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 July 17, 2006. 

Planning Board members in attendance were Chairman Peter Jensen, Gary Dickinson, Thomas Field, Kenneth Dixon and Ronald Caulin.

The meeting was called to order by Chairman Jensen at 7:06p.m.

Chairman Jensen asked the Board to review the minutes of the May 15, 2006 meeting.

There we re not enough members present who were at that meeting to approve the minutes.

Chairman Jensen: The Westgate Estates Subdivision needs to be completed, can we have a motion?

Mr. Field: Motion to continue

Mr. Caulin: Seconded.

All in favor, motion carries.

Chairman Jensen: Until we have further submissions from the applicant, can we have a motion to table Leonelli Apartments.

Mr. Field: So moved

Mr. Dickinson: second

All in favor, motion carries.

Mr. Patricke: The applicant for Woodscape Phase II also asked to be adjourned until the next meeting while working on their water basins.

Chairman Jensen: Let’s reopen the public hearing for Cerrone Builders

I. Cerrone Subdivision

Chairman Jensen: Any public comment? Let’s move on to review of the Environmental Assessment. This is a division of a 41.56 acre lot into 45 parcels for residential development, currently meadow or brush land. The Board reviewed EAF. Any questions? There is a letter from DEC indicating that there are no endangered species on the site.

Mr. Caulin: Question B18, You answered "Yes." What types of pesticides will be used?

Mr. Nace: Just general residential lawn care products.

Mr. Patricke: You do not address the wells?

Mr. Nace: At the time we didn’t know which way we would go.

Mr. Patricke: They are committed to hook up to the public system.

Chairman Jensen: The Department of Health will require you to.

Mr. Nace: Understood.

Mr. Patricke: Regarding agencies, I believe you need DEC for the water permit.

Mr. Nace: Yes, they have to approve the water supply permit for the water district.

Chairman Jensen: I have added under Question B25 Saratoga County Planning Board.

Mr. O’Connor: Also New York State Attorney Generals’ Office for the Homeowners’ Association, which came up after the fact.

Chairman Jensen: A question did come up during public hearing and a report was generated through the Michaels’ Group that the existing highway was adequate for the proposed situation.

Mr. Caulin: Does that include this site?

Chairman Jensen: The indication was that the impact would be very minor. It did not specifically include this site, because it wasn’t planned yet.

Mr. Caulin: So is that still valid with the addition of this site?

Chairman Jensen: My feeling is that it is, but some of the public might not agree.

Mr. Caulin: The application stated an additional 46 trips per hour, and that’s not going to have impact?

Mr. Nace: That’s based on Institute of Traffic Control studies measuring different types of developments. 1.05 trips per household average on the books for this type of development. Also that’s for peak rush hours.

Mr. Caulin: You don’t think that it’s a significant increase?

Mr. Nace: It doesn’t seem like a lot of traffic to me now. But for some people who live there, any change seems like too much.

Chairman Jensen: Moving along to Part II… Part III Board, any further questions of this applicant?

Mr. Patricke: Please note that the traffic issue last week resulted in a stake being placed for both entrances off of Reservoir Road. Steve Brody and I have looked at them and they have no impact. Neither one comes right into a home, so the headlights should not be a problem.

Mr. Caulin: When you pull to the right across from 208 Reservoir, it will draw headlight away from the residence. Not a significant impact.

Chairman Jensen: Is anyone aware of any environmental concerns for this project?
Public hearing is closed.

Chairman Jensen: Do I have a motion to make a negative declaration?

Mr. Field: Motioned

Mr. Caulin: Second

Chairman Jensen: Any further discussion?

Mr. Patricke Did you talk about the engineers report? That will affect storm water.

Chairman Jensen: Yes, and we will bring it up again.

Roll Call: Mr.Dixon-Yes Mr. Field – Yes Mr. Caulin- Yes

Mr. Dickinson -Yes Chairman Jensen- Yes

Motion carried to make a negative declaration on the EAF.

Chairman Jensen: Considering the applicant is still here and the EAF is complete, do I have a motion for preliminary approval, or not?

Mr. Dixon motioned for preliminary approval and Mr. Dickinson seconded.

Chairman Jensen: Mr. Nace, You are aware of the concerns with storm water basins>

Mr. Nace: Yes

Mr. Patricke: There were no major concerns.

Mr. Nace: One way or the other, we will comply.

Mr. Caulin: Will we get a written document addressing these concerns?

Mr. Nace: Yes.

Mr. O’Connor: We talked about locating driveways. We have not done that before. What’s that about?

Mr. Nace: It’s about making sure there are minimum garage and driveways elevations to keep storm water from running into the structures. We will have a grading plan.

Mr. Patricke: Grading plan is required for site plan review.

Mr. Nace: We don’t know until we know the size and location of the house.

Mr. Patricke: We have had floor elevations, and any variations we have their engineer sign off on.

Mr. Nace. That is what I was referring to.

Mr. Caulin: Does preliminary approval say that this applicant can proceed without the public water in place? He doesn’t have the 32,500 sq. ft. required without public water.

Chairman Jensen: At final approval, we can make it contingent on the water being there.

Mr. Caulin: So we’re assuming it is coming, but there is talk in the record about wells until the water comes in.

Mr. O’Connor: What if you place the contingency that only the larger lots can be built upon when the water is not available.

Mr. Patricke: Your approval would have to designate by lot number which lots comply and which would have to wait for the water.

Mr. O’Connor: The assumption that we’re making is that the water will come.

Caulin: That’s a big assumption.

Al Cerrone: We can start the infrastructure, etc.

Caulin: Is the applicant willing to accept with those restrictions?

Mr. Cerrone: We are taking a chance, but we see work being done in town and we know that it is proceeding beyond the talking stage.

Mr. Patricke: We will need to enumerate in the final approval the lots you are approving.

Mr. O’Connor: Tell us how you want it worded, and we will put it on the plans.

Mr. Caulin: The time line is nebulous, but that plan is fine at final approval.

Mr. Patricke: Our attorney and Mr. O’Connor should work that out before the next meeting.

Chairman Jensen: Let’s have a vote on the motion before us.

Roll Call: Mr. Dixon-Yes Mr. Field – Yes Mr. Caulin- Yes

Mr. Dickinson -Yes Chairman Jensen- Yes

Mr. O’Connor: We are going to put the retention areas into a homeowners association and file with the attorney journal. I am thinking of stipulating that Mr. Cerrone will own and maintain them until the Homeowners’ Association is approved by the attorney general’s office. That may take some time.

Mr. Nace: Do you want a landscaping plan for the roadway?

Mr. Patricke: Only if there’s signage. There is no other landscaping on town property.

Did you get a waiver from this board on your 45 lots instead of 35 for a subdivision?

Mr. Nace: We will get them.

Mr. Caulin: What happened with the ownership of the basins?

Mr. Patricke: Martin and the Town Board have agreed that the plan that they have is the right one. That’s why they’re going with the Homeowners Association.

Four test sites were dug this week to monitor ground water. We did not find the same material as at Michaels Group area.

Mr. Nace: We went 14 feet at front and back and found no groundwater, at the middle the group is lower and water was expected at 6-7 feet and it was 8.5- 9 feet. The sand is rather porous.

Chairman Jensen: We have one question hanging with regard to phasing, but if we do grant approval to a few lots first, that will absolve the issue.

Mr. Nace: We prefer that the requirement be waived, because we can’t do the infrastructure in phases. We feel confident that public water will come in quickly and we won’t have to do that.

Mr. Patricke: He can send a letter in requesting that waiver, and you will address it at the final?

Chairman Jensen: Yes. In fairness to the applicant, even though we are not taking a motion, is anyone going to be opposed to waving that requirement next month?

Board: No.

Mr. Nace: Filing date, Joe?

Mr. Patricke: August 7^th.

Mr. Nace: May I have a copy?

Mr. Patricke: Yes.

Mr. O’Connor: Did the town change it’s height yet?

Mr. Patricke: No. There is a public hearing Aug 8 for that, board members present at the last meeting are in support of it.

Motion to adjourn made at 8:03. The motion passed unanimously. Next meeting August 22, 2006.

Respectfully submitted,

Tricia Andrews

Recording Secretary

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