Planning Board members in attendance were Chairman Peter Jensen, James Edwards, Ronald Zimmerman, Tom Field, and John Arnold.

Members absent:  Gary Dickinson.

Others present:  Joseph Patricke, Building Inspector and Martin Auffredou, Attorney for the Town.

The meeting was called to order by Chairman Jensen at 7 p.m.  The minutes of the September 17, 2007 were tabled until they can be reviewed. 

The minutes of the August 30, 2007 special meeting were approved.

I.  Rourke Subdivision - Project Update

William J. Rourke:  We dropped lot #11.  Lot #7 is 14.4 acres.  Lot 7 owns the driveway to the road.

Mr. Patricke:  Not onto 32.

Mr. Rourke:  Lot #8 will exit to 32 and will have a maintenance agreement. 

Mr. Rourke:  There will be an easement for access. 

Chairmen Jensen:  We will reopen public hearing. 

Mr. Arnold:  Second that.

Chairman Jensen:  The public hearing is now reopened. 

Darrell Finlayson:  Why to 32?

Mr. Rourke:  Because of shared driveway.

Mr. Finlayson:  It is very dangerous exiting on 32.

Mrs. Farnsworth:  There will be more accidents.

Pat Killian:  What about the 14 acres you're talking about?

Mr. Rourke:  It is jut another lot for sale, 14.4 acres.

Todd Kusnierz:  What is the total number of shared driveways?

Mr. Rourke:  One, we dropped a lot. 

Mr. Edwards:  10 and 7 shared, what about 3 and 4?

Mr. Rourke:  They will have double-width driveways. 

Mr. Edwards:  Isn’t that odd?

Mr. Rourke:  Doc wanted his driveway left alone. 

Mr. Kusnierz:  How does the Planning Board view shared driveways?  Do they prefer single driveways?

Chairman Jensen:  During deliberations we have to see what site conditions dictate.

Mr. Kusnierz:  I understand that, but what is the preference?  I would like the individual board member's opinions.

Mr. Patricke:  There is no cut and dry way.

Mrs. Farnsworth:  Have any planning members been to see the property?

Mr. Edwards:  I have been down the road.

Mr. Rourke:  There is no crowding; there are 9 lots on 72 acres of land.

Mr. Kusnierz:  Do any lots require an engineer?

Mr. Rourke:  Most will, they will be submitted to the town board for approval.

Mr. Patricke:  Every lot will have an engineered system. 

Mr. Kusnierz:  Do lots include proposed location for septic?

Mr. Rourke:  Yes. 

Attorney Auffredou:  Regarding the shared driveway of lots 7 and 10, the Planning Board looked at having me review and approve a maintenance deed and easement.  Any approval should include there be a representation that lot 7 is not a town road. 

Mr. Fields:  Since there is only one shared driveway, HOA is not required. 

Mr. Kusnierz:  Request because of shared driveway the Planning Board should not move forward, they should have an HOA to clear up problems.

Mr. Rourke:  My attorney contacted the Attorney General and no common land, so doesn't need HOA.

Mr. Kusnierz:  My understanding was that if there were 3 shared driveways, then HOA was required.

Mr. Rourke:  I don't know.

Attorney Auffredou:  Not necessarily. 

Mr. Zimmerman:  Do we have any notes from the emergency services department?

Mr. Patricke:  The fire company looked at it and it seemed fine. 

Mr. Edwards:  Does the Town approve driveways?

Mr. Patricke:  No.  If on the plan, yes. 

Chairman Jensen:  A1 and A2. (Environmental Assessment Form, went over questions)

Mr. Fields:  Sand over clay.

Mr. Patricke:  Yes.

Chairman Jensen:  A3 and A4.

Mr. Zimmerman:  Leave 3 as is.

Mr. Arnold:  How deep is clay?

Mr. Patricke:  We didn't dig through clay, 8-13". 

Mr. Fields:  We know soil types are a problem.

Mr. Patricke:  #10 and #11, no endangered species.

Chairman Jensen:  A15-20

Mr. Field:  It is in an AG district.  Change #18 to yes.

Mr. Zimmerman:  Change 20.

Chairman Jensen:  B2 and B3.

Mr. Zimmerman:  Question topsoil.

Chairman Jensen:  B4-10, B11-15.

Mr. Zimmerman:  15 is no?

Mr. Rourke:  Correct.

Mr. Patricke:  We had meeting with flood plain and asked them to do this.  I don't know the day, sometime in 2008.

Chairman Jensen:  B15-24.

Mr. Zimmerman:  Test wells?

Mr. Rourke:  None.

Mr. Edwards:  There is gas?

Mr. Rourke:  The gas main goes down 32, can't tap into it.

Mr. Patricke:  Delete gas from 21 and 11.

Attorney Auffredou:  Each septic system requires individual engineer.

Chairman Jensen:  C1-C5.

Mr. Fields:  Slopes? 

Chairman Jensen:  Bill did.  Does anyone know of any other environmental concerns we have not identified? 

Chairman Jensen:  No.  Public hearing closed at 8:34 p.m. 

Mr. Edwards:  Density equation.  Make sure density is correct and up-to-date.

Mr. Rourke:  There are total wet lands and slopes.

Mr. Edwards:  This impacts SEQR.

Mr. Field:  Definitive measure of wetland?

Mr. Edwards:  14.3.

Mr. Field:  Was the amount decreased from slope?  I'm not sure 15% is the slope we need to reduce.

Mr. Rourke:  We had to reduce the number once.

Mr. Field:  Slopes are 25%, section 124-22.

Mr. Patricke:  We're safe. 

Attorney Auffredou:  We need to go through part 2. 

Chairman Jensen:  #2.

Mr. Zimmerman:  Construction small to moderate.

Chairman Jensen:  Non-protected.

Mr. Field:  No.

Chairman Jensen:  5 yes or no.

Mr. Edwards:  No.

Chairman Jensen:  Flood way.

Mr. Field:  No.

Chairman Jensen:  Air quality.

Mr. Arnold:  No.

Chairman Jensen:  Endangered species, response already no.  Non-threatened species.

Mr. Field:  No.

Chairman Jensen:  Land resources.

Mr. Arnold:  Small to moderate.

Chairman Jensen:  Aesthetic resources.

Mr. Field:  No.

Mr. Edwards:  No.

Chairman Jensen:  Historic.

Mr. Arnold:  No.

Mr. Field:  No.

Chairman Jensen:  Impact characteristics.  No.

Chairman Jensen:  Impact on transportation.

Mr. Edwards:  No.

Chairman Jensen:  #16.

Mr. Edwards:  No. 

Chairman Jensen:  Noise order.

Mr. Edwards:  No. 

Chairman Jensen:  Existing community.

Mr. Arnold:  Small to moderate.

Chairman Jensen:  Environmental impacts.

Mr. Edwards:  No.

Mr. Field:  Can impacts be mitigated?

Attorney Auffredou:  I don't think they need to be.

Mr. Field:  Negative declaration.

Mr. Edwards:  Second.

Chairman Jensen:  Motion made and seconded, negative declaration.

Mr. Field:  Open question as to driveway layout for lot 8.

Mr. Edwards:  There's a bigger issue, more than 1/2 of lot is wetlands. 

Mr. Field:  Is it buildable?

Mr. Edwards:  I wouldn't want my lot there.

Mr. Rourke:  Lot 9 is 6 acres.

Mr. Field:  I think Bill will bring another preliminary report.

Mr. Edwards:  You're forcing something that doesn't belong there. 

Mr. Rourke:  We have an acre to play with.  We will put in the statements, can we have preliminary approval?

Chairman Jensen:  Motion for request.

Mr. Zimmerman:  Need sketch of lots 7, 8, 9 for turn around for fire department, road capacity, etc.

Mr. Edwards:  Need to verify wetland acreage.

Attorney Auffredou:  Preliminary approval has a 45-day clock. 

Mr. Zimmerman:  I agree.  You're assuming responsibility for driveways, we want in writing.

Attorney Auffredou:  You're willing to do that?

Mr. Rourke:  I am going to install the driveways.

Mr. Zimmerman:  What about maintenance agreement?

Mr. Rourke:  Deed wise?

Attorney Auffredou:  Yes, defer to counsel.  At next meeting will discuss maintenance agreement more. 

Chairman Jensen:  We do not entertain motion for preliminary approval.

Mr. Rourke:  You're asking for notes, it's kind of late.

Mr. Edwards:  They're still pertinent.  I want to make sure everything is right. 

Mr. Rourke:  I thought I could get preliminary approval tonight.

Chairman Jensen:  Seeing how counsel rightfully reminded us of the 45 days.  If the Planning Board were to grant this preliminary approval subject to concerns and it couldn't be met, would you be opposed to extending the 45-day period?

Mr. Rourke:  No.

Chairman Jensen:  If not done in 45 days or if not prepared, Planning Board can exceed 45 days for final approval.

Mr. Rourke:  Yes.

Chairman Jensen:  For the record?

Mr. Rourke:  Yes.

Attorney Auffredou:  Including moving lot lines?

Mr. Rourke:  Yes. 

Mr. Arnold:  Will include maintenance agreement and deed?

Chairman Jensen:  Under those conditions.

Mr. Rourke:  Verify wet lands, change lot lines between 8 and 9 at least 75 feet, turn around in area over stream, could have two turn arounds at 8 and 9 and 7 and 9, and have guide rails up and maintenance agreement for lots 7 and 10 and 8 and 9 and something on deed.

Attorney Auffredou:  7 and 10 talks about shared driveway, not town road and will never be town road and you agree to put this in the deed.

Chairman Jensen:  Motion?

Mr. Field:  I move we grant conditional preliminary approval upon receiving and reviewing all of the items discussed with the 45-day extension period being extended until review is complete.

Attorney Auffredou:  With the understanding and consent of the applicant.

Chairman Jensen:  Second.

Mr. Arnold:  Second.

Chairman Jensen:  Discussion?  Please poll the Board.

Mr. Edwards - Yes                             Mr. Zimmerman - Yes                         Mr. Arnold - Yes

Mr. Field - Yes                                  Chairman Jensen - Yes

Chairman Jensen:  Motion carried.

II. Bonzinski - Adult Day Care - Site Plan Review

Chairman Jensen:  EAF was not completed; public hearing is not closed, correct?

Mr. Edwards:  Correct.

Chairman Jensen:  Public hearing reopened.

Mr. Edwards:  Yes.

Mr. Field:  Second.

Chairman Jensen:  Motion carries. 

Chairman Jensen:  Are there any questions for Mr. Bonzinski?  On the environmental assessment form 2 items were opened.  We have received these and a no from jurisdictional authorities.  Anything further?

Mr. Field:  Are you clearing any additional land?

Mr. Bonzinski:  No.

Mr. Edwards:  No swamp or woods?

Mr. Bonzinski:  No.

Chairman Jensen:  Anything further?  Public hearing is closed.  File notice. 

Mr. Field:  Negative declaration for environmental assessment.

Mr. Zimmerman:  Second.

Chairman Jensen:  Motion carries.  Motion to approve or disapprove subject to Zoning Board?

Mr. Arnold:  Yes.

Mr. Field:  Second

Chairman Jensen:  Motion carries.

III. Pinewood Estates Subdivision - Site Plan Review

Mike O'Connor:  Approved 45 lot subdivision conditioned on getting town water.  In the process of water approval with the Town Board.  They will give us water.  Public hearing set for 10/23/2007.  Town would like single family senior housing.  We changed lots and agreed we will dedicate to senior housing, approximately 1200 square foot ranches on 22 lots.  Will have an HOA.  Will have 2 levels of assessments.  Your town engineer has been involved.  80 lots may need special zoning.  Town Board supports this to create senior zoning would take along time.  We will ask for variances.  I'm giving an overview; 22 seniors and 33 standards.  I will go to ZBA.  Can I get a consensus from the Board what their feeling is?

Mr. Field:  You're asking us t do PUD without going through PUD process.

Mr. O'Connor:  Going for an area variance would be easier. 

Mr. Field:  You're asking for higher density in our formula.

Attorney Auffredou:  The Town Board is looking for a senior living facility.  This map plan hasn't been discussed with the Town Board.  They have a meeting scheduled for 10/23/2007.  The cleaner way is through the zone change with Town Board on density.  I thought the Town Board should be reviewing density change.  He has the right to apply to the ZBA.  I think it's premature to ask for a recommendation from the Planning Board.

Mr. O'Connor:  The Town Board hasn't conditioned the extension, but they like it.

Attorney Auffredou:  The town hired a hydro geologist to review the neighborhood.

Mr. Edwards:  Has Cerrone built affordable senior housing in the past? 

Mr. Cerrone:  No. 

Mr. Zimmerman:  Do you have deed restrictions?

Mr. O'Connor:  One party has to be 55 years or older.  Can I get a consensus?  If I have rezoned or variance?

Mr. Field:  I would be more pleased if the Town Board was coming to us to make changes in the zone. 

Mr. O'Connor:  I understand what you're saying. 

Attorney Auffredou:  The Town Board said they would investigate density since Cerrone would dedicate senior housing.

Chairman Jensen:  Would Zoning do SEQR?

Attorney Auffredou:  I would have to give that some thought.  Need to look at variances requested. 

Chairman Jensen:  Your question answers no formal vote.  If you'd like we can poll the board about the site.

Mr. O'Connor:  Yes.

Mr. Edwards:  No.  Think about making it a community with a cul-de-sac.  Town Board correspondence would be nice. 

Mr. Zimmerman:  Similarly.

Mr. Arnold:  I concur.

Mr. Field:  I would be happy to entertain this thought.  I would like to see some direction from the Town Board.

Chairman Jensen:  I am not adamantly opposed. 

IV. Omnipoint Communications - Special Use Permit

Jay Suriano (T mobile):  Would like to install an antenna off the existing fence of the water tower.

Chairman Jensen:  I am aware there are concerns with the water tank.  Are they structural in nature?

Attorney Auffredou:  Perhaps.  Ultimately it's going to be fine.  If you're being asked to render approval, no.  Town Board authorized Omnipoint to go forward with land use approval. 

Chairman Jensen:  I do not believe the tow has taken possession of the tower.

Attorney Auffredou:  The tank is not complete.  Experts are working on the problem.  We believe within the next month or so it will be fine. 

Chairman Jensen:  The town cannot enter into a lease until they own. 

Attorney Auffredou:  The lease agreement addresses this.

Chairman Jensen:  We can place you on the agenda for next month.

Mr. Suriano:  Yes.

Chairman Jensen:  Any questions?  We will place on scheduled for November.  Motion for public hearing for Omnipoint.

Mr. Zimmerman:  Yes.

Mr. Field:  Second.

V. Caccavo Subdivision - Sketch Plan Review

Mr. Bill Rourke:  Speaking on behalf of Caccavo.  Is the proposed road possible?

Mr. Field:  The road and 2 lots will work. 

Mr. Patricke:  Would that be a town road?

Mr. Rourke:  Eventually.

Mr. Patricke:  This is R3?

Mr. Field:  Yes.  Special treatment along certain highways.  I can work with 2 lots and road.

Mr. Rourke:  It would be an easement.

Mr. Field:  Temporary easement pending completion of phase 2.

Mr. Patricke:  Phase 2 would have cul-de-sac.

Motion to adjourn was made at 11 p.m. by Chairman Jensen and seconded by Mr. Field.  The motion was approved unanimously.  The next meeting is scheduled for November 19, 2007.

Respectfully submitted,

Missy Norton

Recording Secretary

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