TOWN OF BALLSTON PLANNING BOARD

Page 1 of 6 Regular Monthly Meeting: October 30, 2013 TOWN OF BALLSTON PLANNING BOARD Present: Richard Doyle, Chairman Josephine Cristy Jeffrey Cwalinski Joan Eddy Derek Hayden Audeliz Matias Kathryn Serra, Town Engineer Peter Reilly, Attorney Thomas Johnson, Building Inspector Members of General Public Chairman Doyle called the, October 30, 2013 meeting to order at 7:30pm and led the Pledge of Allegiance. Chairman Doyle reviewed the agenda. Corrections to minutes Mr. Hayden provided some corrections. Mr. Richard should be Mr. Clark in paragraph where Mr. Van Vorst asked about how they would get the material to the project site. MOTION: Ms. Cristy motioned to approve the minutes of the September 25, 2013 planning board meeting, Mr. Van Vorst seconded the motion and all others present voted in favor. CARRIED OLD BUSINESS: Frank Rossi - Public Hearing Scheduled Lead agency 9/25/13 Church Ave. SBL # 216.-2-22.111, 216.-2-27.11, 216.-2-40 Major Subdivision / Seven commercial lots Mr. Paul Olund came before the board to give an update on the Frank Rossi Major subdivision. He stated that he was waiting for results to come back from Geo Tech regarding the retaining walls, the elevation issue will be solved by moving the pipe to the other side of the road, the Army Core of Engineers has been contacted regarding the connector road and the traffic design study is being finalized Ms. Eddy wondered why Mr. Olund was before the board with so many unanswered CT Male comments, she believed that Mr. Olund was told at the last meeting that he should have comments answered. Mr. Olund said that most of the comments are new since the last meeting. Chairman Doyle said that the project needs to move along and the only way to do that is to have Mr. Olund update the board at every meeting. Chairman Doyle thanked Mr. Olund for the update and asked if the board could do anything to help. Mr. Olund asked for preliminary approval. Chairman Doyle said no at this time there are too many unanswered comments. Stewart Construction - Public Hearing NOT Scheduled Old Westwind Farm Proposed change to approved site plan remove fence around storm water retention pond

Page 2 of 6 Mr. Todd Stewart stated he and Mr. Whalen Highway Superintendent had come up with a compromise for request to not have a fence around the storm water retention pond in the rear of the properties on Carriage Run. The proposal is to have a split rail fence with a gate large enough to get the town mowers in and out of the area. Ms. Eddy asked Mr. Reilly ( attorney) to explain the legal responsibility of the town to if the approved the proposal. Mr. Reilly stated there would not be any liability on the part of the town. The ponds are on private property, the town only has an easement for purpose of maintaining the pond. Ms. Serra pointed out that although the ponds are on private property the town needs to stipulate dumping and or filling of the area prohibited. Ms. Eddy asked if stepping stones were allowed, Kathryn explained that no structure is allowed. No stairs are allowed for access to the water in the ponds, stepping stones are not permanent. Chairman Doyle stated that he has spoken with other municipalities and they all handle the fencing of retention ponds on an individual bases. Kathryn Serra asked if Joe had approved this proposal. Mr. Stewart said the proposed split rail fence from the telephone pole on the west side of the easement over to the green house on the other side of the pond that runs along Goode St with an access gate large enough for the highway mowers to was what he and Mr. Whalen had agreed upon. Derrick asked how much fence would be required if the board did not grant this request? Jeff Cwalinski said it would be about 1000. Ms. Eddy asked if this is a large pond, Kathryn said this is a large pond. MOTION: Motioned to name The the Lead Agency in the SEQR process. No motion made. MOTION: Mr. Van Vorst motioned to declare this an unlisted action under the SEQR process and therefore will declare this a Negative Declaration under the SEQR process. Mr. Ramsey seconded the motion, all others present voted in favor. CARRIED. MOTION: Mr. Cwalinski moved to issue a Negative Declaration, with the basis that there is not a potentially significant environmental impact. Mr. Van Vorst seconded the motion, all others present voted in favor. CARRIED. MOTION: Mr. Cwalinski moved to approve the change to previously approved site plan for a fence to surround the storm water retention pond to a split rail fence with a 16 gate as specified by the highway superintendent to run along the portion of the pond on the road frontage of lot 11 in the subdivision known as Old Westwind Farms. Ms. Cristy seconded the motion, all others present voted in favor. CARRIED. Thomas & Charles Lowe - Public Hearing Scheduled Goode St. SBL #238.-1-39 Minor Subdivision / 2 lots SEQR not started Andrew Kosiba of Northeast Land Survey and Land Development Consultants presented the Lowe s request to subdivide a 100 acre lot on Goode St, SBL # 238.-1-39 to create two lots, a 36 acre lot and a 64 acre lot. He pointed out the home will have septic but public water, he was not sure where the home would be but with 36 acre there should not be problem meeting any of the required setback. Mr. Kosiba felt that the request was pretty straight forward. Chairman Doyle thought the same however Kathryn asked if the property was in a water district. Mr. Lowe assured her that it was. Kathryn asked that they

Page 3 of 6 confirm that and add to the notes that the property was in fact in a town of Ballston water district. Chairman Doyle asked the board for questions and comments. Mr. Hayden stated that he did not see the set back lines on the drawings. Ms. Eddy asked if the property has a farm lease, Mr. Lowe said yes and about 3+ years was left on the lease. Chairman Doyle opened the public hearing at 8:10 no one chose to speak; the hearing was closed at 8:11 Chairman Doyle asked for a motion for lead agency MOTION: Mr. Cwalinski motioned to name The the Lead Agency in the SEQR process. Mr. Hayden seconded the motion and all present voted in favor. CARRIED. MOTION: Mr. Van Vorst motioned to declare this an unlisted action under the SEQR process and therefore will declare this a Negative Declaration under the SEQR process. Ms. Eddy seconded the motion, all others present voted in favor. CARRIED. MOTION: Mr. Van Vorst motion to approve the minor subdivision as shown on property survey and minor subdivision dated July 17, 2013 with the stipulation that the set back lines are added to the drawing and water district confirmation. Ms. Cristy seconded the motion, all others present voted in favor. CARRIED. NEW BUSINESS: Keritis Associates - Public Hearing Scheduled Lake Rd. SBL #239.-2-55 Minor Subdivision / 2 lots Andrew Kosiba of Northeast Land Survey and Land Development Consultants presented Mr. Keritis minor subdivision. Keritis Associates wants to create two lots one on Lake Rd and the other a flag lot behind the Lake Rd lot, both lots will be serviced by wells and septic. Chairman Doyle stated that Flag lots are not allowed in this area. Andrew referred to Andy Brick from Donald Zee s Office explained that although it gives second lot give the appearance of a flag lot in reality the pole that would create the flag lot will not be used as the driveway. Chairman Doyle asked the board for questions or comments. Ms. Eddy asked if there was enough room for fire trucks and other emergency vehicles would be able to turn around in the drive way of the home. Chairman Doyle poled the board for their thought on the 50ft Mr. Cwalinski indicated he did not have a problem with it, Mr. Van Vorst thought that it was sufficient for one home, Mr. Hayden feels 6o feet are necessary. Mr. Reilly indicated that the board should include in the resolution no more subdividing would be allowed. Mr. Van Vorst feels 2 homes if they were to subdivide, Ms. Eddy and Mr. Cwalinski stated they want 50ft and one home. Ms. Serra, CT Male engineer stated that this property is in the Ballston Lake overlay and that the disturbance of over one acre requires a full SWPPP. She further explained that the one acre disturbance is to be considered over the time not a little for this home and a little for this home. Chairman Doyle opened the public hearing at 8:25pm Ms. Ann Pierce of 110 Lake Rd. asked the board if they were aware that DEC is changing the status of

Page 4 of 6 Ballston Lake. She explained that the phospurus levels in the lake are causing the lake to be added to the DEC list of threatened lakes. Ms. Serra stated it would be many years before the DEC would add Ballston Lake to their threatened list. Chairman Doyle closed the public hearing at 8:30pm. Mr. Brick told the board that his client does not have any plans to further subdivide. Chairman Doyle said that he can say that but he was sitting on this very board been the original plans came before this board and something similar was stated. Mr. Reilly repeated that he felt the board should include in any motion the number of lots and times the property can be subdivided in the future. Ms. Eddy pointed out that there are already too many curb cuts on that section of Lake Rd. Chairman Doyle felt there were too many unanswered questions and wants a motion to table the application to the next scheduled planning board meeting. MOTION: Mr. Cwalinski motioned to table the application to the next planning board meeting, Mr. Hayden seconded the motion and all others voted in favor. CARRIED. HR Schultz - Public Hearing Scheduled 14 Commerce Dr. SBL #228.-2-47 & 48.1 Lot Line Adjustment Mr. Schultz addressed the board for his application for a lot line adjustment which would give.31 acres of developable land to lot 14 on Commerce Dr. He would then give lot 16& 18 Commerce drive which is a wooded area with some trails and wet lands to the for a park. Chairman Doyle asked the board for comments/ questions. No one commented. Chairman then asked the board if they agreed that the.31 acres should be added to lot 14 of Commerce Dr. All were in agreement. Chairman Doyle opened the public hearing at 8:45pm no one spoke; the hearing was closed at 8:46pm. MOTION: Mr. Cwalinski motioned to name The the Lead Agency in the SEQR process. Ms. Cristy seconded the motion and all present voted in favor. CARRIED. MOTION: Mr. Cwalinski moved to issue a Negative Declaration, with the basis that there is not a potentially significant environmental impact. Ms. Eddy seconded the motion, all others present voted in favor. CARRIED. MOTION: Mr. Cwalinski motioned to approve the lot line adjustment as shown on drawing dated September 20, 2013. Mr. Hayden seconded the motion and all others present voted in favor. CARRIED Jamie Croyle - Public Hearing Scheduled 974 Rt. 67 SBL #216.-2-17 Site Plan Review - One 560 square foot storage building Mr. Croyle presented his site plan for one 560 sq. ft. storage building to the board. He stated the

Page 5 of 6 building would be at the tree line to the rear of the property as shown in the drawings, it will be 20 gage galvanized metal. Chairman Doyle pointed out that a frost proof foundation is not required for building less than 600 sq ft. Mr. Croyle said the building would not have any plumbing or electrical, strictly cold storage for power washers and like, no solvents of any kind would be stored Chairman Doyle opened the public hearing at 8:50 no one spoke, the hearing closed at 8:51 MOTION: Mr. Van Vorst motioned to name The the Lead Agency in the SEQR process. Ms. Eddy seconded the motion and all present voted in favor. CARRIED. MOTION: Mr. Van Vorst motioned to declare this a Type ll action under SEQR and therefore exempt from review. Ms. Eddy seconded the motion all present voted in favor. CARRIED MOTION: Mr. Van Vorst motioned to approve site plan review as shown on short EAF form dated October 11, 2013 Mr. Hayden seconded the motion and all present voted in favor. CARRIED. New York Development Group - Public Hearing NOT Scheduled Eastline Rd. SBL #239.-2-7.1 Sketch Plan Conference (Major Subdivision) Ms. Eddy recused herself at this point of the meeting. Scott Lansing of Lansing Engineering spoke to the board on behalf of NY Dev. Group regarding the major subdivision proposal on East Line Rd. The proposal is for 138 lots just south of the Chapel Hill development. There will be two entrances one from Chapel Hill Blvd and the other will be off of East Line Rd. The Building currently at the site will be demoed.the development will have public water and sewer and all storm water requirements are being met. In keeping with the Chapel Hill Development no sidewalks are planned. Mr. Cwalinski commented that the proposal has some flag lots that are allowed. Mr. Lansing said those are going to be changed. The building inspector made him aware of that after the proposal was submitted. Mr. Cwalinski also asked what the about the rounds at the end of some of the streets. They are cul-de-sac that will have turf in the center and are large enough for the snow plows to maneuver around. Storm water management will be on private property (rain gardens) with wire mess lined split rail fences Mr. Van Vorst stated that there is a very unique tree at the planned entrance off of East Line Rd and he would like them to make every effort to save the tree. Chairman Doyle compliments the level of the presentation. New York Development Group - Public Hearing NOT Scheduled Everson Way & Sherman Way SBL #228.13-1-18 & 19 Sketch Plan Conference (Four mixed use structures) Scott Lansing of Lansing Engineering spoke to the board on behalf of NY Dev. Group regarding the mixed use complex off of Route 50 between Everson Way & Sherman Way. The plan is for Four two story buildings with twelve underground parking spaces for building 1, 3 & 4 the grade of the land will not allow for parking under building. Retail And offices on the 1 st floor of each building with apartments on the second floor. There may come a time when a business will require the use of both floor in this case no apartments will be rented in that building. No mixing of business and residents on

Page 6 of 6 any floor in any building. Mr. Ramsey asked how far off of Route 50the plan is, it looks close. Scott said 100 Mr. Ramsey also asked what types of businesses are they hoping to attract. Small businesses such as insurance agencies, Doctor and Dental offices, Salons and Barber Shops something along those lines. New York Development Group plans to move their offices to one of the buildings and they would like to have a bank located in one of the other buildings 1 st floor. Ms. Serra asked that the roads be lined up. Chairman Doyle voiced a concern about Fire Protection for the area and the grading in the area. Eric Carlson - Public Hearing NOT Scheduled Mourningkill Meadows Subdivision Proposed change to approved site plan remove portion of fence at stormwater retention pond Mr. Van Vorst recused himself at this point in the meeting. Eric Carlson told the board he was looking for an amendment to the original site plan. The current plan is for two fences around each of the storm water management ponds. Mr. Carlson proposal is for one fence allowing Mr. Van Vorst one pasture in the western most section of the lot. The area is about 10 acres. The highway superintendent agrees with the plan, it will allow for the area to be easily mowed. MOTION: Mr. Cwalinski motioned to name The the Lead Agency in the SEQR process. Ms. Cristy seconded the motion and all present voted in favor. CARRIED. MOTION: Mr. Cwalinski motioned to declare this an unlisted action under the SEQR process and therefore will declare this a Negative Declaration under the SEQR process. Ms. Cristy seconded the motion, all others present voted in favor. CARRIED. MOTION: Mr. Cwalinski motioned to approve change in fencing of the storm water pond removing the fence from the western most section and extending the northern and southern section to surround the pond. Ms. Cristy seconded the motion and all present voted in favor. CARRIED Respectfully submitted, Debora Bradt Secretary