TOWN OF BALLSTON PLANNING BOARD Monthly Meeting: December 19, 2018

Transcription

1 December 19, 7:30 TOWN OF BALLSTON PLANNING BOARD Monthly Meeting: December 19, 2018 PRESENT : John VanVorst, Chairman Audeliz Matias, Vice-Chair Dan Shorey Patrick Maher Nicole Rodgers Laura Muschett James DiPasquale Dave Blair, 1st Alternate Peter Solberg, 2nd Alternate Sophia Marruso, Senior Planner/ Stormwater Management Officer Kathryn Serra, P.E. Matt Chauvin, Esq. Members of the General Public Carrie Fisher, Acting Secretary Chairman VanVorst gave the floor to Nancy Heath of the BHBL Women s Club. Mrs. Heath thanked the Board for the 12 th Annual Festival of Trees. She stated it was the most successful festival and the BHBL Women s Club looks forward to continuing to help the community. Chairman VanVorst called the December 19, 2018 meeting to order at 7:33 p.m. and led the Pledge of Allegiance. Chairman VanVorst reviewed the agenda. The Chairman asked for corrections to the November 28, 2018 minutes. There were no corrections. MOTION : Member Patrick Maher made a motion to approve the November 28, 2018 minutes. Member Nicole Rodgers seconded. All in favor. None oppose. CARRIED. I. Kelley Farms Mixed Use TND - Public Hearing Scheduled SEQR 9/26/ Eastline Rd. SBL # P.H. Opened 9/2018 Site Plan Review modify the previously approved plans from 10 buildings to 7 buildings for a total of 70 units. No change to the remaining project. Member Laura Muschott recused herself. 1 st Alternate Dave Blair took the seat. Chairman John VanVorst recognized Scott Lansing of Lansing Engineering on behalf of the Applicant.Scott characterized this project as a Mixed Use Traditional Neighborhood 1

2 Development Plan. He stated the Applicant is requesting the Board to consider a vote to approve the project. The Applicant has responded to the community. CT Male responded by clarifying it was existing and not proposed and stated there was a stormwater basin. The Applicant is asking the Board to formally approve their request. Chairman John VanVorst asked for questions or comments from the Board. Kathryn Serra, P.E. stated there was no formal letter. Chairman John VanVorst opened the Public hearing at 7:37pm. Chairman John VanVorst recognized Mike Brooks of 112 Scotchbush Rd. Mike stated he lives down the road but clarified he was referencing a different project. Chairman John VanVorst asked the public if anyone else would like to speak. No one wanted to speak. Chairman John VanVorst closed the Public Hearing at 7:38 pm. Chairman John VanVorst stated the Board need a motion to proceed. MOTION: Member Patrick Maher made a motion to approve the Amended Site Plan as depicted on plans revised 12/03/18 contingent on the satisfaction of CT Male. Member Jim DiPasquale seconded the motion. All approve. None oppose. CARRIED. II. Mark Katz - Public Hearing Not Scheduled Rt. 50 SBL # Sketch Plan Conference PUDD Workshop Member Laura Muschott returned and 1 st Alternate Dave Blair sat down. At 7:40 pm, Chairman John VanVorst recognized Jason Dell of Lansing Engineering speaking on behalf of the Applicant. Jason Dell characterized the Katz Route 50 project as a PUDD. He further stated that in March of 2018 the Ballston Town Board approved the PUDD with minor modifications to the site plan and language. The Applicant is seeking a positive recommendation from the Planning Board. The Applicant stated that on the western side, the 89+ acre parcel is designated as mixed use 11 building/11 unit apartments and 57 single family homes. The Applicant stated there is ongoing litigation between the parties and the US Dept of Agriculture regarding the required water supply. The Applicant stated that 500 is within the water district but the western area is in litigation as stated above. As a result of this, the Applicant proposes to shift 3 buildings into that area that is within the water district. Therefore, the Applicant stated, there will be the same number of units but the location of buildings will change. The Applicant clarified that the 11 unit buildings will now be 14 unit buildings. The Applicant further clarified the L-shaped proposed 40 unit building will be reduced to 37 units. Continuing, the Applicant stated the L-shaped building is Zoned Area C and is no longer needed. The Applicant requests to modify the language to remove that area and asks the Board for a positive recommendation. Member Patrick Maher questions whether the parking is adequate. The Applicant responded there is 2.5 spaces per unit and there is banked parking to be constructed as needed. Vice Chair Audeliz Matias questioned whether the road was public or private. The Applicant stated that the PUDD includes both proposed public and private roads. 2

3 Chairman John VanVorst asked if there were any other questions. No further questions. At 7:45 Chairman John VanVorst made a recommendation to move this to the Town Board. All in favor. None oppose. Matter is moved to the Town Board. III. Nicoll- Public Hearing Scheduled 45 Zani Lane SBL # Site Plan- construction of new single-family residence Chairman John VanVorst recognized Dan Nicoll of 45 Zani Lane who distributed an aerial map to the Board. The Applicant stated that the Area Variance has been obtained and the site plan is the same as in May but with the addition of a holding tank for water. The Applicant explained the home was built in 1945 with a 300 gallon steel tank that is not suitable for living. The Applicant is looking at a Spring 2020 timeline for completion. The Applicant requests approval for the site plan. The Applicant recognizes Town Board must approve the holding tank and states that pending approval, a late September build will be the optimal time to hook up to the sewer if it is ready. Chairman John VanVorst asks the Board for questions or comments. Member James DiPasquale questioned whether the drilled well was existing. The Applicant stated yes it i. Member DiPasquale stated there needs to be proper separation between the sewer and the well; 50 for lateral discharge. The Applicant stated there may be a need for a new well. Member DiPasquale further questioned the need for a sewer grinder pump. The Applicant stated he was not familiar with the code for grinder pumps. Member DiPasquale stated he believed it was 50 separation. Chairman John VanVorst stated there is a public hearing scheduled and the Department of Health will never allow a holding tank but may make an exception if sewer is expected and the Applicant will need to pay for pumping until that time which could be costly and lengthy. At 7:50 pm Chairman John VanVorst opened the Public Hearing. Chairman John VanVorst asked the public if anyone wanted to speak. There were no questions or comments from the public. Chairman John VanVorst closed the public hearing at 7:50 pm. Member Patrick Maher made a motion to approve the site plan SP1 dated 12/02/2017 with the stipulation of approval to obtain approval from the Town Board acting as the Board of Health to waive the use of a holding tank. Sophia Marruso, Senior Planner/Stormwater Management Officer, stated that there needs to be a motion establishing the Planning Board as Lead Agency. MOTION : Member Patrick Maher motioned to name The Town of Ballston Planning Board the Lead Agency in the SEQR process. Member Dan Shorey seconded the motion. All present voted in favor. CARRIED. 3

4 MOTION : Mr. Maher motioned that this is an unlisted action resulting in a negative declaration of significance. Member Dan Shorey seconded the motion. All present voted in favor. CARRIED. MOTION : Member Patrick Maher motioned to approve the Site Plan 1 dated 12/02/2017 with the stipulation the Ballston Town Board acting as Department of Health approves a waiver for the holding tank. Member Jim DiPasquale added to the motion that approval is based on appropriate separation of drilled well and sewer. All approve. None oppose. CARRIED. At 7:55 pm Chairman John VanVorst introduces the last item on the Agenda: IV. New York Development Group - Public Hearing Scheduled Scotchbush Rd & Jenkins Rd SBL # Site Plan Review Major Subdivision Member Laura Muschott recused herself 1 st Alternate Dave Blair took the seat. Chairman John VanVorst recognized Scott Lansing of Lansing Engineering speaking on behalf of the Applicant. Scott opened by stating the name of this project is The Preserve at Summer Hill. He stated the Applicant is seeking approval from the Planning Board for this project which consists of a acre parcel on Jenkins/Scotchbush Roads. He stated it is Zoned Hamlet Residential and there is 30,000 sq ft minimum lot size requirement for lots served by public water. The Applicant further stated the land on the western and south western side and east on Scotchbush is vacant with evergreens. On north Jenkins there are wetlands and a wetlands survey as well as a topographic survey show it is mostly wooded. The Applicant states there is currently one house with frontage. The Applicant proposes a Conservation Residential Subdivision. The Applicant states there will be preservation of the one homestead lot of approximately acres. The balance of 47 acres is used for the conservation subdivision calculations. There are acres of unconstrained land; divided by 30,000 sq ft, this equals 42 lots. The project includes a roadway for proposed dedication to the Town and proposed public water extension. The Applicant stated that Fire Protection is adequate; The stormwater basin is on the southwest corner and lots will have individual wastewater systems; the soil is sandy knoll with good results and there will be a couple shallow systems. Further, the Applicant states there will be acre deed restricted open space consisting of the wetlands. The Applicant references the comments of a private/cross connections where there is a paper street. Additionally, the Applicant states there will be a boulevard style entrance if the Highway Superintendent agrees. At an informal meeting with Highway Superintendent Joseph Whalen a discussion regarding this boulevard style entrance concerned depressing the entrance so snowplows did not rip up the ground. A sketch was provided to Highway Superintendent Joseph Whalen. Applicant stated that stormwater management is located at the lowest spot and to address the concerns about access and adjoining property owners, the Applicant proposes to plant rows of Boxwood trees to delineate the driveway and stated that Highway Superintendent Joseph Whalen agreed. 4

5 Chairman John VanVorst asked for questions or comments from the Board. Member James DiPasquale questions who owns the Conservation Area that has a deed restriction. Vice Chair Audeliz Matias also questioned the Deed Restriction and stated when she hears Conservation Area, there are different lots and who enforces the Conservation Area? Attorney Matt Chauvin stated that Code Enforcement would be responsible for enforcing the Conservation Area if there is a complaint. Vice Chair Audeliz Matias stated so if there is no complaint there is no action. Attorney Matt Chauvin stated he needed to review the language. Vice Chair Audeliz Matias stated her concern that the idea of a buffer is nice but it belongs to every individual. Member Dan Shorey asked what was the minimum lot size? Applicant stated it was 15,000 sq ft on 2 lots by Scotchbush Rd and there are no lots below ¾ of an acre. The smallest are.76 acre. Applicant continues that there are lots measuring 4.29 acres, 4.36 and Member Dan Shorey referenced the CLP-1 Site Statistics. Applicant stated the Hamlet Zoning is 30,000 sq ft but the Applicant is proposing a Conservation Subdivision. Member Dan Shorey stated the SAP 1 drawing does not agree with the size of the lot. Applicant stated they will take a look at that. 1 st Alternate Dave Blair stated it does not meet the minimum setback. Applicant disagreed and said to look at the conservation subdivision calculations on the plans. Vice Chair Audeliz Matias stated the EAF says 2 phases but there is nothing in the narrative. Applicant states they have not gotten that far. Vice Chair Audeliz Matias questions what is the purpose of the proposed Boulevard style entrance. Will there be islands in the middle? The Applicant responds the purpose is aesthetics, a gateway to the development and for fire code because each side is fire code compliant and 21 lots are permitted. Kathryn Serra, P.E. stated not more than 21 lots per customer. Vice Chair Audeliz Matias questioned the mail boxes. Applicant stated there would be central mail boxes and they would work with the Post Office. Kathryn Serra, P.E. stated the Planning Board is not the board that ultimately decides the water extension; that is the Town Board. Kathryn Serra, P.E. references the breaks in the boulevard and states it would impossible for a snow plow. There is a short history of boulevards in Ballston and references the Stonebridge nightmare of maintenance. Kathryn Serra, P.E. further cautions the proposed stormwater basin and strongly suggests another option than this one that is behind houses. She states there have been others that have resulted in clippings being 5

6 dumped, etc and it becomes a nightmare. The applicant needs a 2 nd option/concept; Yes the proposed one is a natural location as it is downhill but need a better location than behind 3 homes. Kathryn Serra P.E. state the Town Board is aware of the proposed extension of water and the missing connection. Chairman John VanVorst references the Environmental Assessment Form c-4b and questions what police agency has jurisdiction.the EAF states Ballston Spa but that is incorrect. In addition, the EAF states the wrong fire protection and emergency. Chairman VanVorst references pg 6 e-3 paragraph regarding surface water and stormwater discharge to wetlands or streams. The EAF states the Alplaus Kill but it may actually be discharged into another creek and that should be listed. Chairman John VanVorst further references pg 11 E2e Drainage status of protected site soils and clarifies for the Applicant that poorly drained should be checked as well. The applicant states they will double check that reference. Chairman John VanVorst states the Town of Ballston Planning Board promotes connectivity between projects and references Silver Lane paper street. The Planning Board thought it was once possible with more effort to create connection, obtain a permit from the Army Corps of Engineers for a stream crossing. The Applicant stated they would take a look at the older Silver Lane project extension of a paper street. The Applicant states a connection there would cause significant disturbance and significant environmental impacts. Applicant will look closer. Chairman John VanVorst states that east of the paper street is out of the wetlands and could be a possible stormwater basin site location. The knoll in back of lots 7,8 and 9 is not in the wetlands. Applicant states the Army Corps of Engineers states it is in wetlands. Chairman VanVorst sys his map does not show it in the wetlands. Applicant states they will take a look. Chairman John VanVorst asks the Board for any further questions or comments. The Board has no further questions or comments. At 8:21 pm Chairman John VanVorst gives the rules of the public hearing to the public: they will have 5 minutes to speak, there will be a warning at 4 minutes. If there are other items than them or send them by postal mail. All questions will be answered. There will be no back and forth between the public and the Applicant and no foul language. At 8:23 pm Chairman John VanVorst opens the Public Hearing. Chairman John VanVorst recognizes the first speaker, Tom Russell of 5 Acorn Drive. Tom Russell states he would like to clarify the sewage management around the wetland and not let seepage leech into wells. This area is a big section of wetlands and this a a lot of sewage being proposed. Chairman John VanVorst recognizes Jim Schultz of 116 Scotchbush Rd. Jim references a letter and states he lives directly across Scotchbush and has a number of serious concerns: the water; Evergreeen and Jenkins excluded 15 people with no access. There are shallow wells for 5 homes. And the density 6

7 proposal of the septic system. The people who live here know of the poor drainage here-to think 29 homes will have no effect is wrong. Concern about the desnsity and sewage runoff, wetlands and streams and shallow wells. Chairman John VanVorst recognizes Bernie Kuczek Jr. of 109 Scotchbush Rd. Bernie stated that at one point was there was water pouring in when they were drilling. There are 4 houses built on wetlands on nearby. There is a tremendous amount of water. Chairman John VanVorst recognizes Steve Merchant of Charlton Rd. Steve expressed concern about green space, wild life and questions whether this project is in an agricultural district. Chairman VanVorst states that it is not in an Agricultureal District. Steve addresses there is tons of water there and does not think building there is the right thing to do. Chairman John VanVorst recognizes a resident (name unknown), who is concerned with the wording of the development in the name. He references Timbercreek Preserve and states it is not a Preserve. He feels the wording is dishonest. Chairman John VanVorst recognizes Nancy Heath of 103 Scotchbush Rd. Nancy expressed concern about safety. Nancy stated there is no wide walking areas for hikers, dog walkers. Nancy also is concerned about accidents and a lack of a 4 way stop. She is also concerned about not enough safe ways in and out. Chairman John VanVorst recognizes Tom Scott of 84 Jenkins. Scott is concerned about the creek that runs parallel with Jenkins: Where does it go he asks. LaRue Street is mentioned. Chairman John VanVorst recognizes Olga Stryjski of 17 Silver Lane who stated their family was here in October 1968 and this is wetlands. Their property had a maple tree on it that died because of the wetlands. Concern was also stated about the septic and soil problems in the area. The Stryjski property was lucky to put in a new septic but not all soil there is good. She also expressed concern about the wild turkeys and deer and wildlife shoud be saved. 75 acres if it is a hamlet. Chairman John VanVorst recognizes Thomas Thackery of 7 Silver Lane. Zachary expressed concern about the septic and well. He stated well and septic is a major concern. Zachary agreed with Chairman VanVorst analysis of the EAF that poorly drained should definitely be checked off there. The soil is definitely poorly drained and very wet through there. Thackery also expressed concern about the connection section. He stated that he purposely purchased his home on a dead-end street because of the safety factor for his 2 small children. He did not want a connection when he purchased his home and does not want one now. He does not think a connection is safe. Chairman John VanVorst recognizes Jill DeLucia of 98 Jenkins Rd. Jill stated she grew up in Burnt Hills and it is unrecognizable today from what it used to be. The last 10 years has made it unrecognizable. Jill expressed concern about traffic by the Junior High School. She stated that traffic is horrendous. Jill also expressed concern about the lack of safe space to walk or bike ride. She states it is very wet and she had to go sloshing through there once. 7

8 Chairman John VanVorst recognizes Lisa Ashdo of 105 Jenkins Rd. Lisa stated this project is in her back yard. Lisa is concerned about the lack of privacy this will provide. Lisa is also concerned about the wild deer and turkeys. Chairman John VanVorst recognizes Mike Lesniak of 92 Jenkins Rd. Mike stated the soil there is not conducive. Chairman John VanVorst recognizes Michele Ogle of 84 Jenkins Rd. Mich expressed concern about the increase in traffic this will produce. She stated the traffic must go somewhere and the smaller side streets like Forest Rd is dangerous. Mich states he volume of housing being proposed is a concern and maybe a T intersection on Scotchbush. Chairman John VanVorst recognizes James Clevenstine of 6 Acorn Drive. He expressed concern about the sewage and the wetlands. He also stated this proposed development does not fit the character of the neighborhood. The general public applauded. He stated that currently there are individual homes of a comfortable size and this development does fit the character of the current neighborhood. Chairman John VanVorst recognizes Peter Solberg of 166 Charlton Road. Peter stated concerns about the flood plain and the northwest and southeast are lots 17,18,16 into stormwater management becomes saturated. He stated the 100 yr flood plain map shows. Peter also stated that 5% park and rec fee from major subdivisions and that it may behoove of the developers to utilize this for community trails or parks and eventually allow connection from Scotchbush into the pending development and trails from school to Jenkins park. Chairman John VanVorst recognizes Steve Walsh of 338 Kingsley. Steve states his in-laws live in Schenectady County on Scotchbush Rd for 65 years. He expressed concern about the increase in traffic. He states there is so much traffic that it is hard to get in and out of your driveway. Chairman John VanVorst recognizes Elizabeth Sebring of 108 Scotchbush Rd. Elizabeth stated that the schools do not have the capacity to hold the amount of students this development will necessarily increase. Elizabeth alo expressed concern about how that will impact our current taxes. Chairman John VanVorst recognizes Tamara Russell of 5 Acorn Drive. Tamara expressed concerm about the traffic on Jenkins Rd. She stated the concern about walking a dog. Elizabeth stated that she does not want more trails to walk in. She wants to walk in her own neighborhood. Elizabeth stated she purchased her home for the neighborhood. She does not want to live in Clifton Park and this is what it is turning into. There was additional discussion about the concern of drainage. Chairman John VanVorst recognizes Scott Draina of Outlet Rd. Scott expressed concern about the design of the Conservation Area. Scott stated that if it is Forever Wild than it is not maintained and in order to maintain it the Town would need to get easements from all of the property owners. Scott further stated that if the public cannot use it than if it was one continuous open space than maybe it could be used for a trail and walking paths. Scott questions where are sidewalks in new subdivisions. Scott states that people need places to go and trails and sidewalks get people outside. 8

9 Scott Draina further expressed concern about the wetlands. Scott stated that clearly when bringing public water with septic, the groundwater will raise and get worse. This is not suitable for more than 4,5 or 6 homes. Chairman John VanVorst recognizes Sue Robbiano of Kingsley Rd. Sue expressed concern about Lakehill and Route 50 and that over the last 6 months it takes minutes from Kingsley. Sue expressed that between the hours of 4:30-6:15 pm the traffic is bad. Sue stated there are too many cars, too many people moving in and the Board needs to listen to us. Chairman John VanVorst recognizes Nancy Heath who states she lives on a curve on Scotchbush and over the last 51 years she has raised her family, seen her grandchildren grow up and now is watching her great grandchildren grow up here. Nancy expressed concern that here great grandchildren today cannot use the same land. She also wanted to point out that the ticks in the proposed area are very bad and of great concern. Chairman John VanVorst recognizes Carl Thurnau of Woodside Drive. Carl expressed concern over the road not being able to handle the increased traffic. He stated cars go up Scotchbush and Goode Street to avoid Route 50. Carl requests the Board to please take this into account. Chairman John VanVorst recognizes Jim DAuria of 66 Jenkins Road. Jim stated he has travelled to work for 15 years. Jim stated there are 3 ways out: Lakehill, High Mills and Forest Rd. The traffic back-ups are worse than ever and getting worse. Chairman John VanVorst recognizes Kathleen Keeney of Scotchbush Rd. Kathleen expressed concern over the shallow wells. She stated she has a very shallow well and is worried over the septic. Kathleen stated concern over 30 proposed homes where the soil cannot handle that. Additionally, Kathleen expressed concern that Jenkins is only one lane and it takes minutes to get to I-87 from herhome. Chairman John VanVorst asked if there were any other questions or comments by the public. There were none. Chairman John VanVorst adjourned the Public Hearing at 8:48 pm. Chairman John VanVorst answered the questions regarding the sidewalks: Sidewalks are not mandatory per the Town Code. Chairman John VanVorst addressed the Applicant and stated there was a lot of work to be done. MOTION : At 8:50 Member Patrick Maher made a motion to adjourn. Member Jim DiPasquale seconded the motion. SO ADJOURNED. 9