Vice Chairman Cwalinski called the May 30, 2007meeting to order at 7:34pm and led the Pledge of Allegiance. Vice Chairman Cwalinski reviewed the agenda.

CW Ventures, Brookline Road & Rt. 67 for Site Plan Review and a Special Use Permit. Scott Lansing of Lansing Engineering, presented the case to the board.

Site contains ACOE wetlands and house and barn

6 bay carwash with 7 self serve vacuum cleaner stations vacuum noise 50 decibels @ 150 feet

Traffic study performed

Municipal water from BHBL water District #2; flows expected to be 3500 gallons per day equivalent of 12 residential homes

Reviewed C. T. Male comments

Review tree line 20 feet outside of parcel; Mr. Lansing indicated that the applicant currently doesn’t have any plans/proposal for the balance of the parcel.

Mr. Lansing feels project with the suggested modifications meets Design Standards and Zoning Ordiance requirements and is requesting concept approval

Ms. Eddy- questioned whether a master build out was requested

Mr. Cwalinski – master build out must be provided; noise verification needed with respect to the vacuum system.

Ms. Eddy-provide written plans for continued maintenance of the "Hubble House" . What does "maintenance" mean to them

Mr. Hayden questioned the traffic study

Mr. Cwalinski said a higher level of review would be required for traffic study and that a motion and agreement by the boards regarding this.

MOTION: Mr. Rhodes motioned to require C. T. Male’s contracted traffic consultant to do a detailed analysis of all submittals. Ms. Eddy seconded the motion and all present voted in favor. CARRIED.

Mr. Rhodes questioned the proposed 60 foot setback. Mr. Lansing said the current regulations require a maximum of 20 feet and an additional 12 feet for an area for a potential future improvement to a roadway and requesting the board for consideration to a 60 foot front yard setback. The 60 foot request deals in part with "outdoor use"

Mr. Rhodes acknowledged that Mr. Lansing did a good job identifying the many variances that are required here; must have a discussion regarding the variances. The variances are:

Front set back

Side set back

Noise/Vacuum @ 50 decibels to adjacent property lines

Mr. Rhodes brought up landscaping, historical structure separation, compatibility of uses, plantings, berms, sidewalks and that these items should be added to the design consultant’s priority list

Mr. Cwalinski said a landscaping plan must be submitted. Mr. Rhodes said applicant should answer the question of landscaping compatibility use next to historical structure.

Stacking of cars was discussed; a 2 car stacking arrangement would provide a. 64 foot by 24 foot isle for passing. Additional landscaping would help separate the two different uses. Mr. Rhodes asked the board does the landscape separation meet the requirements of preservation of the two different characters; one being the commercial approach and the other being historical.. If the answer is a no then the design standards control whether the project go forward or not

Ms. Eddy again brought up maintenance of house; it’s a bright shiny busy commercial situation next to a historical spot and that there isn’t enough division and there isn’t enough separation Mr. Van Vorst indicated that he has "no passion" for value of house.

Mr. Rhodes said the intent of the Ordinance was to have a sidewalk corridor. Promoting sidewalks does not appear to be a Town Board priority at this time.

Mr. Cwalinski said the "Hubble House" has value and should be visually screened. Documentation should be submitted that includes both a visual and a perspective of the current and future site.

Ms. Cristy questioned the "round-a-bout" slated for the Rt. 67 and Brookline Rd. intersection that could possibly effect the proposal.

Mr. Rhodes said a "round-a-bout" was called for in the Buckhurst Fish & Jacquermat Inc. Rt. 67 corridor study. He asked for a sketch plan showing the site is to be organized and the potential uses which have already been included in the traffic study. Show the schematics of what could be built there showing the driveway intersections; is it going to be keyed up with the existing driveway so that no additional adjustments to the site are necessary to allow for compatible development of the northern lands.Mr. Rohodes said the traffic review should be completed before the landscaping plan is completed in case changes need to be made.

Mr. Lansing indicated that the board was looking for complete screening of one use to another. He does feel very confident that this can be done.

Mr. Cwalinski opened the public hearing comment at 8:05 PM

Mr. Westbrook of 5 Brookline Road – is opposed to application; area is residential, not commercial; traffic is a problem, he had appealed to DOT regarding this issue

Ms. Sutherland of 9 Tiffault Rd. – is opposed to application; like older houses; noise, traffic is a problem. She has trouble getting into the property now and the fact that the application is going to use water the equivalent of 12 houses and the fact that she can’t get public water to her property.

Ms. Whitehead of 916 Rt. 67 – read statement into record; opposing the application. Area is residential; "Hubble house" is historical. Ms. Whitehead stated that it is very difficult to get out of the driveway under the current conditions. The proposed carwash will cause additional traffic and danger in the area.

Mr. Koebbeman of 42 Rolling Brook Drive – Current traffic is a problem; making a left turn onto Brookline from Rt. 67 is difficult; carwash does not fit area, there is carwash in Ballston Spa Malta and a proposed carwash at Brookline and Rt. 50. The area is residential and the noise from the vacuum will be heard by the residents.

Ms. Larkin of 121 Scotchbush Road –Parcel is zoned commercial and if this application is denied what other businesses could go there.

Mr. Baker of 2 Rolling Brook Drive – proposed driveway is approximately 60 feet from the back of his house. The requirements for a Special Use Permit application do not appear to have been addressed.

Mr. Waldon of 929 Rt. 67 –Is project viable even if the changes are made. He is opposed to the project.

Mr. Schlitzer - 53 Church Avenue- existing intersection poorly designed; questions the pollution runoff. The proposal is not consistent with results of town wide survey done in June 0f 2005. This is in a walkable neighborhood and the carwash does not fit within this requirement. Need to protect environment resources.

Ms. Kramer of 22 Rolling Brook Drive – Timed how long it took to travel(at 40 MPH) from Brookline and Rt 67 to Brookline and Rt. 50, it took a minute and a half . There are three properties within the Rolling Brook subdivision that boarder on the wetlands and questions whether NYSDEC been contacted and whether the 100 foot buffer met.

Ms. DeSarbo of 6 Rolling Brook Drive – Is opposed to the application. She questions hours of operation. Will there be lighting at night and will it cause a problem? Applicant representatives indicated a 24 hour/7 day operation.

Mr. Cwalinski closed the public hearing comment period for tonight at 8:23 PM

Mr. Cwalinski offered the following "laundry list":

Address noise contours, including all (7) vacuum machines, mechanical room and bays

Provide build out plan for whole property

Maintain "Hubble House" as viable building

C. T. Male’s contracted traffic consultant to perform a review of applicant’s traffic study

Provide visual analysis

Address site compatibility

Mr. Rhodes explained the SEQR process

Mr. Reilly said any noise variances must be handled by the Zoning Board of Appeals. Any interpretations regarding decibels measured at the property line must be handled by the Zoning Board of Appeals. If there is a property line issue, that too will have to addressed by the Zoning Board of Appeals.

Application tabled.

Walter Katz III, 1152 Rt. 50 for Site Plan Review and a Special Use Permit. John Gay of Northeast Land Surveyors presented the case to the Board. Mr. Gay thanked the Board and Kathryn Cyr for working through the process.

Mr. Gay said all items in C.T. Male comment letter have been addressed.

Ms. Cyr said the drainage issues have been resolved; the remaining issues are minor and, in her opinion, can easily be worked out.

Mr Cwalinski opened the Public hearing comment at 8:35 PM

No one wished to speak

Mr. Cwalinski closed the Public hearing comment at 8:36 PM

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

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

Mr. Reilly said there is an open issue regarding Town acceptance of the water line installed on the property. There is correspondence between Carlton Pott, Town Attorney and Mr. Van Vranken, the applicants’ attorney. This matter must be resolved before a building permit is issued or before a Certificate of Occupancy is issued. Discussion was held on the time frame required to resolve these issues.

MOTION: Mr. Rhodes made a motion for approval for Walter Katz III, 1152 Rt. 50 for Site Plan Review and a Special Use with following stipulations:

Engineering Issues must be resolved with C.T. Male before map is signed and building permit is issued.

Water line to the east of project must be accepted by the Town before Certificate of Occupancy is issued.

Mr. Hayden seconded the motion, all members present voted in favor of the motion, motion CARRIED.

Fairley Sports Training, LLC McCrea Hill Road for Site Plan Review and Minor Subdivision. John Gay of Northeast Land Surveyors presented the case to the Board. Applicant’s attorney, Matthew Jones was also present.

One issue is the proposed left turn lane. Mr. Gay said that the original Clough Harbour traffic report indicated that a proposal such as this one before the Board would require a left hand turn lane.

Mr. Rhodes noted that correspondence received through the Town Board indicated that the left turn lane is scheduled for completion by November of 2007.

Mr. Cwalinski asked about the proposed completion date of the Fairley Sports Center.

Mr. Michael Munter of Munter Enterprises, said completion date would be November 2007.

Mr. Rhodes noted that the turn lane project necessitated the moving of a utility pole (estimated completion of November 30, 2007); a process that could be delayed by the utility company.

Mr. Rhodes said that he had asked for a Level of Service (L.O.S.) analysis at the last meeting and that he had not received one yet. Mr. Rhodes further said that at this point he was comfortable without the L.O.S. analysis due to the fact the left turn lane was to be installed.

Mr. Cwalinski asked about engineering comments.

Mr. Gay discussed the stormwater management and pavement of parking lot.

Ms. Cyr said a negative declaration would be OK at this point.

Mr. Cwalinski opened the Public hearing comment at 8:45 PM

No one wished to speak

Mr. Cwalinski closed the Public hearing comment at8:46 PM

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

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

MOTION: Mr. Rhodes made a motion for approval for Fairley Sports Training, LLC McCrea Hill Road for Site Plan Review and Minor Subdivision with following stipulations:

Engineering Issues must be resolved with C.T. Male before map is signed and building permit is issued.

Ms. Eddy seconded the motion, all members present voted in favor of the motion, motion CARRIED.

James Hall, Root Road for a Minor Subdivision. John Gay of Northeast Land Surveyors presented the case to the Board.

Mr. Gay reviewed the percolation test and deep hole test data as shown on the amended map. He found clay loam at 0" to 24" with mottling and evidence of seasonal high ground water at 24". Mr. Gay said this data would indicate the need for a "shallow fill" septic system.

Mr. Rhodes questioned whether the system would be a "shallow fill’" system or an "alternate" system. Mr. Gay said the percolation test data indicated a "shallow fill’" system.

Mr. Rhodes asked that a note be placed on the map stating that an alternate system may be required, depending on the location of the final test data.

Mr. Cwalinski opened the Public hearing comment at 8:47 PM

No one wished to speak

Mr. Cwalinski closed the Public hearing comment at 8:48 PM

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.

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

MOTION: Mr. Rhodes made a motion for approval for James Hall, Root Road for a Minor Subdivision with following stipulations:

Park and Recreation fee of $500.00 per dwelling unit payable at time of issuance of building permit

Note on map regarding possible requirement of alternate sewage disposal system requireding New York State Department of Health review.

Mr. Hayden seconded the motion, all members present voted in favor of the motion, motion CARRIED.

Brookline Storage, 75 Brookline Road for Site Plan Review. Mike Brooks and Kurt Bedore of Tommell and Associates were present along with John Skee representing JF Storage Holdings, LLC, owners of Brookline Storage. Mr. Brooks said that the proposal is for Phase (7) an additional 65’x 200’ storage building consisting of 13000sq. ft. located on the south east corner of the site. Mr. Brooks indicated that the fencing would be provided with slats to blend in with the environment to provide for additional screening with respect to blocking lighting going into the neighboring residents. Future drawings will reflect this change.

Ms. Cyr of C.T. Male Associates noted that the last two comments of their report were technical questions that can easily be addressed. There will be a minor increase in traffic but that it would not have any adverse impact.

Mr. Cwalinski opened the Public hearing comment at 9:12 PM

Area resident asked how many more phases were planned. Consultant provided info indicating that in 2004 six buildings were added and that this would be the last buildings to be added to the property.

Ms. Daytor asked about the dead tree that faced her property. Mr. Skee indicated that any dead trees would be replaced.

Mr. Cwalinski closed the Public hearing comment at 9:16 PM

Ms. Cyr recommended waiving the design standards for this project due to the fact that this proposal is consistent with the existing buildings.

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

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

MOTION: Ms. Cristy made a motion for approval for Brookline Storage, 75 Brookline Road for Site Plan Review with following stipulations:

Engineering Issues must be resolved with C.T. Male before map is signed and building permit is issued.

Replace pine trees for Ms. Daytor.

No retail sales to be conducted on premises.

Ms. Eddy seconded the motion, all members present voted in favor of the motion, motion CARRIED.

NEW BUSINESS:

No new business.

Corrections to minutes postponed until next meeting.

Mr. Rhodes made a motion to adjourn. Mr. Ramsey seconded the motion. CARRIED.

Meeting adjourned at 9:35pm.

Respectfully submitted,

Les W. Bonesteel Jr.

Deputy Building Inspector(acting secretary)