2 Douglas Street Wynantskill, New York 12198 MEETING MINUTES I Pledge of Allegiance Roll Call / Introductions Attendance: John Hanlon, Mary Jude Foley, William Madsen, Anthony Germano, Fred Ashworth, Brian Dwyer, Leanne Hanlon (Secretary), Thomas Murley (Town Engineer), Matthew Hug (Legal Counsel). Mark Lacivita (absent). III Public Hearings: 6:30 PM Application of McDonald s Restaurant for replacement of an existing fast food drive-thru restaurant at 66 Main Avenue (Tax Map No. 124.05 1 27) in a General Business (BG) zoning district Chris Boyea, Bohler Engineering and Francis Ensien of McDonald s Boston office presented the application and stated that the proposed edge of the pavement is 20 feet out further toward the road to allow for more green space. There is also a new lighting plan that they provided to the Board. Mr. Boyea pointed out that the median sign will be clearer for the new building. They also will match and not exceed the signs there today. The sketch plan was provided and reviewed by the Board. Ms. Foley asked if they received their variances. No per Mr. Boyea because they will appear before the ZBA on Wednesday. Mr. Dwyer asked how long the renovation will take and Mr. Boyea stated 90 to 100 days and hopefully opened by October 2009. Mr. Ashworth asked if they considered a design such as the one in Glenville. Mr. Boyea stated that the design does not fit in this town as it does in Glenville. Another design would be more narrow and they would have to go back further and they cannot do that per Mr. Boyea. Ms. Foley asked about the trash enclosure and if it would match and Mr. Boyea stated it can and will match the building.
Page 2 of 11 Mr. Dwyer asked if the sidewalks, landscaping and parking lot would be redone and Mr. Boyea stated all that would be re-done. They are asking for 24 hours operating only for the drive-thru portion of the new building. Mr. Dwyer asked again about security cameras and Mr. Boyea stated that they could be added during construction. It is noted that the applicant is anxious to start the construction process. Public Hearing Opened: Anyone wishing to speak for or against. No one wishing to speak. 6:40 PM - Application of Treo Solutions for modifications to an existing site plan for a construction of additional office space at 125 De Freest Drive in a General Business (BG) zoning district: Paul Lund, Mike Wacholder, Joe Mahoda, Conrad Bernard were present to speak regarding the application. Plans were presented to the Board by the applicant. The applicant is proposing two additional new buildings which will be protected by an enclosed ramp way which will also make the buildings handicap accessible. They are also going to increase the parking lot size that is currently in place. There is also a plan for a storm water management area. Mr. Lund distributed an upgraded description of the retaining wall plan to the Board. Mr. Madsen asked about snow removal because a retaining wall and fence is now preventing that. Mr. Lund showed the Board where the snow would be stored. Mr. Madsen also asked about the underground cable that is shown on the map and that will either be put in conduit or moved per Mr. Lund. Ms. Foley expressed her concern about the 102 parking spaces proposed but the company is planning on 100 employees. Mr. Lund stated that they are already exceeding the code and 100 employees will not be at the facility at the same time and the company will not be at a 100 employee level for a while. Mr. Wacholder stated that they can get more space from the park for parking if needed behind the retaining wall but Mr. Wacholder feels that they will not need it. Treo Solutions also spoke with the DeFreestville Fire Chief. Mr. Germano has a letter from the fire chief that he read.
Page 3 of 11 Mr. Hanlon asked if the buildings will be separated with fire doors but Mr. Lund stated they do not need to be. Mr. Wacholder said that there are beautiful trees they do not want to remove f they don t have to. Ms. Foley asked about what the garbage area will be contained in. It will be enclosed and match the building per Mr. Lund. Public Hearing Opened: Anyone wishing to speak for or against. No one wishing to speak. 7:00 PM - Application of June Wilcke for a 2-lot Minor Subdivision of land (80.29 acres) at 281 Mammoth Springs Road (Tax Map No. 145.00 10 17.11) in a Agriculture Rural (AG/RU) Zoning District: Mr. Jim Wilcke reviewed the application with the Board. This does not require any Zoning Board action per Mr. Germano. Public Hearing Opened: Anyone wishing to speak for or against. None. An affidavit that was previously requested was given to Mr. Hug regarding the Power of attorney that Mr. Wilcke has for June Wilcke. 7:20 PM - Application of Judith Massey for a 2-lot Minor Subdivision of land (54 acres) at 32 Buckbee Road (Tax Map No. 123.00-5-5.1) in a Residence Single Family (RS) Zoning District: Mr. Josh Vaseglo spoke on behalf of the applicant. He distributed the land survey completed to the Board. The property is 2/3 of an acre the applicant would like to subdivide it. The garage on the site will remain. Public Hearing opened. Anyone wishing to speak. No one wishing to speak. 7:30 PM - Application of The Nigro Group for property located at Best Road and NYS Route 43 (Tax Map No. 145.00 7 1.111) for a 144-unit Senior Citizen
Page 4 of 11 Apartment Complex and a Community Center in a proposed Senior Citizen Housing (SC) Zoning District Mike Tucker spoke on behalf of the application. The plan is for 144 senior apartments in three -three story buildings. There will also be a pool and meeting rooms. There is a second entrance/exit for emergency response. There are concerns from the Fire Chief and they are addressing those per Mr. Tucker. The back of the garages on the right side of the site will be built into the wall and there will be retaining walls. It was asked by the Board if there could be a connection between all three buildings but the builder could not come up with anything that was cost effective but there will be sidewalks between the buildings per Mr. Tucker. Mr. Madsen asked if the roadway network will be one way but it will be two way with stop signs per Mr. Tucker. Mr. Madsen was concerned about driving signage and there will be ample signage. Army Corp of Engineers has not been at the site to delineate the wetlands yet per Mr. Tucker. Each building has an elevator. Mr. Dwyer asked if there will be someone on site for an emergency and there will be management staff but not 24 hours per day. Police and fire would be responding to any emergency and Mr. Tucker noted that this is not an assisted living center. Mr. Dwyer asked for data from the Latham building as to how and when emergency services need to respond and that will be provided by Mr. Tucker. Mr. Ashworth asked if there will be a fire break between the apartments and Mr. Tucker states it meets code but is not sure exactly what will be constructed. Ms. Foley asked about the Community Center pool and will it be opened 12 months a year and also would like to know if there will be guard staff at the pool. Mr. Tucker stated that there will be classes and staff there, then locked during certain hours. Mr. Foley also asked about the planting that is planned and Mr. Tucker stated arborvitaes or something of that nature will be planted. Residents will need to walk, drive or use the van to get to the community center per Mr. Tucker. Mr. Tucker also noted that the apartments have sprinkler systems.
Page 5 of 11 Mr. Dwyer asked what if this senior area is not marketed and there are empty apartments? Mr. Tucker stated they do not foresee any problem renting because most apartments of this nature have waiting lists so they feel they will fill quickly due to their analysis. IDA will be consulted for tax abatements. The Town Board passed this per Mr. Germano. Mr. Madsen stated there was a Town Board action to rezone and if the age limit changes this Board will have the opportunity to re-review because there will be significant changes needed. Mr. Germano asked that if you re driving up Route 43 how much of the buildings are we going to see? Mr. Tucker stated the further up 43 you go the buildings will become more visible but you will know they are there. Pedestrian access needs to be completed between 4 and 43per the Board but Mr. Tucker stated they have concerns about providing a sidewalk up 43 for safety reasons and the large intersection is not ideal for seniors. Mr. Hug: SEQRA: traffic impact on the area. Mr. Tucker stated 18 trips per day were determined as well as minor impact. The utilities connection will be from Rensselaer Square. There will also be a hydrant at the request of the Fire Chief. There is a pond for storm water management on site all per Mr. Tucker. Public Hearing Opened: Anyone wishing to speak for or against. Mark Ruland, 45 Western View Terrace, asked about emergency access and Mr. Tucker showed him where that will be. The gate will be locked and police and fire will have a key. He asked about construction time and where the trucks will go. Mr. Tucker stated they will go through the main entrance. Water and sewer will be from Rensselaer Square but not for Westernview Terrace, as asked by Mr. Ruland. He also asked if they are gong to blast and Mr. Tucker stated yes but they are not sure exactly where or when. Mr. Ruland also asked if Westernview Avenue is going to be widened and Mr. Tucker stated there are no plans to widen at this time. Mr. Ruland noted the emergency access overlaps his driveway. Sara Allen- 4637 Rt. 43, read a letter. She is in opposition. She lives adjacent to the block where the proposed building will be built. She also pointed out that there are other senior
Page 6 of 11 housing that has been vacant and increased traffic is a concern of hers. She also stated that emergency services will be drained because of this complex. Also the lights in the lots will be a detriment. She currently has a view of Albany but as a result of these buildings will not. Jim Reilly: spoke in favor of this application on behalf of BT Greenbush. He has not had any communication from the applicant to tie into sewer and water though. He also spoke about the planned cross walks and sidewalks that will be available that they can connect to. He provided a letter that he read. He feels Nigro Company needs to contribute to the other plans in the area that will be built there as well. Correspondence received and given to Mr. Germano see above. Chief Schwart of the De Freestville Fire Department spoke that it is important to have access with a large piece of apparatus because this is a three story building. They need to have access to all four sides of the building and the plan does not allow that at this point and he feels very strong about this for emergency access. Also important is that the Fire Department needs access to the center courtyard. Mr. Hanlon asked what the distances between the buildings are and Mr. Tucker explained. Lighting: Mr. Tucker stated that there will not be commercial lighting and it will be as minimal as possible to allow appropriate security. Mr. Tucker stated they are trying to work out some kind of entrance between the buildings for emergency services. Mr. Tucker will keep in contact with the Fire Chief. No one else wishing to speak. IV Presentations: Application of Quackenderry Commons PDD for a 4-lot Minor Subdivision of land (52.96 acres) at the intersection of NYS Route 4 and Bloomingrove Drive (across from Agway Drive) for retail use, apartments and hotel use Sketch Plan Review Brian Ragone with Environmental Design Partnership spoke on behalf of the application. He noted the property is 53 acres. The plan is for a Hotel, Pharmacy and residential parcel planned on the site. They are also in negotiations with National Grid for parcel access. Each map was reviewed. Lot one- commercial development, Lot 2 CVS Pharmacy Lot 3 is the hotel site
Page 7 of 11 Lot 4 is a residential apartment site. This application is for a minor subdivision and Mr. Ragone noted that National Grid is a key component for parcel access. Mr. Ragone also advised the Board that the proposed restaurant is gone and a Pharmacy is now proposed. Mr. Dwyer asked how long the abandoned buildings on the site will be there. Mr. Ragone stated as soon as the site plan review is approved. Mr. Dwyer was hoping to have them removed sooner than that. Mr. Ragone stated that once CVS commits, those buildings will be removed. Ms. Foley asked about how DOT commented on the right in right out. Mr. Ragone stated that they are awaiting Creighton Manning to do a traffic survey. Mr. Ragone is still meeting with DOT regarding Rt. 4 improvement and parcel access. No other questions for the applicant. Public Hearing will be scheduled. Application of Bernadette Lindeman for site plan modifications for a car lot at 356 West Sand Lake Road on Tax Map Parcel No. 135.11 1 1 in a General Business (BG) Zoning District - Sketch Plan Review Corey Frank, representing Upstate Cars spoke on behalf of the application. A map of the carport location that has already been constructed was provided. Citations were issued in March and April by the Building Department for this property. One was for a porch that is built and one is for the carport that has also built. The Zoning Board declined this application for an increase in cars and setback from the roadway noted by Mr. Hug. The Board reviewed a drawing to show the carport that has been built. Mr. Madsen stated that this is silly that this has to be before this Board. Mr. Hug reviewed the case for the Board. Mr. Germano excused Mr. Frank until the Board could sort this out and they he will be advised. V Business Meeting: Action to be considered Approval of April 6, 2009 Planning Board Meeting Minutes Mr. Madsen made a motion to approve the April 2009 minutes as submitted and seconded by Mr. Dwyer.
Page 8 of 11 Action to be considered Application of McDonald s Restaurant for replacement of an existing fast food drive-thru restaurant at 66 Main Avenue (Tax Map No. 124.05 1 27) in a General Business (BG) zoning district SEQRA Determination SEQRA Determination: Negative SEQRA determination motion made by Mr. Madsen and seconded by Ms. Foley. Action to be considered Application of McDonald s Restaurant for replacement of an existing fast food drive-thru restaurant at 66 Main Avenue (Tax Map No. 124.05 1 27) in a General Business (BG) zoning district Final Site Plan Approval Final Site plan approval: Mr. Hanlon made a motion to approve the final site plan and seconded by Mr. Madsen. Conditions: 1. ZBA approval of zoning requirements need to occur. 2. 24 hour security cameras need to be installed on the property. Mr. Hug asked about outside lighting. Mr. Boyea stated the light spillover is limited to adjacent properties. The exterior of the facility will be well lit even when the store is not open but when the drive-thru is open. Action to be considered Application of Treo Solutions for modifications to an existing site plan for a construction of additional office space at 125 De Freest Dr in a General Business (BG) zoning district SEQRA Determination SEQRA negative SEQRA determination motion made by Ms. Foley and seconded by Mr. Dwyer. Action to be considered Application of Treo Solutions for modifications to an existing site plan for a construction of additional office space at 125 DeFreest Dr in a General Business (BG) zoning district Final Site Plan Approval
Page 9 of 11 Motion to accept final site plan approval made by Mr. Madsen with conditions: 1. Relocation of existing cable under building 2. 2. Layout of excess strip for future parking 3. Fulfiling the final three items of the Fire Department letter. Motion seconded by Mr. Ashworth. Action to be considered Application of June Wilcke for a 2-lot Minor Subdivision of land (80.29 acres) at 281 Mamoth Springs Road (Tax Map No. 145.00 10 17.11) in a Agriculture Rural (AG/RU) Zoning District SEQRA Determination SEQRA determination: Mr. Dwyer made a negative SEQRA determination motion and seconded by Mr. Ashworth. Action to be considered Application of June Wilcke for a 2-lot Minor Subdivision of land (80.29 acres) at 281 Mamoth Springs Road (Tax Map No. 145.00 10 17.11) in a Agriculture Rural (AG/RU) Zoning District Final Subdivision Approval Final sub division approval: Motion made to grant final sub division approval by Ms. Foley and seconded by Mr. Madsen. Action to be considered Application of Judith Massey for a 2-lot Minor Subdivision of land (54 acres) at 32 Buckbee Road (Tax Map No. 123.00-5-5.1) in a Residence Single Family (RS) Zoning District SEQRA Determination Motion made for negative SEQRA determination by Ms. Foley and seconded by Mr. Hanlon. Action to be considered Application of Judith Massey for a 2-lot Minor Subdivision of land (54 acres) at 32 Buckbee Road (Tax Map No. 123.00-5-5.1) in a Residence Single Family (RS) Zoning District Final Subdivision Approval
Page 10 of 11 Motion made to approve minor sub division by Mr. Dwyer and seconded by Mr. Madsen. Action to be considered Site Plan Application of The Nigro Group for property located at Best Road and NYS Route 43 (Tax Map No. 145.00 7 1.111) for a 144-unit Senior Citizen Apartment Complex and a Community Center in a proposed Senior Citizen Housing (SC) Zoning District SEQRA Determination Motion made for a negative SEQRA determination by Mr. Madsen and seconded by Mr. Hanlon. Action to be considered Site Plan Application of The Nigro Group for property located at Best Road and NYS Route 43 (Tax Map No. 145.00 7 1.111) for a 144-unit Senior Citizen Apartment Complex and a Community Center in a proposed Senior Citizen Housing (SC) Zoning District Final Site Plan Approval Motion made by Mr. Madsen to approve with the following conditions: 1. Planting and DOT sidewalk approval. 2. Fire Department concerns of access to the courtyard need to be resolved. Motion seconded by Mr. Hanlon. Mr. Ashworth objects to approving because there are too many open conditions. Mr. Madsen stated they are all conditions of approval and they have to be resolved. Mr. Ashworth feels it is important to have sidewalks put in. Mr. Dwyer feels this project will have an impact on the emergency services. Mr. Hug asked if the buildings will have to be re-arranged to fit the fire apparatus between them. If the site plan is changed they will have to come before this board again. Mr. Hug did not want to leave the burden on the Fire Department.
Page 11 of 11 Chief Schwartz stated they would have to drive an apparatus through there if there is no turning radius on the property. Mr. Hanlon stated the fire chief is looking for a way in and a way out and not necessarily a turning radius. Mr. Dwyer and Mr. Ashworth are not in favor. Motion carried 4-2. Action to be considered - Application of Quackenderry Commons PDD for a 4-lot Minor Subdivision of land (52.96 acres) at the intersection of NYS Route 4 and Bloomingrove Drive (across from Agway Drive) for retail use, apartments use and hotel use Sketch Plan Acceptance and set date for Public Hearing for June 1, 2009 at 6:30PM Motion made by Mr. Dwyer to accept Sketch plan and set Public Hearing for June 1 st and seconded by Mr. Hanlon. All in favor, motion carried. Action to be considered - Application of Bernadette Lindeman for site plan modifications for a car lot at 356 West Sand Lake Road on Tax Map Parcel No. 135.11 1 1 in a General Business (BG) Zoning District - Sketch Plan Acceptance and set date for Public Hearing for June 1, 2009 at 6:40PM The application is still being reviewed and worked out by the Board. Motion for a public hearing and acceptance sketch plan review made by Ms. Foley and seconded by Mr. Hanlon. Other Business, Updates and Pending Applications: Update on Highland acres: Mr. Germano stated that there will be now 5 houses instead of two and a turnaround. Next Regular Planning Board Meeting: June 1, 2009 at 6:30 PM Motion to Adjourn at 8:46pm made by Mr. Ashworth and seconded by Ms. Foley.