Lands of
Country Club Acres, Inc consisting of (2) lots, is hereby granted
preliminary and final approval conditioned upon satisfaction of the
comments offered by Mr. Kemper.
Resolution #31 passed 12/14/04
Ayes: Kramer, Larkin, Pace, Marzola, Russell, Bulger
Noes: None
Steven J. Bulger, Chairman
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