TOWN OF NORTH GREENBUSH PLANNING BOARD 2 Douglas Street Wynantskill, New York 12198

Transcription

1 TOWN OF NORTH GREENBUSH PLANNING BOARD Douglas Street Wynantskill, New York MEETING MINUTES November, 00 at :0 PM Attendance: John Hanlon, Mary Jude Foley, Bill Madsen, Anthony Germano (Chairman), Brian Dwyer, Mark Lacavita, Fred Ashworth, Matthew Hug (Counsel), Thomas Murley (Town Engineer). Meeting called to order at :0pm with the Pledge of Allegiance II Roll Call / Introductions Chairman Germano explained how the meeting will run this evening. III Public Hearings: :0 PM Application of Amedore Land Development, LLC for site plan approval of the Quackenderry Commons Apartment Community at Washington Avenue Extension Gavin Vuillaume briefly presented the application for the public. The site plan was reviewed. A letter was submitted by Mr. Vuillaume which was read into the record. There was a list of issues which the developer has addressed and were read to the Board. Entrance: single entrance which comes off of Washington avenue extension. A single family home near the entrance would have access through the new road. All of the home s utilities would be relocated at the builder s expense. Another traffic report was submitted. Emergency access was discussed and determined. Another access is in the process of being determined. Soil type: soil test were discussed. More soil tests will be conducted per Mr. Vuillaume. Wetlands were discussed as well. Wildlife was discussed. The builder stated they will not be disturbing acres or land where a lot of the wildlife will be living. Noise: elimination of vegetation will be disturbed which could cause some noise concerns. Storm water management was briefly discussed. Findings of the storm water management were distributed to the City of Rensselaer and Laberge. Green space: % of greens space on the site. Parking for the project: minimum of parking spaces for the project. A plan is being developed. No storage in the garages. Snow storage plan is being developed. Water coverage for the development was shown by map. John Bossilini (Amadore Homes) spoke as well about vegetation. Additional vegetation will be planted and fencing may be placed near abutting residences. He also gave a description of what the buildings would look like. There is no local design that resembles this project. This is the first project of this kind.

2 Town of North Greenbush Planning Board Meeting November, 00 Page of They will continue to seek another emergency entrance with the county. Donald Zee is the attorney for the applicant, Niagara Mohawk easement letter was distributed to the board. School District issues were discussed by Mr. Zee and he presented the figures to Chairman Germano. Gavin Vuillaume discussed parking questions asked by the board and Mr. Dwyer asked about an enforcement plan that was asked for previously. Mr. Bossilini stated they will be looking for a management company to work on this project once built. Mr. Germano stated the Board would like to see a plan if additional spaces are needed. Mr. Zee stated that there are parking spaces per unit which is more than town requires. These are all two bedroom apartments. Mr. Dwyer asked about pets and pet areas to walk their pets so they will not be walked in neighboring areas. Mr. Bossilini stated pet walking areas are planned. There will be strict enforcement and accountability through the management company. Mr. Dwyer wants to know what assurance they will have that people will not bring their pets somewhere else. Mr. Vuillaume stated the sidewalks planned will help. Mr. Murley stated there is nothing back from Rensselaer County planning. Pubic Hearing: Mike Gannes, California Avenue: expressed concern that you cannot get through Iowa Avenue when the funeral parlor has a funeral. They are building right next door to him. His main concern is emergency access and the traffic congestion. Kevin Seidan, California Avenue: buffer zone discussed and needs to be foot from property line. He is concerned about the story trees that line that neighborhood and could be removed. He also stated that if an emergency access road is planned for Iowa Avenue that would be tight. He also pointed out what projects do not have an emergency access road and doesn t feel one is needed. Jean Simmons, Florida Avenue: there is barely feet from the property line to the new building and anything built will greatly impact her property. She also suggested someone take a look at the buffer zone. She feels if the neighbors were brought into the plan sooner they could all work together. She is suggesting it be made one big neighborhood. Traffic a consideration for her as well. Beth Bechand, Berryview Drive: There are problems with water on Washington Avenue Extension. There may be bigger problems with water after this is built. Steve Springer, Iowa Avenue: concerned about all the traffic and asked if there is going to be another light and is Washington Avenue extension going to be widened? Gavin Vuillaume stated they are in the process of a study of that area. Tom Johnson, Creighton Manning Engineering spoke about the traffic and widening of Washington Avenue Extension. Mr. Springer asked about waste management and there is going to be a pump station. Gavin Vuillaume stated they are looking into this. No one speaking in favor. No correspondence.

3 Town of North Greenbush Planning Board Meeting November, 00 Page of Donald Zee addressed the buffer issue. He stated the setback requirements are 0 feet. The rear yard setback by town law is 0 feet. Mr. Seiden was not referring to a setback but a buffer. Mr. Bossilini spoke about emergency access and the funeral home traffic blocking the road. He stated they could go through their development and take a closer look. Public Hearing Closed. : PM - Application of Scott Bendett for site plan approval at North Greenbush Road (NYS Route ) (Tax Map No.. -.) for a retail cigar shop :: Applicant was not present. Mr. Germano explained the application and what has occurred. Because this was not published another public hearing was done. Ms. Foley was concerned about deliveries of trucks on the main road and would like this addressed. Public Hearing opened: No one speaking for or against. Mr. Murley stated that this is a negative declaration. Mr. Madsen made motion for a negative SEQRA declaration. Seconded by Ms. Foley. All in favor. Motion carried. Mr. Madsen made a motion to approve the final site plan. Seconded by Ms. Foley. All in favor. Motion carried. :0 PM - Application of Manor Associates for site plan approval at Bloomingrove Drive (Tax Map No..00.) for a new police station Public Hearing Opened: No one speaking for or against. Public Hearing closed. Motion for negative SEQRA action made by Mr. Madsen and seconded by Ms. Foley. All in favor. Motion carried Motion made by Mr. Madsen to approve site plan and seconded by Mr. Dwyer. All in favor. Motion carried. : PM Application of Stefanie & Eric Masher for site plan approval at North Greenbush Road (NYS Route ) (Tax Map No...) for a beauty salon No one present for the application. Public Hearing opened. No one wishing to speak. Hearing closed.

4 Town of North Greenbush Planning Board Meeting November, 00 Page of Motion for a negative SEQRA determination made by Mr. Madsen and seconded by Ms. Foley. All in favor. Motion carried. Motion made to approve the application with conditions of DOT approval on driveway and Rensselaer County approval regarding the sewer by Mr. Madsen and seconded by Mr. Dwyer. The town has received a response yet. :0 PM Application of James M. Vincent for a -lot Minor Subdivision with lot line adjustments of land at & 00 Whiteview Road (Tax Map No.. 0 and Tax Map No.. 0 ) in a Residence Single Family (RS) Zoning District Mr. Kenneth Schwartz spoke on behalf of the Vincent s application. Updates and information from Environmental. Conservation were reviewed. The applicant received a letter Friday which was read to the Board. Mr. Schwartz also sent a hold harmless agreement to Matthew Hug (legal counsel). Mr. Hug does not feel there would be any liability to the town or the board and now there is a letter to the record. Mr. Germano asked about water and sewer. This was a 0 gallon spill where 0 gallons were recovered. Water tests were performed at acceptable levels. The Vincent s would have to appropriately remove any contamination during construction. Public Hearing opened: Katie Connolly (parent s own and live on property next to the Vincent s) spoke against the application. She also commented that she saw no where that there was gallons cleaned up. She is stating the fuel was not cleaned up right after the spill. She presented documentation to the board. Ms. Connolly s parent s water well was 0 feet away from the spill and stated that everyone in the home has head health issues since the spill. She is concerned about disturbing the land again with evidence that there is still contamination. No one else wishing to speak. Public Hearing Closed. :00 PM - Application of Crown Point Condominiums for revised site plan approval at Winter Street Extension (Tax Map No ) for a 0-unit condo project located in a Residence Multiple (RM) zoning district Please note separate transcripts. : PM Application of Winter Street Partners LLC for site plan approval of a -unit townhome residential community at Winter Street Extension (Tax Map No..00 ) in a Planned Development (PDD) zoning district Tom?? presented the application. Mr. Madsen asked if there was some kind of access to Willow Lane and there will be. He also stated that people won t be driving back and forth but this will be a third entrance.

5 Town of North Greenbush Planning Board Meeting November, 00 Page of Mr. Dwyer asked about the water on Winter Street Extension. And Mr.?? explained with water basins how the water will be kept off Winter Street Extension. The storm water management areas will be maintained by the Town. He also explained what the units will look like. They are two to three bedroom townhouses and will have two car garages. Mr. Hanlon asked if they will have sprinklers and they will not. The town will put restrictions on the other land for riding four wheelers, etc. Mr. Hanlon asked if the owners or builders would entertain the possibility of installing sprinklers in the units and he does not know but right now they are not designed to have them. Mr. Dwyer asked if gas grills would be allowed and Mr. Murley does not think there is a rule but just common sense but it is prohibited in a second story apartment. Mr. Germano asked how the donating of land to the town came about. Town Supervisor Evers stated it was the result of conversations with the Little Red School District as opposed to having - bedroom homes that would impact the district. Rensselaer County Highway Department has approved the driveway entrance. Local law and conditions will prevail. Public Hearing: Dan Ashley, Ashley Way: concerned about the maintenance of the retention ponds. There are only people who maintain those ponds for the towns. He spoke about the retention ponds in town and how they are not maintained properly. The entire North Road has to be reconstructed because it is too narrow. Should the town pay for this widening so a development can go in asked Mr. Ashley?? There is no money to rebuild North Road. The noise of building and construction is terrible days a week now. Robert Clancey, Winter Street: spoke and has pictures of the water already building up. He also asked about traffic studies. Bill Finn, North Road: stated that North Road is a small narrow road not big enough now even without new construction and more people. Mike Shaffer, Crimson Circle: Suggests the Board look at this project and the Birchwood Project as one project. He feels the traffic study was not complete. There is a lot of traffic on Winter Street. There was not a storm water report in the public files and he would like to see one. He is also concerned that the proposal is not complete and the board needs to know the entire complete package first. Tom Collins, Crimson Circle: Almost has been hit coming out of Crimson Circle.

6 Town of North Greenbush Planning Board Meeting November, 00 Page of Janet??, Valleyview Drive. What about children and how many and what is the anticipation. Tom?? representing the project stated this type of development doesn t bring in families. Dan Ashley spoke again and stated Oak Hill has a lot of children and feels there will in fact be a lot of children. Tom Sparo, spoke on behalf of Mr. Duffy who lives on the backside of the proposed construction and stated that the Board please consider that Mr. Duffy s property will be affected. Spoke in favor. Supervisor Evers stated this is a tremendous opportunity for a park and recreation area in the town that is needed. Cross country skiing and walking paths can be available. People will not be using the North Road exit for this project. Wayne Stritsman asked what is the revenue that can be generated with this new development. $00,000 in tax revenue per Supervisor Evers. Katie Connolly: DEC wants retention ponds as a law and she said they can maintain them by creating a retention pond district. Carl Yeager, Whiteview Road: spoke about school district and Little Red School District. Lillian Parson, Sharpe Avenue: would like to see a road come out Winter Street Extension but there already is. Public Hearing Closed. :0 PM - Application of Quackenderry Commons PDD for site plan approval of a parcel of land at the intersection of NYS Route and Bloomingrove Drive (across from Agway Drive) for retail use in a Planned Development (PDD) zoning district Gavin Vuillaume spoke about the project and showed the public maps. Mr. Zee also presented a letter from Nigro Companies regarding the access road. Mr. Hug asked if they were looking for site approval and they are for all three. Mr. Murley spoke about the DOT meeting that occurred previously. Mr. Lacavita asked if there were concerns about traffic on Bloomingrove and wants to keep traffic off of Bloomingrove and onto Route. Mr. Zee stated some of these issues were discussed at the workshop meeting. Mr. Germano stated that these applications have come before the board about times and did not want the public to think we weren t getting into al the details.

7 Town of North Greenbush Planning Board Meeting November, 00 Page of Mr. Lacavita asked about lighting and would like to see some uniform period lighting. Gavin Vuillaume is in agreement. Pubic Hearing: Rick Mulvey, Bloomingrove: asked about the left turn onto Bloomingrove and that is to be started any day and asked what will happen to the new intersection. There will be a Traffic signal in all four directions per Mr. Murley. Sidewalks are they in the development and out onto Route. He also asked if there would there be a wooded area at the large building that borders his property? Yes but that is not part of this application per Gavin Vuillaume. Gene Halsey, Thompson Court: is concerned about the lighting. There is no need for 0 feet high and they can be feet. Why can t they be turned down at night and is concerned about more lights in the neighborhood. He also asked about sewers and Gavin Vuillaume explained. Janet?? asked if there will be a large hill where the parcel will be located. Karen Bernado, Thompson Court: stated she is not in opposition. More screening needs to be done. She also asked why can t there be sound barriers or screening to protect with noise and lighting. Joe Tenzyk stated that he appreciates what the board has done so far. But things appear to be going backwards. He is asking about the connector road. He is opposed to the right in right out as well. He feels that this is creating another problem by fixing one. Carol Pennisi, Bloomingrove Drive: concerned with the traffic on Bloomingrove which is horrible. David Wilson, Valente Drive: concerned about the traffic on Route. Rick Mulvey spoke about the people who live on Bloomingrove. He does not want traffic off of Bloomingrove because there will be too much congestion to that area. James Brim, 0 Bloomingrove Drive: works at the church. He is concerned about the traffic on Bloomingrove Drive. Making it one way will not work. Burt Klinger Van Leuven Drive: encouraged to see development that are fixing problems. Brian Zweig, Clearview Terrace: Feedback on the I-0 connector and associated roadways. Public Hearing Closed Break :0 PM - Application for a Major Subdivision to be known as Birchwood Hills for a. acre parcel of vacant land (Tax Map No..00 ) along North Road and Winter Street Extension (n/f owned by William R. Glaz)

8 Town of North Greenbush Planning Board Meeting November, 00 Page of Chad?? representing the applicant of Birchwood Hills and explained the application. Mr. Ashworth commented on the issue of North Road. Mr. Lacavita asked how many trips will this result in on North Road and Chad is guessing at least 0 more. Ms. Foley is asking if the applicant is willing to make any additional improvements to North Road and he will ask the applicant. The Board agrees that something needs to be done with North Road. Mr. Lacavita would like to see a traffic assessment. Mr. Lacavita asked about the Fire Department and school district comments. Chad met with the fire department and he stated that the fire hydrants need to be put on the right side of the street. A letter was sent to the EG school district but have not heard back. Ms. Foley asked who will be maintaining the water swale and Chad does not know. Mr. Dwyer asked how the applicant plans on enforcing the no cut zone. Chad stated that the homeowners association will enforce. There will also be deed restrictions. Water flow was discussed. Mr. Ashworth asked about blasting and it is difficult to determine right now where it will occur per Chad. Public Hearing: Robert Clancy Winter Street: he is concerned about the ponds on this project. He also showed photos of all of the water on his property. He is against any ponds next to his home. If more water comes down his basement he will be flooded out. Traffic is also a concern. He feels this is too large and wants to see development but not on this scale. He would like to see some houses but not on this scale and also hears blasting because of the shale. Their dog has lime decease and some of his sons friends do. Dan Ashley spoke, not against development but wanted the board to know that people have been run off the road because North Road is not wide enough and there is too much density and the water problem is unbelievable. Delores Mesqua, Grandview Terrace: blasting is a concern and too many homes will be built in that area. Tom Collins, Crimson Circle: question on lot sizes and / of an acre with no cut zone. Also concerned with property values decreasing. He is also concerned with what will happen when blasting occurs. Mike Schaffer, Crimson Circle: not against development but asks that the Board please seriously consider that this and the other project should be considered as one project. There will be traffic issues. Timothy Rem, North Road: concerned about the water with the new pond at Westview. He is concerned that the traffic study was done during a holiday and when there was no school buses or HVCC in session. Dan Ashley asked if a SEQRA has been done and there has not been. Jennifer Massey, 0 North Road: traffic is a concern and lights shining on her also she will have a retention pond right next to her and her daughter and mother already have lime disease because of the ticks. Storm water

9 Town of North Greenbush Planning Board Meeting November, 00 Page of is also and issue and is unacceptable. Her sump pump runs every minutes. The road needs to be expanded in some way. Chris Pollard, Crimson Circle: water concerns. Wildlife will be displaced. Donna Rem, North Road: she is concerned about living next to a pond. She is also concerned about blasting. How would all the kids that would live there get to school because a regular bus cannot get up or down North Road. Ed Bradley, West sand Lake Road: has some land in the area in question. The road at the end is poor and is not where it belongs. : PM - Application of BT Greenbush, LLC for site plan approval of the Tech Valley Plaza retail development site located at the southeast corner of U.S Route and NYS Route in a Planned Commercial District. Paul Goldman spoke about the application. He would like to review the questions asked by the board last time. He answered all questions. Mr. Lacavita asked about lighting. Lights cannot be lit all night long and maybe dim at certain time. Ms. Foley asked about sign lighting and how it should go off 0 minutes after closing. All of these are acceptable to the lawyers and engineers. Jim Gillespie, spoke about this as well as Wendy Cimino. Jim Reilly distributed the Creighton Manning response to the chairman. Paul Goldman stated they will do whatever they need to do. Ms. Foley would like to see a more of a hamlet type wall and signage and facades of the building. Paul Goldman is asking for SEQRA review. Mr. Lacavita is concerned about the dumpsters in the rear of the building on Route. Mr. Goldman stated they will have a trash enclosure. The Board would like to see the same material used for the dumpster block on the building. Ms. Foley would also like to see more trees and flowering smaller trees. Mr. Dwyer asked about trash pick up. Trash pick up needs to be during the hours of operation and not a :00am which would disturb neighbors. Pubic Hearing: Burt?, VanLeuvan Drive: asked why the main entrance has to be off of Best Road. Mr. Goldman stated they originally wanted to put two at Best Road and the board wanted one off Route. He is concerned side street will be used. It will become very dangerous.

10 Town of North Greenbush Planning Board Meeting November, 00 Page of Wendy Cimino spoke about that. Janet Cooper, Van Lauevan Drive: Is not impressed what was done on the other side of. She is concerned with the building placement and lighting and opposes this. Bob Collins, Meadow Drive: asked what trees will be cut near his home. None per Mr. Goldman. He also pointed out that he has had trouble with his sewer and well. Karen Bernardo, Thompson Court: She wants a sound barrier wall for a buffer. She said she hears deliveries from Target and Home Depot. She wants the town to do something about noise. Suzie Crowley, Red Oak Lane: she is very disappointed that this Board did not protect her. Why can t North Greenbush be creative like Clifton Park?? Joe Tenzyk questioned what vegetative buffers and he was showed them by Mr. Goldman. He also questioned the street lighting and Mr. Murley stated it is in the road widening project for street lights. Jim Greenfield, Town Historian: spoke about the land being honored to the De Freest s. He would like to see a plaque honoring the De Freest family and Mr. Goldman is agreeable. Public Hearing closed. : PM - Application of Manor Associates, LLC for amended Site Plan approval of the property located at Bloomingrove Drive in a professional business district for the purpose of allowing the Tech Valley High School within the existing building. Bill Ritz from Manor Associates spoke about the Tech Valley High School relocating from the Tech Park to Bloomingrove Drive. There will be a cafeteria, no gym but a fitness center. The Principal of the school stated they would like to grow to 00 students but will start with. Mr. Madsen asked if there was room to stage the buses all at once if there is an early dismissal. Henry Mauer of Manor Associates stated they already spoke to the Building Department about this. Public Hearing opened: Carol Pennisi, Bloomingrove Drive: her concern is the traffic and bringing students and buses and why was this site chosen?? Why did they come out of the Tech Park? Their lease is up. She is very concerned about the road and the students. Joe Pennissi, Blooimgrove Drive: the police station and now this school is too much. The density is too much. Public Hearing Closed. IV Presentations: Town Board Referral for a recommendation for a proposed amendment to Local Law No. of 00 regarding signs Mr. Germano read the sign law change provided.

11 Town of North Greenbush Planning Board Meeting November, 00 Page of Mr. French pointed out that this was substantial. Mr. Madsen stated that he was at the town board workshop where this was discussed. Mr. Hug stated that the ZB felt that this was giving the PB power and there was a concern that the signs would be cart blanch. Mr. French spoke and stated that this was discussed at the ZB meeting and we could do away with design criteria. Mr. Lacavita feels that it is good that the PB doesn t get involved too much with the signage. We need standards as a Board. Mr. Hug feels the language should be created and refined. Mr. Hug is amending the proposal. The ZB was afraid the criteria would be changed which would have caused problems. A Motion was made by Mr. Madsen to authorize Mr. Hug to prepare a language that the Planning Board would handle signage through the site plan. Seconded by Mr. Hanlon. All in favor. Motion carried. Application of US Post Office for modifications to an existing site plan for a post office at Main Avenue in a General Business (BG) zoning district Sketch Plan Review Jim Kirby Engineer for the Post Office in Troy spoke regarding the application. Their goal is to make the parking and entering and exiting better. They plan to enter the employee parking area for larger entering and exiting. They are aware that they would need variances from the ZB as well. This application is for site approval. Mr. Murley stated they cannot do anything without DOT approval. Site Plan Application of Omnipoint Communication, Inc, to co-locate antennas on a tower at Lape Road (Tax Map Parcel No..00 ) Sketch Plan Review Matt Kerwin spoke on behalf of Omnipoint Communications. He explained the application. He also talked about the antennas size, etc. They would like to co-habitate the new Clear Channel site. The applicant will be ready for a December st Public Hearing. Mr. Murley asked about noise and how often the antenna will be tested and he said once a month whenever someone visits the site. V Business Meeting: Action to be considered Approval of October, 00 Planning Board Meeting Minutes Mr. Dwyer made motion to approve the October Meeting Minutes. Seconded by Mr. Hanlon. Abstained: Mr. Madsen and Mr. Ashworth as they were absent from the October Meeting. Action to be considered Application of James M. Vincent for a -lot Minor Subdivision with lot line adjustments of land at & 00 Whiteview Road (Tax Map No.. 0

12 Town of North Greenbush Planning Board Meeting November, 00 Page of and Tax Map No.. 0 ) in a Residence Single Family (RS) Zoning District SEQRA Determination Has been completed on Sept, 00 Mr. Madsen made motion to deny the application and seconded by Mr. Dwyer. Mr. Madsen has a strong concern about two residences on one lot and one lot has contaminated soil which is a concern when building. There is also a soil concern. - to deny. Mr. Hanlon voted to approve. Action to be considered Application of James M. Vincent for a -lot Minor Subdivision with lot line adjustments of land at & 00 Whiteview Road (Tax Map No.. 0 and Tax Map No.. 0 ) in a Residence Single Family (RS) Zoning District Final Subdivision Approval Action to be considered Application of Crown Point Condominiums for a revised site plan approval at Winter Street Extension (Tax Map No ) for a 0-unit condo project located in a Residence Multiple (RM) zoning district (pending Town Board approval) - SEQRA Determination Action to be considered Application of Crown Point Condominiums for a revised site plan approval at Winter Street Extension (Tax Map No ) for a 0-unit condo project located in a Residence Multiple (RM) zoning district (pending Town Board approval) Final Site Plan Approval Mr. Madsen made motion for negative SEQRA action and seconded by Mr. Dwyer. All in favor. Motion carried. Mr. Madsen made motion to approve final site plan. Seconded by Mr. Hanlon. The applicant will still need to go to ZB. Ms. Foley cannot approve this due to parking issues. Mr. Ashworth stated this should have been considered before (the parking issue). Mr. Madsen is concerned about the parking as well. He also stated the Knox Box should be required and where will it be. This will be an amended motion for Knox boxes and the parking as well as a condition of approval. Ms. Foley reviewed the code book for parking The discussion on parking spaces will be handled by Michael Miner per Mr. Germano. Mr. Zee stated that a measurement needs to be taken. Mr. Zee showed the board where he can put additional parking if necessary. Motion to approve the site plan with conditions by Mr. Madsen knox box be reviewed and approved by Fire Chief, md condition blacktop infrastructure be verified and measured to ensure that it conforms with the site plan and the third is more spaces. Seconded by Mr. Dwyer All in favor. Motion carried. Action to be considered Application of Winter Street Partners LLC for site plan approval of a -unit townhomes residential community at Winter Street Extension (Tax Map No..00 ) in a Planned Development (PDD) zoning district - SEQRA Determination Action to be considered Application of Winter Street Partners LLC for site plan approval of a -unit townhomes residential community at Winter Street Extension (Tax

13 Town of North Greenbush Planning Board Meeting November, 00 Page of Map No..00 ) in a Planned Development (PDD) zoning district - Final Site Plan Approval SEQRA determination: Mr. Lacavita questioned the water issue. Mr. Murley explained what happened to another project and the water issue and why a second pond was built. Mr. Murley is confident on the storm water. Mr. Dwyer asked about maintenance of the ponds and the town will take over per Mr. Murley. Mr. Madsen made a motion for negative SEQRA action. Seconded by Mr. Hanlon. All in favor. Motion carried. Site plan approval: Mr. Hanlon made a motion to approve final site plan approval. Seconded by Mr. Madsen. Mr. Madsen has a concern about North Road but feels it should not have to do with this project. He also pointed out that approval is needed for blasting. Mr. Hanlon also asked that the builder consider installing sprinklers in these units but not a condition. All in favor. Motion carried. Action to be considered Application of Quackenderry Commons PDD for site plan approval of a parcel of land at the intersection of NYS Route and Bloomingrove Drive (across from Agway Drive) for retail use - SEQRA Determination Action to be considered Application of Quackenderry Commons PDD for site plan approval of a parcel of land at the intersection of NYS Route and Bloomingrove Drive (across from Agway Drive) for retail use Final Site Plan Approval SEQRA Determination: A Motion made by Mr. Lacavita and seconded by Madsen for a negative SEQRA action. A Condition that this determination is based on the pharmacy and restaurant. All in favor. Motion carried. Final Site plan approval with below conditions: A Motion made by Mr. Madsen to approve with conditions below. Seconded by Mr. Dwyer. All in favor motion carried. Condition for site plan approval: DOT approval of the intersection, Parking lot lighting, the Board has concerns about Bloomingrove Drive in that area. Mr. Zee stated that the board will have another opportunity to review the site plan for other areas on site. Also access to the Home Depot site for secondary egress is an issue but Mr. Zee stated that Mr. Nigro cannot be forced. Trash collection closures and time collected during normal business hours and business days and enclosures need to be similar to the building. Snow removal is in the plan. Action to be considered Application of BT Greenbush, LLC for site plan approval of the Tech Valley Plaza retail development site located at the southeast corner of U.S Route and NYS Route in a Planned Commercial Zoning District - SEQRA Determination

14 Town of North Greenbush Planning Board Meeting November, 00 Page of Action to be considered Application of BT Greenbush, LLC for site plan approval of the Tech Valley Plaza retail development site located at the southeast corner of U.S Route and NYS Route in a PC - Planned Commercial Zoning District Final Site Plan Approval SEQRA determination: Mr. Goldman read a list of conditions (). Add the De Freest Family plaque. This Board has to declare their self as the lead agency. A Motion made by Mr. Ashworth for this Board to be lead agency and seconded by Mr. Dwyer. All in favor. Motion carried. SEQRA: All questions were reviewed with the board and read by Mr. Goldman. Document will be adopted part long form. Motion made for a negative SEQRA determination by Mr. Madsen and seconded by Mr. Hanlon. All in favor. The document was accepted before neg. declaration. Motion to approve the site plan with conditions and include the consultant letter by Mr. Madsen and seconded by Mr. Hanlon. Mr. Murley stated another condition needs to be added about clearing snow, and the final design water and sewer system be approved by the town engineer. All in favor. Motion carried. Action to be considered Application of Manor Associates, LLC for amended Site Plan approval of the property located at Bloomingrove Drive in a professional business district for the purpose of allowing the Tech Valley High School within the existing building - SEQRA Determination Action to be considered Application of Manor Associates, LLC for amended Site Plan approval of the property located at Bloomingrove Drive in a professional business district for the purpose of allowing the Tech Valley High School within the existing building - Final Site Plan Approval Motion made to for a negative SEQRA action by Mr. Dwyer and seconded by Mr. Madsen. Motion to approve site plan made by Mr. Madsen and seconded by Ms. Foley. Condition: An opinion needs to be made by the county engineer and a letter that the additional traffic can be handled by the road. All in favor. Motion carried

15 Town of North Greenbush Planning Board Meeting November, 00 Page of Action to be considered - Application of US Post Office for modifications to an existing site plan for a post office at Main Avenue in a General Business (BG) zoning district - Sketch Plan Acceptance and set date for Public Hearing for December, 00 at :0 PM Motion made to approve the site plan by Mr. Dwyer and seconded by Mr. Madsen. All in favor. Motion carried. Action to be considered - Site Plan Application of Omnipoint Communication, Inc, to colocate antennas on a tower at Lape Road (Tax Map Parcel No..00 ) - Sketch Plan Acceptance and set date for Public Hearing for December, 00 at :0 PM Ms. Foley made motion to approve site plan and seconded by Mr. Madsen. Motion to adjourn at :am made by Mr. Ashworth and seconded by Mr. Dwyer. VI Other Business, Updates and Pending Applications: None VII Next Regular Planning Board Meeting: December, 00 at :0 PM

16 PLANNING BOARD MEETING TOWN OF NORTH GREENBUSH COUNTY OF RENSSELAER ************************************************************* PUBLIC HEARING REGARDING THE APPLICATION OF CROWN POINT CONDOMINIUMS FOR REVISED SITE PLAN APPROVAL AT WINTER STREET EXTENTION (TAX MAP NO..00 ) FOR A 0-UNIT CONDO PROJECT LOCATED IN A RESIDENT MULTIPLE (RM) ZONING DISTRICT ************************************************************* THE TAPED AND TRANSCRIBED MINUTES of the above entitled proceeding BY NANCY STRANG-VANDEBOGART commencing on November, 00 at : p.m. at the Town Offices Douglas Street, Wynantskill, New York BOARD MEMBERS: ANTHONY GERMANO, CHAIRMAN FRED ASHWORTH BRIAN DWYER MARY JUDE FOLEY JOHN HANLON MARK LACIVITA BILL MADSEN MATTHEW HUGG, ESQ., Attorney for the Planning Board LEANNE HANLON, SECRETARY Also present: Thomas Murley, Engineer to the Town of North Greenbush Daniel Hershberg, PE, Hershberg & Hershberg Engineers Donald Zee, Esq., Attorney for Pigliavento Builders Rich French, Chief, Defreestville Fire Department

17 0 CHAIRMAN GERMANO: The next application is the :00 public hearing and that s the application for the Crown Point Condominiums for revised site plan approval on Winter Street Extension. This is for a -unit condo project located in a residential multiple family zoning district. Good evening. MR. HERSHBERG: Good evening, Chairman. My name is Daniel Hirschberg. I m here representing Pigliavento Builders who was successful at the Town Board. We were in front of this board previously talking about the developer s request that they be allowed to sell condos to people that were younger than the year age limited. They do propose in the condo documents, that they are limited to at least one member of the family of the couple will have to be years or older. When we were in front of this board before there were a couple of issues that were raised. One had to do with the sideline restrictions. We do have two buildings and by the way, the buildings that are in the darker orange (Indicating) are already constructed. These are already up. The other five buildings are proposed. Those are existing construction and all of the roadways, curbs, -- --

18 0 sidewalks, sewer system, water system, stormwater management system and grading are all in place. Much of the landscaping is in place, also. There are two buildings that are less than 0 feet from the property line. This one (Indicating) is 0 feet and this one (Indicating) is also 0 feet. This one (Indicating) was but now it s 0 feet. We understand that we will need a variance in order to have those remain because we understand that the restriction is 0 feet. The buildings are currently located with them being closer than 0 feet from the line of Winter Street Extension. The question was raised about the number of parking spaces. We provided some documentation from previous projects that the applicant does have with years or older occupants. There is no difference in the amount of cars required. We do have two per unit; one in the garage and one behind the garage. We do have additional parking spots. The condo docs do require that the person leave the garage open and available for car parking as opposed to using it for supplemental storage. The existing occupants were questioned and they raised no issue regarding changing to the years or older. The market being what it is, the developer -- --

19 0 believes that this was a reasonable change that he ask from the Town Board and we hope that this board will concur that this development, as developed, can meet the needs. There are additional needs required. By the way, this entire area has got fire lane and no parking signs on it. So that there is no parking anyplace within this roadway at all. All parking has to be in the designated parking spots; either a garage or driveway, or in the additional parking spots. Any questions by the board? I ll try to answer them. MS. FOLEY: Are you looking for and above? I thought that this was RM. MR. HERSHBERG: We intend to have, by our own condominium association agreement to limit, the or above. We would take that as a condition of our approval. We believe that is reasonable because that s the way that this development was designed. Even though it s zoned RM, we intend to enforce the additional condition to our condo docs. The existing residents were polled and they thought essentially that they would go along with it as long as the was a restriction. We do have existing condo documents; I believe that have to be amended. Their amendment will be to allow one or more member of -- --

20 0 the family to be years or older. MS. FOLEY: I think that you commented that you need parking spaces. There are garages and parking spaces in front of the garages? MR. HERSHBERG: Yes. MS. FOLEY: How many other parking spaces do you have besides that? MR. HERSHBERG: Fourteen. MS. FOLEY: That s it? MR. HERSHBERG: Yes. We have a total of parking spots. We have 0 units and parking spots. MS. FOLEY: Okay, well, I ve driven in there and I can tell you right now that a lot of the parking spaces that are in front of the garages are just not acceptable for parking spaces. You can t even fit a small car without interfering with the roadway. That one down here (Indicating) which I believe is 0 to 0 because of the topography where the snow storage area is - in order to get to 0, you have to drive around all the cars. You have to have tiny weenie little cars in order to be able to drive to them. MR. HERSHBERG: These are drawn with feet. All these things are drawn with a minimum of feet. This island in between the units is a feet long island. MS. FOLEY: I m talking about 0 to

21 0 MR. HERSHBERG: A car can come into here and drive into here; why not? MS. FOLEY: Because if you re using all the spaces in front of the garages for parking, I mean, I drove down there and if there are trucks - - I mean when you are asking to drop down to, it s possible that you re going to have people that have trucks. You re not talking about just retirees. Even retirees can have trucks or vans. If people are using those spaces in front of those garages for parking, you can t drive around those parking spaces to get to 0 without difficultly. MR. HERSHBERG: I think that we can. The distance between the front of the house and here (Indicating) is feet and then it s a foot wide driveway behind it. MR. ASHWORTH: Mr. Hershberg, I ll go down there with you anytime and we can measure those. I ve measured some of those driveways and they re like or feet long. Most cars are feet or better. MR. HERSHBERG: The plan actually shows that island is a foot MR. ASHWORTH: I don t care about the island. When you park in the driveway and measuring from the paved section of the road to the garage door, some of -- --

22 0 them are only feet. MR. HERSHBERG: Okay. I d be surprised if that was the case, but if you re telling me that you measured it and you believe that s the case, we ll take a tape and go on down. MR. MADSEN: Is all the blacktop infrastructure all the gray -? MR. HERSHBERG: Yes, all the asphalt is installed. MR. MADSEN: So it s simple easy to go down and confirm or MR. HERSHBERG: I have a survey and I can make a copy of it available to this board. As part of our services, we would get an as built survey of the building location and the utility location and make that available to the board. MR. MADSEN: You originally started this project as senior citizen zoning? MR. HERSHBERG: Yes. MR. MADSEN: And now you ve converted to RN zone. Why does the chart for your zoning requirements reference general business? MR. HERSHBERG: You re correct. This is the original document. We brought in the original. MR. MADSEN: That needs to be changed

23 0 MR. HERSHBERG: Right. MR. MADSEN: The two buildings that are within 0 feet of the RS zone; one is built and one is not? MR. HERSHBERG: This one (Indicating) is built and this one (Indicating) is not; correct. MR. MADSEN: You re planning to go to the Zoning Board on that building? MR. HERSHBERG: I think so because the gap between those buildings is currently only. feet and we think that moving it much closer may compromise it with regard to fire protection, etcetera. MR. MADSEN: But the other building is already built? MR. HERSHBERG: Yes. MR. MADSEN: You need to get a variance for that one? MR. HERSHBERG: Yes. MR. MURLEY: I talked to Mike Miner today. We reviewed that and they would have to go to the Zoning Board for the variance because the cul-de-sac is even closer than the buildings are. MR. MADSEN: My opinion would be that when you re talking about change, that building in the cul-de-sac if it s already developed, that s part of the question. When the town changed the zone, it became -- --

24 0 a pre-existing non-conforming use. Under the SC zone, the distance was acceptable. It only became unacceptable when the pre-existing non-conforming condition was sought. Now, the building that s not built yet - that would need to be looked at as a variance, but the one that exists, exists. MR. MURLEY: I would have to bring that up to Mike Miner to look at. Either way, he s got to go for the other building, so he might as well get everything done. CHAIRMAN GERMANO: Tom, did this come up with the Town Board? Did they address this? MR. MURLEY: The buffer was specifically left back to the Planning Board for their site plan approval. If it needed zoning requirements, it would go to the Zoning Board. In reviewing it with Mike Miner he issues it and that s when it was talked about that it would definitely need to go to the Zoning Board for the area variance. That s the only issue that came up was the area variance. One issue that was talked about was parking in the front. Because it s all one parcel, the front yard is between Winter Street and the backs of the buildings. So, there is really no parking in the front -- --

25 0 yard that was even considered. The parking that was approved the number of spaces the plan that was approved for the original project would be the same requirements as for the RN district. CHAIRMAN GERMANO: They re all two bedrooms? MR. HERSHBERG: Yes. MS. FOLEY: And on your parking requirements table actually you have one and a half spaces which 0 times MR. HERSHBERG: That would be 0 MS. FOLEY: So, one and a half for a two bedroom is still not enough. I mean we ve had issues with other MR. HERSHBERG: We concur. We really meant to provide two per unit. We believe that we had one in the garage and one in parking space beyond it; subject to further review and interpretation based on comments tonight. But again, we believe that we had two per unit plus the extra for visitors. We have. parking spots per unit based upon the current layout; not one and one half or two. We have which is.. MS. FOLEY: But that includes those spaces in front of the garages. MR. HERSHBERG: Yes. And we would not be adverse to taking a look to find out whether or not there is -- --

26 0 some more space to add some additional parking. We are not saying that we wouldn t do that. One space that occurs to us is the end of that cul-de-sac. There could be seven or eight spots around that cul-de-sac. That would encroach within the area, but probably not much more than the closest part of that cul-de-sac. Now, it s about feet. Again, the question there is: Would this board like to see additional parking? We could certainly take a look at doing that. There are very few other spots within the site that makes sense to add additional parking because of the tightness between the buildings. These parking spots are laid out so that it would give some gap from building to building and there is some side slopes also between some of those units. MS. FOLEY: How many acres do you have in total? MR. HERSHBERG: The total site is. acres. MS. FOLEY: Okay, so your density is already a little higher than it should be because we think that some of this land is probably not allowed - - it has 0 units on it and that was allowed mostly because you went to senior. So, would you consider reducing the density by say, one building if you had to pick up parking? Also you would reduce the density to what it should be

27 0 MR. HERSHBERG: I think one of the concerns here was that the economic viability was in trouble based upon selling it with the limit. I think the economic viability would be in big trouble if we decided to knock off four additional units. Again, I haven t discussed that with my client. It s something that we can discuss, but I believe that the economics of it will be difficult because we have done all the utilities, all the improvements, all the land costs and everything else on the site based on a 0-unit buy out of the project. We also have our condo docs all based upon what 0 units would have cost, etcetera. MR. ZEE: Donald Zee, attorney for the applicant here. There were some other considerations when we spoke to the Town Board with regard to this project. We have access currently onto Diamond Avenue. We have allowed the residents to use this as a shared driveway access, which is in fact, owned by my clients. The Town Board had a representative who had asked us to consider deeding that property over to the Town Board to avoid the homeowners association from having this conflict. That s something that we would consider in this process

28 0 This is the situation that I mentioned in one of the previous public hearings with regard to the RM zone versus the senior citizen zoning and the fact that these setbacks of the zoning at that point in time which was the SC superceded the RM zoning with the setbacks. I just want to bring that point up that I mentioned earlier. We would explore every option, as Dan said, to try to increase the number of parking spaces and we would go out on-site and demonstrate that. I think when you fully look at the driveways, they do meet with the requirements of parking spaces. I understand that you ve been down there, but in the very near future we re glad to go back and measure. CHAIRMAN GERMANO: When we first met with the developer back in May, we discussed looking at an age reduction. It s now the best part of November and I see in here that we have seven letters that you were able to obtain, I guess, to hold the town from liability with respect to the age change. It said something in there that the homeowners association MR. ZEE: That s correct. CHAIRMAN GERMANO: So, since May, or since at least talking about reducing the age, even though it -- --

29 0 hasn t, has it attracted anyone else? MR. ZEE: Not for the years or older. We could not sign a contract with anybody CHAIRMAN GERMANO: I m just curious. That s why I m asking. MR. ZEE: Everybody who was under contract or who has closed on a unit has signed a letter in agreement with the year CHAIRMAN GERMANO: So this is up to date. MR. ZEE: Correct. CHAIRMAN GERMANO: But you re at least hearing maybe some encouraging news if this went through. MR. ZEE: Part of the reason why we sought to change that is because there are federal regulations dealing with age restricted housing. I know, Matt, you and I were not in a dialogue with that but with your Town Board attorney, I had pointed out to him that under the federal housing regulations, if you have a restriction of years of age, then every single person who resides in the development has to be years of age or older. You can t have a spouse who is younger and under your current SC zoning, it isn t just senior citizens that are, it s also handicapped or disabled people, which would in fact conflict with the existing federal fair housing regulations