The regular meeting of the Planning Board, Town of Moreau, County of Saratoga and State of New York was held in the Town Office Building, 61 Hudson Street, South Glens Falls, New York on August 21, 2006. 

Planning Board members in attendance were Chairman Peter Jensen, Ronald Zimmerman James Edwards, Kenneth Dixon and Ronald Caulin.

The meeting was called to order by Chairman Jensen at 7:03 p.m.

Chairman Jensen: Will we be able to wrap-up Westgate Estates Subdivision in September?

Mr. Patricke: Yes

I. Pinewood Estates Subdivision

Chairman Jensen: The Pinewood Estates Subdivision, what we have referred to as Cerrone Subdivision is our first order of business. We have a letter signed by Michael Valentine that this is approved by the County. Does the builder have any other concerns?

Mr. O’Connor: There are a few minor points that need to be cleared up.

Chairman Jensen: Is that correct, Mr. Patricke?

Mr. Patricke: Yes.

Chairman Jensen: The water will still be an issue. The water is still being completed but moving along well, and the Mylars will still have to go in to the Health Department for final approval. The lot size has been considered with the availability of public water.

If the Board chooses we can approve the subdivision.

Mr. O’Connor: I would like to suggest that you approve on the condition of either public water or the provision of a well for lots over 32,500sq ft.. Such a well would be disconnected and the developer would pay the cost of that, when public water became available.

Mr. Edwards: Is there an easement for maintenance of the storm water management areas?

Mr. O’Connor: We have an HoA agreement that Attorney Auffredou provided to me, and I parroted, which gives the town maintenance access to the infrastructure, but no lawn maintenance responsibilities.

Atty. Auffredou: It’s similar to what we have in other subdivisions and it meets the requirements of the Town Board.

Chairman Jensen : I understand, Mr. O’Connor, that this may take some time and the applicant may take ownership of the areas while the application for Homeowners’ Association is pending?

Mr. O’Connor: Yes we have already applied for it, but we are prepared for that to happen.

Mr. Edwards: Then there is an easement?

Atty. Auffredou: All of this is stated in the record, but the acceptance of the easement actually takes places when the road and infrastructure are dedicated over to the town. Is that acceptable?

Mr. Edwards: Yes, and the other thing I was going to bring up is, will it be a lighting district with street lighting?

Mr. Cerrone: I will do the same thing I did on William Street.

Mr. Patricke: Actually, you will use a different fixture.

Mr. Cerrone: OK.

Mr. Patricke: The town will have a plan for the lighting with contractors.

Atty. Auffredou: The town has accounts for the lighting district, it is paid from taxes in the lighting district. Mr. Cerrone pays most of the initial costs.

Mr. Edwards: The lights don’t show in the plan?

Mr. Patricke: They never have, because National Grid does the planning after the subdivision map is approved.

Atty. Auffredou: This process works well.

Chairman Jensen: Board, anything else?

Mr. Caulin: From the June 19^th meeting, we had an August 9 letter from Mr. Nace about the landscaping around the sign. It says the details will be provided for with the sign permit. Is that OK?

Patricke: If he does it now, you guys can approve it. He can’t apply for it later, because there is no mechanism for putting a sign in a residential district.

Mr. Nace: May we put that in the final package that you sign?

Mr. Patricke: Yes.

Mr. Edwards: Was that in the plans for Michaels’ Group?

Mr. Patricke: Yes it was. We started doing it because so many residential subdivisions wanted signs.

Mr. Nace: Do you need to see the sign face on the plans?

Mr. Patricke: I need the shape, lighting, landscaping.

Mr. Zimmerman: Are there any concerns with the former Abilene site?

Mr. Patricke: It is not contiguous, and there are no concerns after the DEC Cleanup that took place. That is part of the reason Water District 5 was put in down there.

Atty. Auffredou: Where are you on Water District 2?

Mr. O’Connor: Mr. Nace is working on it.

Atty. Auffredou: You are suggesting not to build on any lot under 32,000 sq ft until municipal potable water is brought onto that lot. Lots larger that 32,500 you do intend to get building permits and CO’s and put in wells if need be.

Mr. O’Connor: What type of disconnect is required?

Mr. Patricke: We encourage wells for irrigation.

Mr. O’Connor: But it has to be a separate facility, no switch?

Mr. Patricke: Yes.

Mr. O’Connor: We have to establish how far we have to go to disconnect that well.

Mr. Patricke: If you abandon the well and pull the pump, you have to fill the hole. But we do not require it to be disconnected at all as long as it is a separate system.

Mr. Edwards: Is this done as a note on the plan?

Mr. O’Connor: We will lines direct to all the houses anyway so that they can be hooked up by a plumber as soon as the water is available in the pipes.

Mr. Edwards: So this is a time frame issue because of the Department of Health issuing the permit?

Mr. O’Connor: It’s the timing of the tower being completed, which we hope will be this fall.

Chairman Jensen: Any further questions, Board?

(None)

Chairman Jensen: Atty. Auffredou, you‘ve reviewed the wording for handling this water issue?

Atty. Auffredou: What they intend to do is fine.

Mr. Patricke: Did we address the waiving of lots from35 -40?

Chairman Jensen: Yes. Board, what would you like to do?

Mr. Caulin: I motion that final approval be given to the Pinewood Estates Subdivision with the condition that no lot under 32,000 sq ft would be built upon until the provision of public water, and that any lot above 32,500 built with a private well, would be immediately hooked up to public water when public water became available. Developer would pay the cost of the conversion from private well to town water. Said condition would be subject to review by Council for the Town. Sign and landscaping plans should be included in the final plans. Motion also includes waiver of the requirement of a maximum of 30 lots, to a maximum of 45 lots.

Mr. Dixon: Seconded.

Mr. Zimmerman –Yes Mr. Edwards-Yes Mr. Dixon- Yes Mr. Caulin-Yes Chairman Jensen-Yes

Mr. O’Connor: Does Mr. Patricke or this Board have any objections to our installing the road pending Health Department final approval, at our own risk?

Chairman Jensen: We do not have power over roads, but you should discuss with Mr. Patricke and do anything at your own risk.

Mr. O’Connor: We would like to get something started before weather prevents this step, so that we are ready to go in the Spring.

Mr. Patricke: We have a provision in our code that a developer can’t subdivide any clearcut land. We have a map showing how much land they intend to clear. This documents that they are not going to have a problem with that provision.

Mr. O’Connor: We would like to proceed at our own risk, but we don’t want to have a problem.

Mr. Patricke: Please coordinate with the highway superintendent for use of his road.

Travis Mitchell: I represent the owners, Mr. and Mrs. Garcia. They have a subdivision off of Old Saratoga Road. The site plan remains much as it was, but lot #4 has been moved to allow for a larger storm water management area. There are 26 additional lots with the applicants and current residents living in the 27^th lot. There are two common driveways built to specs we have discussed with Joe Patricke, Steve Barody and Jim Ryan.

There will be a Homeowners’ Association for ownership of the common driveways, and storm water management areas.

There has been an archeological review of the site, and the State Historic Preservation Office said that there has been no concerns, but there is an area of interest nearby. So there were 350 test locations excavated by hand which showed 3 potential areas of concern. We plan to avoid those areas with no disturbances at all. With regard to wildlife and Carner Blue butterflies, there were 5 site visits at flight times recommended by the Fish and Wildlife Service and no butterflies were seen.

For water, test pits were dug with Joe Patricke and DOH, and there was sand at all locations with no ground water. There will be private wells in each lot, a local driller said that wells in the area run 100-200 feet deep with plenty of capacity. A test pit dug 6 feet deeper than the storm water basin has not shown any standing water.

Chairman Jensen: Your common driveway has been discussed with the highway dept and fire services and they are comfortable that they can service your future residents?

Mr. Mitchell: Yes.

Atty. Auffredou: The Garcia’s attorney has provided me with the declaration and maintenance agreements, which I think in brief will be sufficient. One concern I have is that the declaration expires in 15 years, and I don’t know why that’s necessary, and I don’t think we want that.

Mr. Gerry Magoolaghan, Belmonte Builders: Please disregard that, it will be in perpetuity.

Atty. Auffredou: Okay. Then I have no reservations about this concept.

Mr. Edwards: Will there be gas utilities out there?

Mr. Magoolaghan: We’d like to. If we can’t get the utilities to come out there, we will have buried propane tanks.

Mrs. Garcia: It was our understanding that the DEC doesn’t permit them above ground?

Mr. Edwards: What about lighting? Will this area be lit like a public road?

Mr. Patricke: We would not put lights on private property/shared driveways, because every taxpayer in that district pays for it.

Mr. Edwards: And storm water drainage?

Mr. Mitchell: There would not be any offsite drainage of storm water. Under normal conditions it will infiltrate before getting to the pond. In winter it might under frozen conditions get to the pond, but it will not need offsite discharge:

Mr. Edwards: Lot 20 had a driveway at the end of the cul de sac- what’s the purpose of that crazy looking driveway?

Mr. Mitchell: It’s a steep lot, and we wanted to avoid a steep driveway.

Mr. Zimmerman: What’s the length of that driveway?

Mr. Mitchell: 400 feet.

Mr. Edwards: What about taking it from the road?

Mr. Mitchell: That would involve a lot of clear cutting and switchbacks. I haven’t spoken with emergency services about that lot but they will have the opportunity to look at it.

Mr. Patricke: I can tell you that fire services are more concerned about grade than length.

Mr. Edwards: What is the grade?

Mr. Mitchell: 13-14 % We’ve looked through the town and there are others with 17-19% grade, so we settled on 15% that we should not exceed.

Mr. Caulin: : Mr. Barody is verbally in agreement?

Mr. Mitchell: Yes.

Mr. Caulin: Will we have something in writing?

Mr. Patricke: We will.

Mr. Caulin: What about school busses?

Mr. Patricke: By the time we get to the public hearing, you will have it in writing from the school district, the fire and highway services. You will have it from the County that we are the only ones that don’t look do shared driveways.

Mr. Edwards: Why do we break precedent for this one?

Mr. Patricke: Because we are the only ones that don’t do it. It works for this grade and site.

Mr. Edwards: Does the cul de sac meet town requirements?

Mr. Mitchell: It does with the secondary access. That is what we have changed since we first appeared.

Mr. Edwards: Do we have the town consultant opinion?

Mr. Patricke: Not yet.

Mr. Edwards: The County?

Mr. Patricke: This is not referable to the county.

Mr. Edwards: SHPO Sign off?

Mr. Mitchell: The Department of Health may ask for it, but we are uncertain at this time. The mitigation would be avoidance, which we have already planned for. The only reason we haven’t gone to them officially is the time that it takes.

Mr. Edwards: Sight lines?

Mr. Mitchell: Exceed 600 feet, meets requirements.

Mr. Zimmerman: What about changes in the height requirement?

Atty. Auffredou: The Town is expected to approve that change tomorrow night for the entire town.

Chairman Jensen: Please also submit for highway names so that there can be coordination with the County.

Mr. Patricke: We get it signed off by the Postmaster. I need a reduced copy of the map numbered with all your sites, and we will assign your street addresses.\

Chairman Jensen: Is 26 days close enough to 30 for the public hearing?

Atty. Auffredou: Who else is involved? Department of Health- You need a letter from the DOH saying that you are ok to move ahead with the public hearing and preliminary review, without them. Perhaps you can get a verbal that you may move forward without them.

Chairman Jensen: Applicant has requested to have a public hearing on Sept. 18.

Mr. Caulin: So moved.

Mr. Dixon: Second.

Chairman Jensen: All in favor? We are unanimously approved. Mr. Mitchell, please send us additional copies of this plan. Mr. Patricke will go over the requirements to post signage before the hearing.

Chairman Jensen: SEQR Review: Do I have a motion for the Town Planning Board to assume the role of lead agency for the environmental review?

Mr. Zimmerman: Motioned

Mr. Dixon: Seconded.

Mrs. Garcia: Do we need more than one sign?

Mr. Patricke: Yes, one on each tax parcel. The size is spelled out in the application package, and it has to be viewable from the road.

Chairman Jensen: Do you have any questions of us?

Mr. Mitchell: None:

Chairman Jensen: We have been asked to consider that the Town increase the maximum height requirements, which may be changed tomorrow.

Atty. Auffredou: The Town Board had a public hearing two weeks ago, and wanted to hear form this Board and the fire chief.

Mr. Zimmerman: What did the chief say?

Mr. Patricke: No problems.

Atty. Auffredou: They seem intent on taking action tomorrow, this Board being the only matter of unfinished business.

Chairman Jensen: Proposed language has been provided by Mr. Patricke and Town Attorney recommending that the Town change the maximum height in the zoning requirements from 30 feet to 40 feet.

Mr. Zimmerman: Motioned.

Mr. Edwards: Seconded.

Mr. Zimmerman –Yes Mr. Edwards-Yes Mr. Dixon- Yes Mr. Caulin-Yes Chairman Jensen-Yes

Motion to adjourn made at 8:36. The motion passed unanimously. Next meeting September 18, 2006.

Respectfully submitted,

Tricia Andrews

Recording Secretary

Cc: Zoning Board, Town Board, Town Clerk, Supt. of Highways, Building Inspector, Assessor, Saratoga County Planning Board