Chairman Doyle called the, May 1, 2008 meeting to order at 7:30pm and led the Pledge of Allegiance. Chairman Doyle reviewed the agenda.

JAF Development, 318 Charlton Road for Site Plan Review. Present were John and James Fantauzzi along with Eddie Esposito who will be presenting the application. Mr. Esposito said that 12, 800sq. ft of building will be removed and replaced with the new configuration shown.

The applicant was in receipt and agreement of CT Males comments.

• Setbacks around the septic field which were adjusted on the plans

• Additional spot grades were placed on for handi-cap accessibility; 2% slopes on the concrete walk out to include signage.

The property consists of 5.5 acres and will be only disturbing less than one acre with a drainage plan with sediment controls to protect the Mouningkill. Mr. Esposito said there is an onsite filtration to drywells which will discharge to existing swale to the back of the site.

Ms. Serra said the new drawings referenced the setbacks and spot elevations; comments were technical in nature.

Mr. Cwalinski asked the location of the HVAC and dumpster. Mr. Fantauzzi said that the dumpster is located in the back of the facility. Most of the building will be used for warehouse and will be heated with unit heaters and office areas may or may not be air conditioned; no HVAC on roof top.

Mr. Rhodes appreciates the new buildings.

MOTION: Mr. Rhodes motioned to name The Town of Ballston Planning Board the Lead Agency in the SEQR process. Ms. Cristy seconded the motion and all present voted in favor. CARRIED.

Mr. Doyle opened the public hearing at 7:40pm

Mr. Doyle closed the public hearing at 7:41pm

No one wished to speak.

MOTION: Mr. Cwalinski moved to issue a Negative Declaration, with the basis that there is not a potentially significant environmental impact. Mr. VanVorst seconded the motion. CARRIED.

MOTION: Mr. Rhodes made a motion to approve the site plan contingent upon sign-off of CT Male technical comments. Ms. Cristy seconded the motion and all present voted in favor. CARRIED.

Menagias/Gerolymatos, 119 Lakehill Road for a Sketch Plan Conference. Gavin Vuillaume of Environmental Design representing Mr. Menagias who is proposing to convert the existing gas station into an ice cream parlor.

Mr. Vuillaume said the parcel consists of 7,500sq. ft. with 100ft. of frontage on LakeHill Road and 160ft. on Route 50. There is an existing 50’ to 60’ wide curb cut on Lake Hill Road and two 20’ on Route 50. The 400sq. ft. existing building is used for gas sales and the tanks have been removed with approval from DEC.

There is existing water service on site and existing septic system; septic tank with a dry well.

Mr. Vuillaume presented three separate plans for the Board to review and discuss the challenges of the site due to the location and access of such a small parcel.

The first scenario is maintaining one main access off of Route 50 to take advantage of the left hand turn lane and not upset any of the queuing on Route 50 and get in and out with enough distance from the intersection from LakeHill Road. Mr. Vuillaume said that with all these scenarios would concentrate on being able to maintain a two way entrance and exit on Route 50.

Mr. Vuillaume said the total number of parking spaces will be between 12 and 15 along the side of the back of the property. The second layout shows and entrance from Route 50, but shuts the exit off at LakeHill Road. The third layout shows an entrance on LakeHill Road to enter the site.

Mr. Vuillaume said that the impervious area is being increased by 25%.

Since this business is a seasonal use, the septic system will be a holding tank which is allowed by the DEC and the NYS Health Dept.

Mr. Vuillaume has spoken to DOT and with a Use and Occupancy Permit parking will be permitted in the right-of way.

Mr. Vuillaume said that the establishment is proposing ice cream, hamburgers, and hot dogs. This is not a sit down restaurant.

Ms. Eddy asked the dumpster location. Mr. Vuillaume said in the employee parking location.

A discussion was held on possible picnic tables for customers.

There is a proposal for shrubbery for trees along the frontage of LakeHill and Route 50.

Mr. Vuillaume said that the sidewalk will be reestablished.

Mr. Hayden has a concern with space in front for seating. Mr. Vuillaume said it is 8’ to 10’ from the window to the back of the curb or eliminate parking space #7 to widen and make more seating area.

Mr. Hayden asked if there is an existing bathroom. Mr. Vuillaume replied yes.

Mr. Cwalinski has a concern with backing out onto Route with parking spots # #1 and #2. Mr. Vuillaume said the criterion used is 40’ to 42’ is used.

A further discussion was held on pedestrian safety signage including crosswalks.

The Board is in agreement with the first plan.

Mr. Doyle asked about removing parking space #7 to make more room for tables. Mr. Vuillaume said that unless something else can be moved on site.

A discussion was held on removing the existing sign and only having a sign on the building.

Mr. Hayden suggested keeping as much parking as possible and to consider shared parking.

Frank & Denise Volpe, Schauber Road for a Major Subdivision. Duane Rabideau of VanGuilder and Associates was present to present the Volpe Subdivision to the Board for conceptual approval. Mr. Rabideau said the pre-application meeting had three separate items a two lot subdivision, a minor subdivision for lot 9 which includes a b and c. Comments from CT Male presented this as one unit in the SEQR process.

Mr. Rabideau said there is a subdivision that has been approved and lot 3 is being subdivided into 2 parcels; 3a and 3b.

Mr. Rabideau said that lot 5 is being subdivided into lots a b c d and e. Lot 6 will be divided into 2 lots a & b, lot 7 and 8 will remain the same with a lot line adjustment, lot 9 will be divided into three parcels and lot 4 to be divided into 3 parcels.

Mr. Rabideau said there is an existing driveway that follows the proposed right-of-way which will be paved.

Mr. Rabideau said the applicants are requesting a private road for this proposal.

Mr. Reilly asked who will own the private road. Mr. Rabideau replied the HOA which is in existence for the present driveway.

Ms. Cristy asked why there is a need for the cul-de-sac. Mr. Rabideau said there are turning radiuses needed for fire apparatus.

Mr. Doyle said this plan progressed, going through the SEQR process and storm water management and looking at the regulations, it was determined a major subdivision.

Mr. Rabideau said that DEC has signed off and the ACOE near lot 3A is an extension of the Sharon Lane subdivision.

MOTION: Mr. Cwalinski made a motion to approve the conceptual layout of this project. Mr. VanVorst seconded the motion and all present voted in favor. CARRIED.

Ada & Robert Bailey, 1475 Route 50 for a Special Use Permit. Randy Parker, president of RaceMark International was present to obtain a Special Use Permit to use the facility as a restaurant.

Mr. Parker said the restaurant is currently for sale or lease.

Mr. Doyle read through the Saratoga County Planning Board comments and one of their concerns were to contact DOT about the existing drive onto Route 50; no controlled access onto Route 50 or Pine Grove Ave.

Mr. Hayden asked the opinion of the town attorney of approving something very nebulous with no details. Mr. Reilly assumed the applicant would have supplied the Board with drawings.

A discussion was held on when an applicant who is applying for a special use permit to operate the restaurant, also apply for site plan review.

MOTION: Mr. Rhodes made a motion to adjourn. Ms. Eddy seconded the motion and all present voted in favor. CARRIED.

Meeting adjourned at 8:35pm

Respectfully submitted,

Michelle L. Dingman