The regular meeting of the Planning Board, Town of Moreau, County of Saratoga, State of New York was held in the Town Office Building, 61 Hudson Street, South Glens Falls, New York on May 15, 2006.

Planning Board members in attendance were Chairman Peter Jensen, Ronald Zimmerman, James Edwards, and Gary Dickinson.

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

Chairman Jensen asked the Board to review the minutes of the March 20, 2006 Meeting. Mr. Zimmerman motioned to approve. Mr. Dickinson seconded. Motion passed unanimously.

Chairman Jensen- Garcia subdivision will not be reviewed because the applicant was not able to complete their homework. The Westgate Estates Public Hearing was also continued.

Mr. Jeff McCarthy of Ivan Zdrahal Associates, PLLC - Endangered species letter for SEQR had been addressed. DEC in 2002 identified Carner blue butterflies but later investigation by North County showed that the vegetation present would not support the Carner Blue. The additional 12 acres parcel does not have the vegetation either.

Chairman Jensen- The statement settles the dispute. This was outstanding for SEQR from last month and the public hearing was held open. Any other environmental concerns? None raised.

Public hearing closed 7:11.

Mr. Edwards- Motion to make a negative declaration

Mr. Dickinson- second

Roll Call:

Mr. Zimmerman-Yes Mr. Edwards- Yes

Mr. Dickinson -Yes Chairman Jensen- Yes

Chairman Jensen: A concern about stormwater buildup in the basins has been raised in Phase I.

Mr. Patricke: Not sure what the concern is, but there is water there.

Mr. Michaels: The Woodscape I final dedication required that the engineers update the basins, and that was done. Basins have been modified, and on ¾ of the days last summer there was hardly any water. There is now, because there has been a large amount of rain, but that is what they are there for. Due diligence has been done and the basins are still being monitored.

Chairman Jensen: Does Mr. Patricke know if the concern is about the open basin or the structures?

Mr. Patricke: The basin. There are no structural concerns. He doesn’t think there’s a problem with them, although they were not expected to be holding water regularly.

Mr. Edwards: Isn’t that sandy soil that should drain well?

Mr. Michaels: Possible that there could be a high water table holding that in, but the basins were dry last year. Phase I and II designs are independent of each other, this was made clear by the Town Engineer. They will continue to monitor Phase I because of all the rain, but it’s not related to Phase II.

Chairman Jensen: What is the prognosis for water?

Mr. Michaels: Extending the water line from Reynolds Road to Reservoir Road, contract has been awarded and paid, is lined up and work is under way on the tower. The Health Dept. condition was that no COwas granted until the water loop is completed on the project. We accepted this condition. It is up to the Town to decide at what point they want to give a CO, when the tower is completed. We are willing to wait on the Town before beginning construction.

Mr. Patricke: The water problem is that there is a gray area because there is a strong possibility that the water tower won’t be completed and painted until next year. Other ways to increase water pressure are being discussed, so that the Town can connect a few units.

Mr. Edwards: Any possibility for next summer?

Mr. Patricke: We are almost positive it will be ready by next summer, and there is some chance it can be done by this fall if everything cooperated.

Mr. Edwards: Isn’t the main concern for the summer anyway, with peak water use.

Mr. Michaels: Yes. And they have noted on the plan that a central well system could be installed to irrigate the 33 maintenance free homes, so they will add the 20 other homes to the concept to alleviate the pressure on town water. It wouldn’t hurt if other projects considered this as well.

Mr. Edwards: Does that mean that we will base the CO’s on the water tower?

Mr. Patricke: They can do their subdivision without impacting the Town this summer this way.

Mr. Zimmerman: Can we note that they have to monitor Phase I?

Mr. Patricke: Not on Phase II plans.

Chairman Jensen: The essential question is the Department of Health approving the plan for water when it is not actually completed?

Mr. Michaels: Pat Trapp’s (DOH) letter that says they will approve and stamp it while just asking the Town not to grant the CO until the water is looped, which will happen this summer anyway. They are amicable to this solution.

Mr. Patricke: It will hinge on the CO being issued. They can have a building permit and not get a CO.

Chairman Jensen: Any questions?

Mr. Edwards: Phase II development? Are you still confident with the additional water issues for Phase II with all the rain?

Mr. McCarthy: We can’t find any groundwater to a depth of 15 feet.

Mr. Michaels: We have good data, not a one time test, of a monitoring well. This is on the second page of the plan.

Mr. McCarthy: Yes we are comfortable with the plans still.

Mr. Patricke: The basin in Phase II is substantially higher than in Phase I and that will

help.

Mr. McCarthy: The basin was over-excavated for Phase I.

Mr. Patricke: The second one’s going to be all right. And in Phase I, during the worst storm, there has been no trouble on the roads, and water is going where it is supposed to go. It’s just not draining as quickly from the basins as expected.

Chairman Jensen: Any questions?

Mr. Patricke: Will there be any signs on the property?

Mr. Michaels: There is a lighted sign entrance very similar to the Phase 1 entrance on Reservoir Road, depicted in the plan.

Chairman Jensen: Any question’s? If not, do you think we could do a preliminary approval?

Mr. Edwards: Motion to grant preliminary approval

Mr. Zimmerman: Second

Roll Call:

Mr. Zimmerman-Yes Mr. Edwards- Yes

Mr. Dickinson -Yes Chairman Jensen- Yes

Chairman Jensen: Motion carries. Preliminary approval is granted.

Mr. Michaels: Can we get a final approval tonight?

Chairman Jensen: With this many lots, probably not. With this large a number, probably not because of the precedent it sets.

Mr. Michaels: So can we be on the agenda for the next time?

Mr. McCarthy: We will need a variance because the number of lots in a single phase has been raised. We would like 53 instead of 35.

Chairman Jensen: Got a good reason?

Mr. Michaels: We had the same variance for Phase I, and the rationale is that we have two separate projects to market. Phase I has a good history, and it makes sense with the way the roadway was resigned.

Chairman Jensen: Would the Board like to take action?

Mr. McCarthy: There are 30 empty-nester, and 23 standard types

Mr. Edwards: Motion to approve the variance question.

Mr. Dickinson: Second.

Roll Call:

Mr. Zimmerman-Yes Mr. Edwards- Yes

Mr. Dickinson -Yes Chairman Jensen- Yes

Chairman Jensen: Motion carried. See you at the next meeting June 19.

Chairman Jensen: This project was holding on a lease agreement from the Town.

Chris Bevins, Velocitel: At 42 Nolan Road we would like a call tower on the water tower. It will work with the Cronin High Rise in Glens Falls and another tower in Fort Edward. It will be painted blue to match the tower and not an eyesore. A shelter, lighting and fencing have all been agreed to and a lease was signed with the Town two weeks ago. A Special Use Permit application has been made.

Chairman Jensen: You are aware that some testing is called for in the Code, which is not available at this time.

Mr. Bevins: Yes

Chairman Jensen: I don’t believe this is available anywhere any longer. It would be appropriate to require that the testing and the sequence be as in the Code and the items be addressed as appropriate, and the decision as to what is to be looked at and tested be discussed with Joe Patricke and counsel for the town. We can not hold the applicant to a standard that the Town can’t adhere to.

Mr. Bevins: There is a standard accepted by tower builders and towns everywhere for use, and this should be acceptable.

Chairman Jensen: Discuss that one that with the town attorney then.

Mr. Edwards: What is the standard in question?

Chairman Jensen: The Cobbs Test Protocol is a problem because the tester is unavailable, no longer in service, but the Town Code has not been updated.

Mr. Bevins: TIA Standard says that they test emissions from different locations after the build.

Chairman Jensen: I think that’s the only thing we can do at this point.

Mr. Edwards: As long as it meets FCC requirements.

Chairman Jensen: And the spirit of the law. What would you like to do?

Mr. Patricke: What was determined?

Chairman Jensen: That counsel and yourself would enter into due diligence with the applicant. Do we have a motion?

Mr. Zimmerman: I motion to grant approval to Velocitel on behalf of Cingular Wireless.

Mr. Edwards: Second.

Roll Call: Mr. Zimmerman-Yes Mr. Edwards- Yes

Mr. Dickinson -Yes Chairman Jensen- Yes

Chairman Jensen: Motion carried. Failure to enter into due diligence will nullify the approval.

Mr. Bevins: Understood.

Mr. Patricke: I need a Mylar.

III. Groundworks Utilities represented by Ethan Hall.

Mr. Hall: This is the second phase of the project, currently housing Mother’s Automotive. Recommendation has been received from Saratoga County and identified no significant impact.

Chairman Jensen: Kathy received this letter from Mike Valentine. That was the only item holding up the proposal. What would the Board like to do?

Mr. Edwards: Joe, do you need anything?

Mr. Patricke: This is the first I’ve seen of it. Mother’s is still there.

Mr. Hall: This will become R.H. Fink Sales and Rental from Bobcat of Saratoga. They will use the building that is Mother’s, and is taking out the driveway. They will be displaying 5-7 pieces of brand new equipment, redo the parking area, with 6 spaces. Equipment and storage of rental fleet will be out back, but a few newer pieces will be displayed in the front.

Mr. Patricke: Bobcat already has a big banner up without waiting for approval.

Mr. Hall: I was not aware of that.

Mr. Patricke: Mother’s has to be removed before Groundworks does anything. How will it be finished?

Mr. Hall: The blacktopping and groundwork will all be done at one time. They have a driveway permit from the State ready to go and have been working on the parking lot. As soon as this approval comes they will begin tearing out blacktop.

Mr. Patricke: A fence was approved and now they want to do a different fence.

Mr. Hall: That just came up this afternoon

Mr. Patricke: They want 8 feet?

Mr. Hall: They discovered that it wasn’t done well in the back.

Mr. Edwards: The fence was stuck in the berm and not well done.

Mr. Patricke: Do you (Board) want to know that something has been done differently than what was approved?

Mr. Edwards: Yes, it affects the water.

Mr. Patricke: High fences are fine, but do you want to know it’s been changed.

Mr. Edwards: It’s not a big deal but yes, we want to know.

Mr. Patricke: Could you please relay that we’d like to see details on the fence.

Mr. Hall: Sure

Mr. Edwards: It looks bad, and they don’t really need the berm.

Mr. Hall: I can certainly relay that.

Mr. Patricke: That’s what I would like to see, so I can approve.

Mr. Hall: It will be similar in kind. If you want me to tell them to take the berm down, I will.

Chairman Jensen: If it’s an amendment, we need to see them.

Mr. Hall: Can we get the 1^st thing approved?

Chairman Jensen: You’ve been advised that the approved site plan is not being followed.

Mr. Hall: I’ll relay that.

Chairman Jensen: What does the Board want to do?

Mr. Edwards: So this is Phase II?

Mr. Hall: The entire site is owned by D & D Enterprises, with two different projects.

Mr. Zimmerman: Motion to grant site plan approval for the rental section

Mr. Dickinson: Second

Mr. Patricke: What’s happening with storm water out front?

Mr. Hall: We’re cleaning out the storm drain. That was most of the problem. The paved area is contributing to the problem, and drainage will improve when the pavement is removed.

Roll Call:

Mr. Zimmerman-Yes Mr. Edwards- Yes

Mr. Dickinson -Yes Chairman Jensen- Yes

Chairman Jensen: Motion carried. Motion for chairman and one other member for signature?

Mr. Zimmerman: Motion that the chairman and one other member sign the mylars.

Mr. Dickinson: Second

Chairman Jensen: All in favor for signature?

Motion carries unanimously.

III. Action Equipment and Supply

Chairman Jensen: Please briefly describe your project.

Tom Hutchins of Hutchins Engineering. Proposed equipment rental and storage facility of generally new construction equipment 42’ x 42’ office/retail space fronting Route 9, then a post building service area, behind that a graveled outdoor storage area. Plans show a well, though they are hoping for public water, it may not make it in their time frame.

There are 20 parking spaces in the front, 20 on the side, and asphalt until just behind the post building, where there is gravel.

Chairman Jensen: Remember the ground rules for a Public Hearing. Please introduce yourself, any questions or comments? None. Board?

Mr. Patricke: Any storm water questions? Did you hear from Tim Burley?

Mr. Hutchins: I did not hear from Tim Burley until Friday. On Saturday he asked for the plans, I sent them and I have not heard from him, but I do not think there is anything we can’t overcome.

Mr. Patricke: The Building Dept. didn’t know he had been referred to Tim, so the contact didn’t happen until this week. The County won’t move on it this week.

Mr. Hutchins: The County didn’t get it last month?

Chairman Jensen: No, we met after they did last month.

Mr. Patricke: You won’t be able to go straight to the County any more. This Board has to instruct me to send it after the second meeting. By a fluke you can get it in this week.

Mr. Hutchins: Does the County have it now?

Mr. Patricke: Yes.

Mr. Patricke: Yes, we will have it back for our Town Planning Board meeting.

Chairman Jensen: We can’t approve anything tonight because we haven’t been able to get a response from the County. We do not have a supermajority tonight to bypass the County approval. We can do the SEQR review in order to move the process along. They have submitted an EAF. I believe that you must acknowledge the process of reviewing the EAF.

Mr. Zimmerman: Motion to make a negative declaration.

Mr. Edwards: Second.

Roll Call:

Mr. Zimmerman-Yes Mr. Edwards- Yes

Mr. Dickinson -Yes Chairman Jensen- Yes

Chairman Jensen: Motion carried. Unfortunately, we can’t approve further without response from the County.

Mr. Hutchins: Is there any means by which we can begin site clearing, without any infrastructure construction without final approval?

Chairman Jensen: Like what?

Mr. Hutchins: We would begin clearing and grading.

Chairman Jensen: I think if you are not attempting to construct anything or destroy anything big, the code enforcement officer might not be concerned.

Mr. Patricke: You are not allowed to do any excavation without a permit. You can not take out more than 1000 yards of sand without a mining permit.

Mr. Hutchins: We just want to do some clearing?

Mr. Patricke: Under those conditions you can do that. You can clear it, but don’t take more than 1000 yards of sand off the site.

Chairman Jensen: See you next month. Item No. 6 Garcia Subdivision was withdrawn. There is one other item. I would like to remind everyone that tomorrow is the school vote.

Mr. Dickinson: Motion to adjourn

Mr. Edwards: Second

Motion carried, meeting adjourned at 8:12 p.m. Next meeting, June 19, 2006.

Respectfully submitted,

Tricia Andrews

Recording Secretary

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