TOWN OF NORTH GREENBUSH PLANNING BOARD 2 Douglas Street Wynantskill, New York Meeting Minutes May 4, 2015 at 6:30 PM

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TOWN OF NORTH GREENBUSH PLANNING BOARD 2 Douglas Street Wynantskill, New York 12198 at 6:30 PM Attendance: Mary Jude Foley (absent), William Madsen, Mark Lacivita (Chairman), David Wilson, Jeffrey Spain, Leanne Hanlon (Secretary), Matthew Hug (absent), (Legal Counsel), Thomas Murley (Town Engineer). Public Hearings: 6:30 PM - Application of The Home Depot for Site Plan Review of modifications to the existing approved site plan at 600 North Greenbush Road in a General Business (BG) Zoning District John Kerekes explained the application to the board and public. Explained that they changed some parking specifications which is pro-parking, veterans parking, Penske truck rental. Craig Fenhoff store manager also present. Seasonal sales area will make use of some of the parking spaces allotted. The application is for seasonal sales use from April 1-July 15 th on the northern side adjacent to the garden center. 4 spaces for shed display. 8 spaces for large equipment rental, 10 for Penske trucks, 8 space for contractor parking, 1 space for load and go, 2 spaces for disabled vets, and cart corrals. Contractor parking would eliminate any parking under the canopy because they do not want anyone to park under the canopy and or signs and possibly put material there so no one parks there. At this point they went before the ZB for a parking variance and it was granted at their last meeting. 1017 is required parking and is being reduced to 963. Large equipment rental is lined up against the shale wall per Mr. Fenhoff but it has become a safety issue because of the way the equipment is stored there. Madsen made note that there is small roadway that is currently blocked with garden items. Chairman Lacivita noted that there is product all over the entire building on the outside of it (garden items, timbers, flowers, bags) and it is a mess per Chairman Lacivita. Chairman Lacivita stated the Lowe s in Latham and the Lowe s in Glenmont has absolutely no outside storage. Per Chairman Lacivita they need to clean the place up and then look at what they would like to do for a twelve month approval and they will have to come before the board sometime in February? Any approvals this evening will expire in twelve months. Bill Miller Fire Marshall for the town spoke about what he came up with for a temporary solution. Line shopping carts in front of entry ways. Relocate tractors, make a loading zone on the side of the building next to the garden storage. Contractor parking moved to outside the canopy. Penske trucks park in parking spots along the wall. Signage issues need to be tidied up and placing no parking signs in certain locations and stop signs. Chairman Lacivita is concerned that if they get too much product to fit in the temp storage he is afraid they will store the product in parking spaces.

Page 2 Mr. Spain asked what corporate plans are and if they have plans to make a more permanent structure. They are aware per Mr. Fenhoff (manager). Mr. Wilson asked how the product in the temp storage be stacked and will there be aisles. Mr. Fenhoff stated there would be isles and customers would not be going into to that storage only the front area. Chairman Lacivita stated the Board and Home Depot should consider Bill Miller s revised sketch plan that he needs to OK. It would be a tentative 6 month approval and it will be revisited to extend it as time goes on and provided there are no violations. The board also needs a written consent from the property owner. Mr. Kerekes stated he would get that. Public Hearing opened: No one wishing to speak. Public Hearing closed. 6:45 PM - Application for Site Plan Review of a Jiff-E-Mart Gas Station and Convenience Store at 250 North Greenbush Road (1.14 Acres) in a General Business (BG) Zoning District - Tax Map Parcel No. 123.17-1-8 Tom Andress (AVB engineers and surveyors) explained the application to the public and board. This was before the ZB for variances. Modifications have been made to the plan per Andress. Including grading and technical details. He said ZBA said a fifty foot buffer is needed and approved that at last month s meeting. 3800 sq foot convenient store with 4 gas pumps to make 8 fueling stations. There will be two entrances 1 on rt. 4 and one on arbor drive. Gas deliveries will be from Rt. 4 to the right side so it does not block anything but are generally during the day. There are 39 parking spaces which was approved by the ZBA. Employee parking will be in the rear. Hours of operation 5am-11pm. They have had discussions with DOT for entry and access. They have not spoken to the town highway about improvements to Arbor drive. Sewer line may be extended to the existing neighborhood per Mr. Murley. Mr. Andress also presented a rendering of the proposed building and Mr. Masone needs to review the plan as part of the design committee well per Chairman Lacivita and the board needs something to show they have reviewed. Mr. Spain asked about parking bollards in front of the store but Mr. Andress said they have sidewalks in front and they did not talk about bollards. He did say they will look at it but want to keep the aesthetic look. But Chairman Lacivita said it is a safety issue as well. The board agreed that they need bollards in the parking spots. Snow removal will be stored in the rear. Chairman Lacivita said he needs to put that on the sketch. Public Hearing opened: Randall Shuebell, 259 North Greenbush Road. He said he did not receive anything to show this was taking place. He doesn t feel it is a good fit for this neighborhood. He lives across the street. He said the traffic is bad on Rt. 4 as well. Confusion it will create by seeing the bright

Page 3 lights and he said the lights will also keep them up all night. He also asked about a traffic light. People won t see Arbor Drive either and it will be a mess. No crime, no smells, no waste water issues but this could cause all these issues. Chairman Lacivita said we are working with what the town board approved for the zoning for this building. Mr. Shuebell said this appears to be spot zoning. He does not want this to go in his neighborhood. The town board did a coordinated SEQRA review per Chairman Lacivita. He asked about his property value? He said there is no way a truck can get in and out of there and could go across his lawn. He continued with other issues. Chairman Lacivita explained what powers this board has to review the site plan. The town board changed the zoning for this area. He is also concerned about the hours of operation. He also stated there will be a lot more traffic and it should have a traffic light. Chairman Lacivita stated that the town board is where he needs to direct his concerns because they did the initial approval. How many feet off of Rt 4 to the edge of Arbor and it is 80 feet per Mr. Murley. Mr. Murley explained DOT has a guideline for all driveways on state roads for business and it is 34 feet. It will be a commercial driveway. Mr. Shuebell states this will bring crime, pollution and noise and he is pleading about the hours of operation. Issues: Buffer Landscape planning Bollards Hours of operation Wayne Miller, 11 Glenmore Road. He agrees with Mr. Shuebell and he thinks the board does not care. Don Starintino, Arbor Drive for 52 years. He asked where the entrance will be off of Arbor Drive. Mr. Andress showed him on the drawing. He also had an issue with the gas delivery access and Lacivita said he will put those concerns to DOT. Bill Shunow stated there are 4 dispensers for gas with 2 nozzles on each. Chairman Lacivita explained town code regulates signage and no flashing signs etc. Vicki Dunson, 9 Arbor Drive, sent a letter in opposition to the board for the record. Mr. Andress discussed signage. There will be screen signs on canopy but the canopy will not be lit. Front corner signage on the peak of the building and they will apply to ZB for signage.

Page 4 Presentations: Application of John J. Dunn for a 2-lot Minor Subdivision on a 18.38-acre parcel at 450 Partition Street Extension (Tax Map Parcel No. 144.00-10-4) in an Agricultural Residence (AR) Zoning District John Dunn presented the application. He distributed maps to the board. No sewer and is an existing farm field with a one story residence. A portion is leased to the Rensselaer school district for athletic practice fields. No other issues noted per Mr. Murley. Parker School expansion: Chad Limburgh presented the application and Meg Taylor the director of Parker school was presented. 3500 square foot addition to the rear of the school. He showed a map which outlines storm water management and layout. The addition is for a science lab for the school. Standard high school science lab equipment and chemicals as required. Chairman Lacivita stated he needs to speak with Mike Miner about the parking impact if any because of the addition. He may be referred to ZBA. Mr. Murley stated there may be some watershed on Rensselaer and they will review that. Mr. Murley will also share with the city of Rensselaer. He was also advised to talk to the fire chief to work out any issues with emergency access and show them the plan. Mr. Limburgh showed storm water run-off to the board on the map. Vals Little Pals: 196 Main Avenue. Valerie Mitchell would like to open a dog grooming and dog day care on that site. She wants to clean up the site as well. Also put a wood fenced in area in the back. Chairman Lacivita asked that she show that on the plan. Small breed only. Day care would be 7am-6pm. The design committee will get the information from Mr. Murley. There are currently 8 parking spaces. Business Meeting: Action to be considered Approval of April 6, 2015 Motion made to approve April minutes by Mr. Wilson and seconded by Mr. Madsen. Dunn application taken next for sketch plan acceptance. Motion made to accept sketch plan and schedule public hearing by Mr. Madsen and seconded by Mr. Spain. Parker school taken next. Motion made to accept sketch plan and schedule public hearing for June 1st 6:40 by Mr. Spain and seconded by Mr. Wilson.

Page 5 Vals Little Pals: Motion made to accept sketch plan and schedule public hearing for June 1 st 6:50 by Mr. Madsen and seconded by Mr. Spain. Action to be considered - Application of Hudson Valley Stargreen s for Site Plan Review of a Planned Development District (PDD) at 50 North Greenbush Road and Vicinity SEQRA Determination Issues to discuss: Screening and buffering and they will do whatever screening is necessary for the neighbors across the street. As a condition of approval it will have to be on the plan per Chairman Lacivita. They also need to apply to the county for fill. Traffic on Glenmore: can the entrance be no right turn onto Glenmore? Asked by Chairman Lacivita. Per Andress signage can be placed. Also make Mazoway Drive one way per Mr. Murley? Little red schoolhouse comments: None yet per Mr. Murley Town Board for sewer district per Chairman Lacivita (residents) Police Chief said there was a complaint about dragging trees down Glenmore road. Mr. Andress said once it was brought to their attention they rectified. Storm water management state requirements. HOA agreement to be provided to board. CDTA letter: Mr. Andress said they will address their comments and will contact them. Per Mr. Murley DOT will handle that when they do their review and Mr. Andress said he will respond as well. CONDITIONS: Screening for 11 and 19 and share the plans with the residents. Exit on Glenmore no right turn signs (local traffic only Mazoway). Need to see HOA review. DOT permit. County Permit. Storm water management plan NYS DEC Permits Motion made for a negative SEQRA determination by Mr. Madsen and seconded by Mr. Wilson. All in favor. Action to be considered - Application of Hudson Valley Stargreen s for Site Plan Review of a Planned Development District (PDD) at 50 North Greenbush Road and Vicinity Final Site Plan Approval

Page 6 Motion made to approve final site plan approval with above 7 conditions by Mr. Madsen and seconded by Mr. Spain. Action to be considered - Application of The Home Depot for Site Plan Review of modifications to the existing approved site plan at 600 North Greenbush Road in a General Business (BG) Zoning District SEQRA Determination Mr. Spain brought to the attention of Home Depot reps that there were issues last month that were brought to their attention but are still there now and he wants them to be aware and attempt to rectify. Mr. Madsen suggested a condition of approval which would be for six months: Approval includes all the original conditions in the site plan approval as amended remains in force unless specifically amended. November 30 th. Revised site plan as provided in sketch form by Fire Marshall will be formalized and submitted to fire marshal and town engineer and approve. Motion made for a negative SEQRA determination with above conditions and requests by Mr. Madsen and seconded by Mr. Spain. All in favor. Action to be considered - Application of The Home Depot for Site Plan Review of modifications to the existing approved site plan at 600 North Greenbush Road in a General Business (BG) Zoning District Final Site Plan Approval Motion made to accept final site plan approval with above conditions for six months (Nov 30, 2015) by Mr. Spain and seconded by Mr. Madsen. All in favor. Action to be considered - Application for Site Plan Review of a Jiff-E-Mart Gas Station and Convenience Store at 250 North Greenbush Road (1.14 Acres) in a General Business (BG) Zoning District - Tax Map Parcel No. 123.17-1-8 SEQRA Determination Motion made for a negative SEQRA determination by Mr. Spain and seconded by Mr. Madsen. All in favor. Action to be considered - Application for Site Plan Review of a Jiff-E-Mart Gas Station and Convenience Store at 250 North Greenbush Road (1.14 Acres) in a General Business (BG) Zoning District - Tax Map Parcel No. 123.17-1-8 Final Site Plan Approval Conditions: Written sign off from design committee. Buffer landscaping be provided to Mr. Miner and Mr. Murley for their review and approval. Lighting plan needs to be reviewed to

Page 7 ensure it does not affect any abutting properties. Bollards in front of building. Sign detail to be provided. DOT sign off needed. Hours of operation: 6:00am-10:30pm. Mon-Sat /Sun 6am- 10pm and need to be on the site plan. Pizza delivery will stop at 9pm. Those hours were agreed on by the board. Dumpster enclosure cannot be chain link fence. Motion made to approve final site plan with conditions by Mr. Wilson and seconded by Mr. Spain. All in favor. Motion carried. Action to be considered - Application of John J. Dunn for a 2-lot Minor Subdivision on a 18.38-acre parcel at 450 Partition Street Extension (Tax Map Parcel No. 144.00-10-4) in an Agricultural Residence (AR) Zoning District Sketch Plan Acceptance and Set Date for Public Hearing for June 1, 2015 at 6:30 PM Voted on above. Other Business, Updates and Pending Applications: Next Regular Meeting: June 1, 2015 Motion to Adjourn at 10:04pm by Mr. Spain and seconded by Mr. Wilson.