Town of New Scotland Planning Board Minutes May 5, 2015 Charles Voss, Chairman Planning Board Members: Robert Stapf, Jo Ann Davies, Laura Ten Eyck, Thomas Hart Justin Perry (Alternate) Lori Saba, Planning Board Secretary, Jeremy Cramer, Building Inspector, Jeffrey Baker, Planning Board Attorney, Dave Hansen, Town Engineer (Stantec Engineering) PLEASE NOTE: All developers, consultants and members of the public wishing to address the Board during the meeting must sign in on the Sign In Sheet located on the back table. Public hearings: 7:00 pm 1) Site Plan Application # 100: Application submitted by Dan Hershberg for a site plan review to allow for the construction of an accessory structure to replace the current maintenance building for Colonie Country Club. The site is owned by Country Club Partners LLC, contains approximately 198.7+/- acres, and is located within the RA Zone. The property is located at 141 Maple Road and is identified as New Scotland tax parcel id # 73.-4-27.1. This application is made pursuant to Article V, Section 190-52 of the Zoning Law of the Town Of New Scotland. Mr. Voss opened the meeting to the public. Ms. Pat Snyder, Voorheesville, was there a rendering of some of the architectural improvements chosen, that was discussed at the last meeting? Mr. Voss: they are aware of the concerns of the Board, but they do not have a builder as of yet to address these concerns. It will be put in as a condition upon approval of the application. Ms. Davies moved to close the public hearing, and Mr. Stapf seconded the motion; all in favor; motion so carried. Albany County recommendations were to modify local approval to include: Review by Albany County Department of Health for waste water discharge. Notice of Intent filed with NYS DEC affirming that a storm water pollution plan has been prepared and is being implemented or submission of a storm water pollution plan that is consistent with the requirements included in the State Environmental Conservation Speedies permit for storm water discharge 1001, it should be 1501. Review of NYS DOT for design and highway access drainage and assessment of roads capacity. That has already been done. Applicant should ensure the storage of fertilizer and other chemicals associated with the maintenance of the golf course are properly contained and will not pose a threat to groundwater contamination. This would apply to equipment wash basin areas as well. The location of the above ground fuel tank is in close proximity to the chemical storage area that should be considered for safety reasons. The fuel tank should have proper reservoir containment in case of spills. The town should have the local fire department review the project for any comments that they may have to access to the chemical storage area. All chemicals stored on the site should be known by the local fire department.
Mr. Voss made a motion to approve the site plan with the following conditions: The applicant maintains all landscaping to include replacement of any dead vegetation after a year. The color of the building will be a two tone as per our discussions; the applicant will pick her tone colors. Storm water easement will be placed on the final site plan showing access to the storm water management areas. Storm water management areas will be maintained by the applicant, not the Town. The easements are to be reviewed by Jeff Baker, and approved by Mr. Baker. Mr. Hansen will make sure they have proper O&M manual on file. Flowers to be placed around storage tank. On the northern exposure, minimum of four architectural treatments whether they be real windows or faux windows just to break on the facade a little bit. North side is the narrow side facing Route 85. Ms. Davies seconded the motion; all in favor; motion so carried. 2) Subdivision Application # 355: Preliminary and final plat for Kensington Woods, a cluster subdivision submitted by Lansing Engineering on behalf of Garrison Projects, LLC. The site contains 187+/- acres of land and is comprised of 4 individual parcels which are identified by New Scotland Tax Id numbers 73.-1-9.11, 73.-1-9.12, 73.-1-9.2 and 73.-3-1.1. Approximately 100+/- acres lie on the west side of Hilton Road and the remainder is situated on the east side of Hilton Road. The application is presented as a 169 residential unit "cluster" development with proposed lots sizes ranging from 15,000 to 40,000 square feet. This application is submitted pursuant to Article III, Section 164-17 of the subdivision law and as referenced in Article III, Section 190-22 and Article VI of the zoning law. Albany County recommendations: Modify local approval to include review by Albany County DOH for water supply, waste water discharge and other required permits. Any wetland disturbance will require notification to review by the US Army Corps of Engineers for permits under Section 404 of the Clean Water Act. The final plat should show and include a note that residential lots that border the rail trail have a 20-foot no disturbance vegetated buffer. The HOA regulation should also note this fact. The SWIPP should be sent to Albany County DOPW Engineering division, Storm Water Program Technician in order to assess possible impacts to Albany County Rail Trail. Albany County DPW Engineering has concerns about the grading limit lines shown on the plan that is adjacent to property with the Rail Trail. Prior to the grading permit approval from the Town. The Storm Water Program Technician in Albany County DPW engineering office should be consulted to review the plans for grading adjacent to the Rail Trail if those areas are not included in the SWIPP. The developer and contractor should be aware of the importance of the function of the drainage system along the embankment of the Rail Trail. This drainage system should not be impact by grade changes within the proposed development. The Storm Water Program Technician in the Albany County DPW engineering office should be added to the list of personnel in the pre-construction meeting that was 2
condition #22 in the Town approval of December 15, 2009. The purpose would be to only to access possible impacts to the Rail Trail given what is shown in the current grading plan sheets. Any access to the Rail Trail will require a permit from Albany County DPW. A notice of intent to be filed with NYS Environmental Conservation affirming that the Storm Water Pollution Plan has been prepared as being implemented or submission of a Storm Water Pollution Plan that is consistent with the requirements included in NYS DEC SPDES general permit for Storm Water discharge GP1502 for construction activities that disturb more than one acre of land. The subdivision plat should include a note that the property being subdivided is located within 500-feet of a farm operation in Albany County Agricultural District as per Albany County Right to Farm Law 2007. Submission of an agricultural data statement to the Town that is required by Town Law for site plan, special use permit variance, subdivision approval of site of within 500-feet of a farm ag operation located within the ag district. Notification to local fire departments. Mr. Voss opened up the meeting to the public. No name, what did the Town do about traffic considerations? Mr. Voss explained that the project had a full Environmental Assessment done on it.; with a traffic report and an analysis. Ms. Davies moved to close the public hearing and Ms. Ten Eyck seconded the motion; all in favor; motion so carried. Mr. Voss moved to approve the preliminary and final subdivision approval with the following conditions: The findings from 2009 and the 2009 decision. A couple of exceptions which I will lay out. We are just reiterating the conditions that were approved last time. Name change we made which was a condition on #19 on the original approval. We talked about funding, mitigation, elements on Hilton Road, which was previously proposed a mitigation fee of $110,000 payable in increments of $25,000 prior to the 25 th of the CFO and another $25,000 on the 50 th CFO and $25,000 prior to the 75 th CFO and the balance of $35,000 at the 100 th CFO. Because of the time that has lapsed in the need to the Hilton Road improvements we suggest that the applicant and has agreed to accelerate those payments. It is still going to $110,000 but the first $25,000 will be due on the issuance of the 5 th building permit. It will come quicker, because they have four building permits that are allowed for model homes. The requirement that the developer comply with the development agreement dated December 17, 2014 and all buildings and improvements for the project shall comply with the New Scotland Lighting Law, which was adopted in 2012. Vegetated b erm to be ma intained by each property owner, which will be recorded on their deed, or the HOA. All these conditions will be shown on the subdivision plat. Ms. Davies seconded the motion; all in favor; motion so carried. Mr. Voss moved to override the Albany County condition the twenty-foot buffer. Mr. Stapf seconded the motion; all in favor; Mr. Hart abstained from voting; motion so carried. 3
3) Site Plan Application # 107: Application submitted by DJK Holdings LLC to allow the use of a parcel for agricultural uses to allow for a nursery and for the construction of a 24 x 24 pole barn for sales associated with the requested use for the parcel. The site contains approximately 15.6+/- acres, and is located within the RH Zone. The property is located at 1120 Delaware Turnpike and is identified as New Scotland tax parcel id # 95.-3-42. This application is made pursuant to Article V, Section 190-52 of the Zoning Law for the Town Of New Scotland. Mr. Hansen reviewed the SWIPF and there needs to be some clarification between the limits of disturbance as its shown in the erosion and sentiment control versus the overall operations, maybe some clarity on what is going to happen in the bulk stores, the firewood, the bulk things that kind of stuff, even though it s just gravel, it is still going to be considered impervious. I would suggest that reevaluate your overall plan with your engineer and the full scope of that disturbance. Mr. Voss opened up the meeting to the public. Ms. Caffery, 1138 Delaware Turnpike, I am right next door, is opposed to this application. Mr. Caffery, 1138 Delaware Turnpike, also opposes this application, concerned with his well water.. Mr. Lynch, 18 Waldenmaier Road, this applicant has always been compliant with what he is supposed to do. He is in favor of supporting this application. Mr. Hughes, 1105 Delaware Turnpike, in favor of supporting this application. Mr. Voss moved to keep the public hearing open until the next meeting. The Board would like the applicant to address the following at the next meeting: Asked the applicant to have his engineer talk to Mr. Hansen regarding the storm water issue. Have that information two weeks prior to our next meeting. We need details on the site plan so that Mr. Cramer can review the plan and enforce anything that may come up in the future. Description of the business, also what volumes of delivery you plan on getting, truck traffic. What time of day will you be getting these deliveries, so we can look at the truck traffic. Water usage for the plan. What the buffer might be with the trees you are planning on planting on the property. Hours of operation and the impact the traffic will have on the neighborhood. Lighting on the property. Screening operations please include that in your narrative. The firewood processing. Fire log trucks coming each day; how many times a day. 4
4) Preliminary Plat Subdivision Application # 407: Application submitted by Boswell Engineering f or a sixteen lot subdivision that is to be known as the "Creekside Subdivision". The parcel is owned by Bruce D. Boswell, consists of 30 +/- acres, is located within the RA district and is identified as New Scotland Tax parcel id # 84.-2-52.1. The parcel has fifty feet of frontage on Tekawitha Road. This frontage will provide the access for the new roadway into the parcel. The new road will be a 1,650+/- foot cul-de-sac road with all parcels being accessed from within the subdivision. This application is made pursuant to Article III, Section 164-18 of the subdivision law. Mr. Voss opened up the floor for comments: Mr. Eoin Connolly, 396 New Scotland South Road, on the corner of Miller and New Scotland Road, I have 308 on one side and Miller on the other. I am anxious about this development. As you know water is an issue for this area. Is there a plan how it will impact the broader and not just this project? Ms. Snyder, would like some clarification on some technical things, regarding new sewer lines connecting the old neighborhood with the new neighborhood. There was discussion about 8 inch sewer lines going into 4 inch sewer lines, or some variation on that. Has that been resolved? Mr. Boswell, we have worked this out with Stantec. Mr. Voss asked the applicant to get SHIPPO done and then next month we can take action on SEQRA and we will do a public hearing. New Business: 1) Special Use Permit Application # 569 : Application submitted by Christopher Dowd and Patricia Putman for a Special Use Permit to allow for a parcel owned by them to be used for "Farming activity, personal". The parcel is located within the RA district at 2532 New Scotland Road, contains 1.2+/- acres, and is identified as New Scotland tax parcel 83.-1-18. This application is a Special Use of Article II, Section 190-12 (D)(5) of the Town of New Scotland Zoning Law. Mr. Dowd explained he would like to have some chickens on his property. Mr. Voss moved to schedule them to come back for a public hearing on June 2, 2015. 2) Site Plan Application # 108: Application submitted by Helderberg Workshop to request a site plan approval fo r a new acc essory structure to be located on the parcel. The site contains approximately 237 +/- acres, and is loca ted within the RA Zone. The property is l ocated at 353 Picard Road and is identified as New S cotland tax parcel id # 71.-1-34.10. This application is made pursuant to Article V, Section 190-52 of the Zoning Law for the Town Of New Scotland. Mr. Stapf made motion to waive the public hearing, and Ms. Davies seconded the motion; all in favor; motion so carried. 5
Mr. Voss moved to approve site plan application #108 as proposed and Mr. Hart seconded the motion; all in favor; motion so carried. 3) Referral: Variance Application # 496: Application Submitted by Keith and Colleen Ryan Requesting relief from Article II, Section 190-13 (B) of the Town of New Scotland s Zoning Law to allow for an addition to be constructed within the side setback on a parcel. The parcel is located within the MDR district at 9 Westover Road. The parcel is owned by the applicant and is identified as New Scotland Tax parcel id # 84.11-1-12. The RA district has a side setback of 25 feet. This request is for 8 feet of relief to allow for structure to be located 17 feet from the property line. Mr. Voss moved to give a positive recommendation to the ZBA, and Mr. Stapf seconded the motion; all in favor; motion so carried. 4) Special Use Permit Application # 570: Application submitted by Pastor Mae Boyer requesting a special use permit to allow for a parcel owned by James Jeffers to be used as a church. The parcel is located within the Com. district at 1903 New Scotland Road, contains 8.6 +/-acres, and is identified as New Scotland tax parcel 73.-4-13. This application is a Special Use of Article II, Section 190-17 (E)(6) of the Town of New Scotland Zoning Law. Mr. Voss tabled this application until next month. Applicant did not show for the meeting. 5) Special Use Permit Application # 571: Application submitted by Enlighten Power solutions requesting a special use permit to allow for a 2 KW solar array to be constructed on a parcel of land owned by the Town of New Scotland. The parcel is located within the RA district on Winnie Lane, contains approximately 10.8+/- acres, and is identified as New Scotland tax parcel 106.-4-16.3. This application is a Special Use of Article II, Section 190-12(D)(4) of the Town of New Scotland Zoning Law. Mr. Voss moved to do a coordinated review for lead agency status; the Planning Board would be lead agency for application #571. Mrs. Davies seconded the motion; all in favor; motion so carried. Mr. Voss moved to schedule a public hearing for June 2, 2015; Mr. Hart seconded the motion; all in favor; motion so carried. 6) Dunston s Junk Yard permit and Albany Speed Shop permit renewal. Mr. Voss moved to approve Dunston s Junk Yard permit and Albany Speed Shop permit renewal, and Ms. Davies seconded the motion; all in favor; motion so carried. Old Business/Discussion items: 1) Discussion/Action Minutes for April 7, 2015: Mr. Voss approved the April 7, 2015 min utes with modifications and Mr. Hart seconded the motion; Mr. Stapf abstained, all others in favor; motion so carried. 2) Minor Subdivisions for the month of April 2015 6
Anything else that may come before the board -Open Discussion (2-minute limit per person) Adjournment: Mr. Voss moved to adjourn and M r. Hart seconded the motion; all in favor; motion so carried. Respectfully submitted, Lori Saba 7