Planning Board

Regular Meeting

February 27, 2006

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 February 27,2006

Planning Board members attending the meeting were:

Chairman Peter Jensen,

Ronald Caulin,

Kenneth Dixon,

Ronald Zimmerman,

James Edward,

Gary Dickinson

 Martin Auffredou, Attorney for the Town

Tom Field was absent.

Meeting was called to order by Chairman Jensen at 7:00 pm.

Chairman Jensen introduces Gary Dickinson as the newest member of the Planning Board.

Mr. Dickinson was welcomed by all.

Review of the minutes of the January 20, 2006 meeting, Mr. Dixon made a motion to accept the minutes, Mr. Caulin 2nd the motion, motion carried, minutes approved.

I. Westgate Estates - Public Hearing for SEQRA 7:00 pm

Mr. Dixon - Motioned to table this public hearing and to continue at next meeting.

Mr. Edwards - 2nd the motion.

Roll Call:

Mr. Caulin - yes

Mr. Dickinson - yes

Mr. Dixon - yes

Mr. Zimmerman - yes

Mr. Edwards - yes

Chairman Jensen - yes

Motion carries.

II. Breda Day Care - Public Hearing

Chairman Jensen - called the public hearing to order at 7:05 pm and asked that there be a brief review of project.

Trent Martin of Jarrett Martin Engineering representing Mike Breda reviews the project. This is the old antique building on Rt. 9, they plan to add on, add parking, landscape and update the curb cut, add a play area with both grass and pavement, put in a storm water system on the side and back which will be a subsurface infiltrations system.

Chairman Jensen - Review the ground rules for a public hearing;

1. questions or comments are welcomed

2. please state your name for the record

3. and act with decorum

Are there any questions of this applicant? No questions?

Chairman Jensen - This was reviewed by Saratoga County and their decision was to approve. We will review the short EAF.

Public hearing closed at 7:13 pm

Mr. Zimmerman - I make a motion to file a negative declaration for the EAF on Breda Day Care.

Mr. Dixon- 2nd the motion

Roll Call:

Mr. Caulin - yes

Mr. Dickinson - yes

Mr. Dixon - yes

Mr. Zimmerman - yes

Mr. Edwards - yes

Chairman Jensen - yes

Motion carries.

Chairman Jensen - Board any further questions?

Mr. Caulin - Mr. Martin did you receive a letter from the Town engineer dated

February 26. 2006?

Mr. Martin - Yes, I received it today. We wilt get the required work permits once this is approved. Sheet C2 states this is a DOH area because of less than 1000 gals per day; 02 that our waste water system needs to come from the residential code book; the water district is adequate at this time, and that we do have a play area. It was my error in not showing the fence on the plans.

Mr. Caulin - Go back to 01, do you need a new water meter?

Mr. Martin - This will be taken care of when new system is put in.

Mr. Breda - The loading times and amount of cars at the Aviation location, which is the same size, is: Drop off

7:30 - 8:00 is about 25 cars

8:00 - 8:30 is about 15

8:30 - 9:00 is about 10

9:00 - 9:30 is about 5

Pick up is 3:30 - 4:00 is 25

4:00 -4:30 is 15

4:30 - 5:00 is 25

5:00 - 5:30 is 15

Mr. Caulin - What about the flow of traffic?

Mr. Martin- The traffic would follow onto the site and around the parking lot and back out.

Mr. Dixon - What are you doing about a left turn?

Mr. Martin - There is a very good sight distance.

Mr. Dixon - The traffic will be different.

Mr. Edwards - The narrowest width is 24', you may want to make that area wider and stripe it as right and left turn lanes.

Mr. Martin - We can put arrows in, anything else?

Chairman Jensen - Board any more questions?

Mr. Breda - No meals are served and there is no kitchen, just snacks, and the site has been visited by the state, but they will not give their approval until it goes through you.

Chairman Jensen - What about trash storage?

Mr. Breda - There will be a double door dumpster on the side.

Mr. Dixon - We would rather see it in the back.

Mr. Breda - The trucks have to have access to it, we can fence it.

Mr. Edwards - That's not to bad, if you can fence it in.

Mr. Dixon - Are you going to keep the storage shed?

Mr. Breda - Yes, it works for us, it is the same code requirements on both sites.

Chairman Jensen - Board any questions?

Mr. Zimmerman - Where is the existing well?

Mr. Breda - Here, it is over 100'.

Mr. Dixon - Do you know about level 1 , 2, and 3 offenders?

Mr. Breda - At the Aviation location we get a list, I am sure it is the same here.

Mr. Dixon - I make a motion to approve the World Class Kids Daycare site plan with additions.

Mr. Caulin _2nd the motion.

Chairman Jensen - Gentleman any discussion?

Mr. Caulin - Should we state the additions? Widening of the entrance into 3 lanes, the dumpster site will be fenced, and it will be one way area.

Roll Call:

Mr. Caulin - yes

Mr. Dixon - yes

Mr. Edwards~ yes

Mr. Dickinson - yes

Mr. Zimmerman - yes

Chairman Jensen - Yes

Motion carries.

Mr. Dixon - Makes a motion to sign the Mylar's by the Chairman and one other member

Mr. Caulin - 2nds the motion.

Motion carries.

III. Tierney/Daigle Public hearing begins at 7:30 pm

Tom Tiemey - reviews the plan, wants to move the lot lines to make them in compliance with the Town code. He wants to move the lot line north 90' on the drywall business to make the lot 210'. The middle parcel will be 210' and Luisa's parcel will be 210'.

Chairman Jensen - Explains the ground rules. Are their any comments or questions for this applicant?

This has been reviewed by Saratoga County, they want the driveways on the plat prior to approval, they would like to see as many cross connections as possible, and the plat should show parking and the cross connections.

Chairman Jensen - Any questions?

Mr. Dixon - Does the driveway go to the house?

Mr. Tierney - yes, driveway is to Luisa's and the drywall.

Mr. Edwards - Explains that cross connections, are the possible curb cuts that are opposite each other on each side of the road.

Mr. Tierney - Rusty Saunders may be in front of you in 1 or 2 months, and we may in the future want to move the open warehouse nearer to the new lot line.

Mr. Edwards - Are you showing another driveway on the paper now?

Mr. Tierney - Yes

Chairman Jensen - Any questions?

Mr. Caulin - The lines and road frontage are different?

Mr. Tierney - Yes, we plan to add the 90' onto the 125' already making it 215'.

Chairman Jensen - The short form of the EAF. Are there any environmental concems on this property? No. Public hearing closes at 7:44 pm.

Chairman Jensen- Do I have a motion to file?

Mr. Caulin - Motion to make a negative declaration for the short EAF for Tierney/Daigle plat review.

Mr. Edwards - 2nds the motion.

Roll call:

Mr. Caulin-yes

Mr. Dickinson-yes

Mr. Dixon-yes

Mr. Zimmerman-yes

Mr. Edwards-yes

Chairman Jensen-yes

Motion carries.

Chairman Jensen - Do you wish to grant.

Mr. Dixon - Motions to grant preliminary approval on the plat for Tierney/Daigle.

Mr. Zimmerman - 2nds the motion

Roll call:

Mr. Caulin - yes

Mr. Dickinson-yes

Mr. Dixon - yes

Mr. Zimmerman - yes

Mr. Edwards- yes

Chairman Jensen - yes

Motion carries.

Chairman Jensen - Board, any further action?

Mr. Zimmerman- Makes a motion to waive the requirement of two separate meetings to approve the preliminary and the final plat approval.

Mr. Dixon- 2nds the motion.

Roll Call:

Mr. Caulin - yes

Mr. Dickinson-yes

Mr. Dixon- yes

Mr. Zimmerman- yes

Mr. Edwards- yes

Chairman Jensen- yes

Motion carries.

Chairman Jensen - Anything else?

Mr. Edwards- Make a motion to grant final approval on the subdivision with the following conditions:

-curb cuts and cross connections

-Driveway for parcel one

-Add a note to parcel one about the frontage

Mr. Caulin - 2nds the motion

Chairman Jensen- Any questions?

Roll call:

Mr. Caulin-yes

Mr. Dickinson-yes

Mr. Dixon-yes

Mr. Zimmerman-yes

Mr. Edwards-yes

Chairman Jensen-yes

Motion carries.

Mr. Dixon-Makes a motion for the Chairman and one other to sign the Mylar's when they are ready.

Mr. Dickinson-2nds the motion.

Motion carries.

Chairman Jensen- Explains that they must file the papers with Saratoga County within 60 days of having the Mylar's signed.

IV. Groundworks Utilities Public Hearing begins at 7:50 pm

Ethan Hall reviews the plan, a new driveway, mjnor modifications at "Mothers", on the south side is a wooded area and the north is the hotel, so there is no need for a barrier, however, he does want to put a security fencing around the property .

Chairman Jensen- Explains the ground rules. Any questions. Saratoga County reviewed this and has approved it.

Mr. Edwards- Will there be new parking area, and will it be by code and do you plan to pave?

Mr. Hall - At this moment it is dirt, there are no plans to pave it.

Mr. Zimmerman - Are there still repair cars in the back?

Mr. Hall - Service is required on the cars, there is a maximum of 15 cars in the

back and they are to be repaired, only 14 cars on display out front.

Chairman Jensen - Is there any long term storage?

Mr. Hall - No

Mr. Edwards- The biggest issue last time was that there were up to 30 cars on the lot last time.

Mr. Shield - We are already in compliance since last Saturday.

Chairman Jensen - What about the vehicles parked in the back? Are they leaking fuel?

Mr. Shields-Cars will not be towed into the lot, simple cars to be worked on.

Mr. Dixon-Do he still have rental cars?

Mr. Hall- NO

Mr. Edwards-lUke the improvements, the pavement, the islands and the curb cut is too wide.

Mr. Hall- We can reduce the curb cut to 30' or 40'.

Mr. Edwards-Any additional lighting?

Mr. Hall-Don't intend to add any lighting there is already some on the buildings.

Mr. Zimmerman- There is a need to load up; will you be working off the vehicle

lights?

Mr. Shields-My work is mostly in the capital district, and the equipment will be left on the job site. Will only need to load up during emergencies up here.

Mr. Edwards-Come back to the Planning Board if you need more parking. You will be putting in a sliding gate through the stockade fence?

Mr. Hall- We need to add some elevations to get the gate in.

Mr. Zimmerman-Will you be storing tires?

Mr. Hall-All storage will be off site.

Mr. Caulin-Didn't Mr. Patricke say the fence was illegal?

Mr. Hall-Yes, the fence is, it was installed without a permit that is why.

Chairman Jensen-Any questions?

Mr. Dixon-Is the dumpster out back?

Mr. Hall-Yes

Chairman Jensen-Any questions, then lets go through the short form EAF.

Public hearing is closed at 8: 1 Opm.

Mr. Caulin-Motion for a negative declaration for the short form EAF on

Groundwork's Utilities.

Mr. Zimmerman-2nds the motion.

Roll call:

Mr. Caulin-yes

Mr. Dickinson-yes

Mr. Dixon-yes

Mr. Zimmerman-yes

Mr. Edwards-yes

Chairman Jensen-yes

Motion carries.

Chairman Jensen-Anything further?

Mr. Caulin- Motioned for a final approval contingent on items listed for Groundwork's Utilities.

-small curb

-bench marks on the elevation

-lighting on the plans

Roll call:

Mr. Caulin-yes

Mr. Dickinson-yes

Mr. Dixon-yes

Mr. Zimmerman-yes

Mr. Edwards-yes

Chairman Jensen-yes

Motion carries

Mr. Zimmerman- Motions that the Chairman and one other sign the Mylar's when they are ready.

Mr. Dickinson.2nds the motion.

Motion carries.

V. Saratoga Custom Cycle

John Peoples reviews his site plan, the building is located on Rt. 9 and Fortsville Road, and it was built to code in the 1990's. The exterior has two garage doors that I will change to windows and landscape the front; parking is in the rear and on the side.

Mr. Edwards.WiII theTe be a display area? Will there be an entrance door and where?

Mr. Peoples. There will be two 42" front doors so that stock can be brought into the store that should be ample room.

Mr. Edwards.WiII there be outside displays?

Mr. Peoples.1 don't think so, there will be good windows so you will be able to see the scooters.

Mr. Zimmerman. There will be windows in front?

Mr. Peoples- The windows will be 10' high.

Mr. Edwards-How much parking in front?

Mr. Peoples - There is room for 9, but there is an acre of land and I will remove the trees in front.

Mr. Edwards. There is a scooter shop in Queensbury and it is not too pleasant.

Mr. Peoples -The counter is in the back and people will have to walk in past all the scooters.

Mr. Edwards-Is there a shop?

Mr. Peoples-Yes

Mr. Edwards-What about the drains in the floor?

Mr. Peoples.They are blocked off.

Chairman Jensen- This is a change of occupancy do we need Mylar's?

Mr. Auffredou- No

Mr. Dixon-It fits the zoning.

Mr. Zimmerman-Will there be paving in front?

Mr. Peoples-I would like to do that next year, but J don't have the money right now.

Mr. Edwards-If you defined the opening it would enhance the entrance, you don't need the big opening anymore.

Chairman Jensen-Any questions for Mr. Peoples, Board?

Mr. Caulin-He addressed everything that we asked for last time.

Chairman Jensen-Board do we need any other information?

Mr. Dixon-Makes a motion for no public hearing on this review.

Mr. Edwards-2nds the motion.

Motion carries.

Chairman Jensen-Saratoga County reviewed this and said no significant county wide impact. We will review the short form EAF.

Does anyone know of any environmental concerns?

Mr. Zimmerman-Motions for a negative declaration for Saratoga Custom Cycles.

Mr. Dixon-2nds the motion.

Roll call:

Mr. Caulin-yes

Mr. Dickinson-yes

Mr. Dixon-yes

Mr. Zimmerman-yes

Mr. Edwards-yes

Chairman Jensen-yes

Motion Carries.

Mr. Zimmerman- Limited the number of bikes outside to 5.

Mr. Peoples- Okay

Chairman Jensen- Board any questions?

Mr. Edwards-Motions to approve the site plan with provisions

Mr. Zimmerman-2nds the motion

Roll call:

Mr. Caulin-yes

Mr. Dickinson-yes

Mr. Dixon-yes

Mr. Zimmerman-yes

Mr. Edwards-yes

Chairman Jensen-yes

Motion carries.

VI. Sweet Zoning Board of Appeals Referral

Mr. Sweet is represented by Ilona Coyle. Ms. Coyle reviews the case for the Board. Mr. Sweet purchased land formerly owned by Jacobie, it didn't comply with the regulations and he asked for a variance. The Zoning Board suggested we come in front of the Planning Board, concerning the subdivision.

We would like to know if .1. the Jacobie subdivision still valid and 2. there was no requirement to front onto a road when the subdivision was put in.

Chairman Jensen-A parceJ is alWays a subdivision no matter what date or how old it is.

Ms. Coyle-There has been a large number of parcels sold but not 80%.

Mr. Auffredou-1951 predated subdivision regulations, the plot was filed, the subdivision owns the paper streets, a number have been developed and sold, the lots must be on approved roads IJP to the Town specs. The Zoning Board doesn't have the power to void a subdivision; we need to look at Town law 280a, and the fact that these people can not get a building permit because the parcel doesn't face on an improved road. The Town Code is very clear, however, the Planning Board can use its discretion. No bne wants to develop the streets; the owner is not willing to and will not selt them to the buyers. Mr. Sweet can't get title to the paper street; therefore, he can not develop it. Zoning Board wants to know about a variance. Mr. Sweet has been very cooperative and has done everything in his power. I

Chairman Jensen-We need to thjnk about services, school buses, fire trucks, we assume since it was approved that it is still approved? It is encumber on the developer to develop the streetsl is there recourse there? I am very reluctant to do anything without the improved streets.

Mr. Auffredou- Mr. Sweet was able to obtain an easement to an improved street.

Mr. Sweet-The easement is 35' from the approved road.

Chairman Jensen-What precedent does this set, if we recommend to the Zoning Board to give Mr. Sweet a variance?

Mr. Auffredou-If you are concerned about precedents than state the facts about why it is different.

Mr. Edwards-Are the paper streets owned by the public or are they privately owned?

Mr. Auffredou- The paper streets on the subdivision map, what would happen is the developer would put up a bond, everyone would review it, if everyone is satisfied then a building permit would be issued.

Ms. Coyle-This is an implied easement, doesn't give them the right to develop the lot. Resolution in this case is a limited precedent, limited access, this is in the hands of the estate, and this situation is different than the other ones.

Mr. Auffredou-280a does define access; "access" directly abuts on street or highway.

Ms. Coyle-We request that you consider recommending a variance.

Mr. Auffredou-I would like to site the Smith case, when roads aren't developed, the builder must lay the streets....properly improved.

Mr. Zimmerman-Has the fire department been out there to look?

Mr. Auffredou-No formal request.

Mr. Edwards-What about school buses?

Mr. Sweet-You can walk the 50' to the school bus stop.

Mr. Edwards-We need to discuss public safety.

Chairman Jensen-We are not in the business of granting variances, this is an approved subdivision but he can't get to his lot.

Mr. Auffredou-You could reopen the subdivision, because of new information, no one wants to improve the streets, call in the property owners, insist on a declaration that lots can't be sold until the roads are built to the Town Code.

Mr. Edwards- Should the Planning Board grant the variance?

Chairman Jensen-This is justification of a reexamination of the subdivision, many people may have been led astray.

Mr. Auffredou-I can send a letter to the estate Attorney to an informal meeting, and see how it goes.

Chairman Jensen-I have some concerns but I will go along with the feelings of the Board. I will concur with the Board, this situation is unique in itself, make sure we are not making this a precedent, still like to open subdivision and try to bring this to a resolution.

VIII. Luisa's Italian Bistro Site Plan Review

Rich Cirrelli explains that they would like to make the gallery back into a restaurant with about 20 tables, private room seating and it does have exit signs.

Chairman Jensen-Will you serviee it with the same kitchen?

Mr. Cirrelli- Yes

Mr. Dixon-It is going back to the !same way it use to be?

Mr. Cirrelli-yes

Chairman Jensen- Board are there any questions?

Mr. Caulin-WiII you be changing .any signs?

Mr. Cirrelli-Yes we will be using the old sign of the motel.

Chairman Jensen-Board do you wish to conduct a public hearing? ,

Mr. Zimmerman-Make a motion that we waive the requirement of a public hearing.

Mr. Dickinson-2nds the motion.

Motion carries.

Chairman Jensen-Are we ready to review the EAF?

Mr. Auffredou-We do not have a ,referral from Saratoga County, need that first.

I

Chairman Jensen-On advice of council we will wait until next meeting to review the EAF.

VII. Dr. Kyra Haring Site f>>lan Review

Kyra Haring has wants to lease a business on Rt 9 for a doggy daycare and wellness clinic. It would be open to some grooming, and maybe a weekend training. A fence needs to be put up in the back.

Chairman Jensen- Board any questions?

Mr. Caulin-What would be the hours of operation?

Ms. Haring-7:30 am to 6:30 pm Monday through Friday, no weekends unless it was a training weekend.

Chairman Jensen.. Do we need a public hearing?

Mr. Dixon-Makes a motion to waive the public hearing.

Mr. Zimmerman-2nds the motion.

Mr. Caulin-What about the noise to the residents in the area? When you take the dogs outside, and in the summer if you leave them out?

Mr. Haring-The summer is too hot, and you need to monitor the dogs more.

Roll call:

Mr. Caulin-No

Mr. Dickinson-Yes

Mr. Dixon-yes

Mr. Zimmerman-Yes

Mr. Edwards-Yes

Chairman Jensen-yes

Motion carries.

Chairman Jensen-This needs to be referred to Saratoga County first, we will put you on the agenda for next month, March 20th.

VI. Stonegate Holdings Preliminary Plat Review

Bill Rourke representing Bill Johnson the owner of the property. Nothing has changed since last time.

Chairman Jensen- Would you like to go for preliminary approval and a public hearing?

Mr. Zimmerman-Make a motion for a public hearing on March 20th 7pm for the Preliminary Review of Stonegate Holdings.

Mr. Dixon-2nd the motion.

Motion carries.

Chairman Jensen- SeORA revieW and intended lead agency?

Mr. Dixon-Makes a motion that the Town Planning Board be the lead agency for the SEORA review.

Mr. Caulin-2nd the motion.

Motion carries.

Mr. Zimmerman-Makes a motion for adjournment.

Mr. Dixon-2nd the motion.

Motion carries, adjourned at 10:25pm

Respectfully submitted,

Faith Bouchard

Recording Secretary

CC: Zoning Board

Supt of Highways

Building Inspector

Assessor

Town Board

Town Clerk

Planning Board File

Saratoga County Planning Board