Mr. Doyle indicated that the Board was short due to three members absent, and if there are any applicants who wish to present their application at another time, they are welcome to do so when there is a full Board.

Corrections to August 29, 2007 minutes: Page 11 para 11; change to "Ms." Page 16 para; 5 change to "Ms."

MOTION: Mr. Doyle made a motion to accept the August 29, 2007 minutes as amended. Mr. Hayden seconded the motion and all present voted in favor. CARRIED.

MOTION: Mr. Doyle made a motion to accept the August 30, 2007 minutes as submitted. Mr. Hayden seconded the motion and all present voted in favor. CARRIED.

Geoff Brooks, Round Lake Road for a Traditional Neighborhood Development (TND). Warren Longacker of Lansing Engineering was present to present Brooks Heritage, LLC to the Board. Mr. Longacker said that the parcel which is being proposed is 111 acres in size. The site is covered in 53 acres of wetlands which has been delineated by a wetland biologist and the ACOE and the NYSDEC. Mr. Longacker said that the topography would best be described as rolling with an essential ridge that runs in a westerly/easterly direction along the south portion of the parcel shifting water to the south to a larger wetland area into the north there is another wetland area.

Mr. Longacker said that the parcel is zoned Ballston Lake Residential and the applicant is seeking the development of the parcel as a Traditional Neighborhood Design and the applicant is proposing 99 residential units; 55 single family residential units with a lot of 4500 sq. ft west of the open space and 22 duplex style units with a minimum lot area 9,000 sq. ft. east of the open space area. Mr. Longacker said that each lot will encompass a 15’ front yard setback, 30’ rear yard setback and a 5’ side yard setback. Mr. Longacker said that the applicant has asked that a 100’ to 400’ buffer be left along Round Lake Road to screen the parcel from the roadway. The access to the homes has been provided by two curb cuts on Round Lake Road which will be built in accordance with Town regulations.

Mr. Longacker said that the project will be served with connections with existing water and sewer facilities. The 16" water main will be extended from the intersection at Chapel Hill Boulevard and Eastline Road at a southerly direction to the intersection at Round Lake Road and Eastline Road. Mr. Longacker said that the water line will extend down westward along Round Lake Road with provisions for new mains to be installed within the subdivisions. Mr. Longacker said with the request of the Town Engineer along the Eastline Road T’s will be provided at each of the existing town intersections at Sweet Road and Miller Road to provide interconnection as well as at the intersection of Round Lake Road, Eastline Road and the extensions southward and as well as to the west on Round Lake Road.

Mr. Longacker said that a new gravity service will be developed and discharged to a potential pump station location and pumped to an existing sanitary sewer service provided by Saratoga County Sewer District.

The Storm Water Management will be managed on site. Mr. Longacker said since the last meeting the pubic hearing was held on July 25, 2007 and response comments were received from CT Male on August 27, 2007 as well as a meeting held between the Chairman, Town Building Inspector, Lansing Engineering and the applicant. Mr. Longacker said that several changes have been made to the plan as well as several items investigated. Mr. Longacker said the revision has been storm water management area. This area is designed such that it’s met the qualifications of NYSDEC as a dam; to reduce the volume of this pond and the overall depth and the size of it to fall below that criteria. Mr. Longacker said that the existing 3" force main that runs from the existing development across the street down to the gravity man hole located by Stewart’s is in poor condition. The applicant is proposing to extend existing gravity sewer service from that Stewart’s approximately 4,000 westward to the Carlye Court Subdivison and the Subdivision itself will have a 6" force main that will tie in that new gravity main.

Mr. Longacker said that the wetland disturbance areas lots 45-49 are encumbered by 100ft. adjacent area of DEC wetlands. Mr. Longacker said that the applicant is not proposing to impact the adjacent area the wetland disturbance permit is being modified to improve that area.

Mr. Longacker said that he had spoke to the chairman regarding mailboxes and the postmaster and there are two options either individual mailboxes or clustered mailboxes; 4 to 5 units at one time.

Mr. Longacker said that gas service will be extended and supplied to the homes with an emergency pump station.

Mr. Longacker said that the applicant will be revising the architectural features at a later date.

Mr. Longacker said that the speed limit has been reduced from 30mph to 20mph.

Mr. Doyle said that the Town of Ballston has hired a Traditional Neighborhood Design Engineer, Robert Stevens who will be reviewing this relative to the layout. Mr. Doyle said that a TND does not have a cul-de-sac, but there is a way to make a loop and still maintain the same number of houses.

Mr. Hayden asked when the Traffic Impact Study would be forwarded to the Board. Mr. Longacker spoke to the Traffic Engineer and they said on Friday and also revised the Sanitary Sewer Report and will forward to CT Male for their review.

Mr. Doyle asked if Mr. Lansing mentioned anything about another green space up in the north end.

Mr. Doyle said that at the next meeting would like to see the traffic study, the completion of the water line and sewer line.

Ms. Cyr asked if the basin could be made smaller. Mr. Longacker said that it will be made 18% smaller in size. Ms. Cyr asked if the final plot will be owned by the HOA with an easement to the Town. Mr. Longacker said that the intention was to dedicate it to the Town. Mr. Longacker said that it is something that could be discussed. Ms. Cyr said that the Town’s policy is not to own that property for liability maintenance.

Mr. Doyle said that Mr. Stevens will have his comments by October 12, 2007 and will speak directly to Mr. Lansing and forward our comments to Lansing Engineering.

Mr. Doyle opened the public hearing 7:55pm

Dave Schlitzer asked the total number of homes proposed. Mr. Longacker replied 99. Mr. Schlitzer asked what school district the proposed subdivision will be located in. Mr. Longacker replied Shenendehowa.

Mr. Doyle said that the next Planning Board meeting will be changed from October 31, 2007 to November 1, 2007.

New York Development Group, 1487 Route 50 for Site Plan Review and a Special Use Permit for Cornerstone Condominiums. Jason Dell of Lansing Engineering was present on behalf of New York Development Group to represent Cornerstone Condominiums. Mr. Dell said that the project consists of approximately 54 unit condominium development along NYS Route 50. The property proposed for development is a 7.0 acre portion with the front portion being the current landscaping stone facility and back portion being slated for the condominium development. The proposed condominiums will be serviced by a road which will originate off of Route 50 and head toward the west up into the property. The water will be serviced through the municipal source located along Route 50 will connect into the 12" main. The sanitary sewer will be provided by a force main which will be extended down Route 50 where it will connect into a new gravity line.

Mr. Dell said that a letter has been received from CT Male dated September 21, 2007 and would like to discuss those comments will concern to the road. Mr. Dell said that with regards to the road the plans will be revised the plans for the 1 ½% minimum grade around the cul-de-sac and will remove the vertical curves on the road pursuant to the new town code. Mr. Dell said that the current road radiuses will remain at what they are on current set of plans that CT Male currently has.

Mr. Dell would like to ask the Board for final approval on the project contingent upon NYSDEC, NYSDOH and addressing the remaining CT Males comments.

Mr. Hayden asked if there will be a sign out from of the proposed subdivision. Mr. Booth said that a separate application will be made for the sign.

Mr. Doyle said that one item was a concern for the parallel sewer line, has that been addressed. Mr. Dell replied yes.

Mr. Doyle said that a note needs to be placed on the drawing about where it is necessary to clear cut about the plating of trees in that general area. Mr. Dell replied yes.

Mr. Johnson said that at the last meeting it was asked to check with the Ballston Spa Fire Department on the radius for the ladder truck. Mr. Dell said that a drawing was supplied to the Town Engineer that showed the ladder truck which was submitted with the last package that showed the ladder truck per the dimensions given that it could easily make the transition from all of the turns. Mr. Johnson asked including the cul-de-sac. Mr. Dell replied yes it was submitted to Ms. Cyr. Ms. Cyr said that the worst area was the turn around was the upper corner of the property.

Mr. Doyle opened the public hearing 8:02pm

Jennifer David has a question about the entrance on Route 50 and will it have a traffic light and how will the traffic get in and out on Route 50. Mr. Dell said that there will not be a traffic light and will be a typical DOT approved radius that will service the private road and will right lane full out as well in left turn right turn as well as you are into the facility. Ms. David asked how the traffic will be handled going in and out. Mr. Dell said that the traffic study was performed by Creighton Manning Engineering and was reviewed and approved by BFJ and the traffic has been looked at and examined both by CME and approved by BJF and will not have a negative impact on the area. Ms. Cyr said that the BFJ is the Town’s traffic consultant and the DOT also waives in on traffic study when they approve the curb cut permit for the project. Ms. Cyr said that even though there may be a minor delay, using this facility is not anything that would warrant a traffic light or other improvements at the intersection.

Dave Schlitzer asked the need for the Special Use Permit. Mr. Doyle said that the zoning requires it for the type of housing.

Mr. Doyle closed the public hearing 8:05pm

MOTION: Mr. Cristy made a motion to approve the Site Plan as permitted. Mr. VanVorst seconded the motion and all present voted in favor. CARRIED.

Mr. Booth asked if the subdivision was separate action or include in the approval. Mr. Doyle said that it was included in the approval.

Joseph Hilco, 169 Lake Road for Site Plan Review. Mr. Doyle said that the applicant is proposing to put an addition on existing dwelling. Mr. Rutland began with the letter received by CT Male regarding the septic system. Mr. Rutland said that Wayne Kant, Engineer for the applicant had spoke to Ms. Cyr about and the septic system matter is resolved and will be approved at the Town Board meeting. Ms. Cyr said that she does not recall any conversations with you or with the other engineer. Mr. Rutland replied Wayne Kant, Ms. Cyr replied no. Ms. Cyr said that only time speaking with Mr. Kant was the fact that the plan did not meet the NYSDOH standards and the well still needed be located on lot 242. Ms. Cyr said that a waiver will need to be required in order to build the replacement septic system.

Mr. Doyle asked the status of the septic system. Mr. Kant said that this was looked as a repair or replacement for the proposal and when it does not meet the required setbacks or code it will goes to the septic Board and will request different setbacks because it is upgrading something in failure or that is not up to code. Ms. Cyr said that it would be recommendation that this matter be resolved before the Planning Board can make any action in case the Town Board requires anything different.

A further discussion was held on the replacement septic system.

Mr. Johnson said that normally when a septic system is replaced and does not meet DOH standards, they supply a plan to be designed by an engineer and schedule a meeting with the Town Board to act as a Board of Health to consider it. Mr. Johnson said typically it is for a permit to replace a septic system.

Ms. Cyr said that there was a septic plan submitted for the July meeting.

Mr. Doyle said that he and the Planning Board approving this site plan without a detailed delineation of the proposed septic system and meeting standards or getting Town Board approval.

Ms. Cyr said that at the last meeting the Planning Board recommended that due to the location that the run-off not be increased with the project. Ms. Cyr said that improvements will need to be shown with justification. Mr. Rutland said that he has provided pictures. Mr. Rutland said that everyone’s property along that road drains to the road and there is no highway ditch along side the road essentially there is a catch basin at a high point. Ms. Cyr said that the applicant is going to propose a swale and will need to know the dimensions; to make sure the Town and Planning Board know that it is appropriately sized.

Mr. Doyle asked Mr. Rutland to meet with the Town Engineer on site or discuss this further amongst each other.

Mr. Reilly feels that the applicant has requested that this site plan move forward before the Town Board addresses the septic, and Mr. Rutland feels the Board is in agreement with that and if there is any change with Town Board action they would have to come back. Mr. Doyle does not feel that way. Mr. Doyle feels this project cannot move forward until the Town Board approvals are met. Mr. Doyle said that the septic approvals will affect the storm water management; which areas will be used and how it will work out. Mr. Doyle said once the applicant gets the Town Board approval the Planning Board can act on this application.

Application tabled.

Mr. Doyle opened the public hearing 8:25pm

NISHA-9/Roma International Properties, 1402 Route 50, for Site Plan Review and a Special Use Permit {Concept}. Albert Mugrace, Architect was present to present M.J. Tarar for Nisha-9. Mr. Mugrace said that the first requirement is the building must present the main façade to Route 50. The building and the canopy both are parallel to the road. Mr. Mugrace said that the main concept is that the canopy is attached to the building and the canopy becomes one entity. The maximum setback from the road requires 50’ from the road and the proposal has 40’ from the property line to the canopy. Mr. Mugrace said that the secondary road would be Brookline Road would set the building 20’ which is the maximum required setback. Mr. Mugrace said that the required parking is 41 spaces based on one space per 100sq. ft. and have achieved a total of 47 spaces including a couple of handi-cap spaces. Mr. Mugrace said that there is an issue with the parking base permitted in the front. Mr. Mugrace said with the parking there should be a minimum of five foot landscape buffer required between the parking area and the edge of the sidewalk. Mr. Mugrace said that sidewalks are proposed in the front facing Route 50 and would not be prosing sidewalks on Brookline Road.

Mr. Mugrace said that the green space would be 5.33 acres which equals 85%.

Mr. Mugrace said that there are issues with the proposed which deal with stacking requirements. There are one automatic bay and two self service bay and need a total of 20 stacking spaces. Mr. Mugrace said that there is enough room to achieve the stacking requirement.

Mr. Hayden asked if 10 cars can fit stacked behind that carwash. Mr. Mugrace said that it is almost 30’ in width so there is a possibility of stacking in more than one lane. Mr. Hayden asked about the drive thru stacking. Mr. Mugrace said that the drive thru will be on the side; North West corner (Dunkin Donuts) there should be enough to meet the requirements. Mr. Hayden asked where will the trucks going to park to deliver supplies. Mr. Tarar said that the deliveries will be in the on front and bring in on the sidewalk. Mr. Hayden asked where they are going to park. Mr. Tarar said they will only be stopping for 15 minutes. Mr. Hayden asked the type of truck and pick up laundry and deliver donuts. Mr. Tarar said small trucks, box trucks, vans. Mr. Hayden asked about the trucks that deliver the gas. Mr. Mugrace said that the tanks will be located for good circulation so the trucks will have access to enter and exit the site. Mr. Tarar said that the laundry facility is only a drop off with no equipment for cleaning; drop off and pick up. Mr. Tarar said that there will be separate door for that business.

Mr. Hayden asked if the dumpster is located in the upper right hand corner. Mr. Mugrace replied yes with a propane tank and a smaller propane tank pick up.

Mr. Hayden has a concern with the number of businesses that there will not be enough room for the traffic (cars) for all these business. Mr. Mugrace said that the businesses are not full scale for example the laundry is a drop off with no actual production or dry cleaning being performed. The Dunkin Donuts is a very limited function; service coffee and donuts, but most of the products will be delivered there will be no cooking on premise. Mr. Mugrace said that the Subway there will be no cooking the product comes prepared. Ms. Cristy asked if each business will have a separate entrance. Mr. Mugrace said no. Mr. Tarar said no only two entrances. Mr. Hayden said that the Dunkin Donuts and the Subway will be located in the Convenient Store. Mr. Mugrace replied yes. Mr. Hayden asked if the laundry is separate.

Mr. Doyle asked about the Subway shop in regards to preparing the food, but if you want a hot food it is placed in a microwave. Mr. Mugrace replied yes. Mr. Doyle asked if this is what will be at this facility. Mr. Mugrace said yes. Mr. Mugrace said that there is no cooking on the premise; no cooking appliances accept for microwaves.

Mr. Ramsey asked the number of employees.

Mr. Mugrace said that there will be one attendant for the gas station at the cash register. Mr. Tarar replied four employees. Mr. VanVorst said that there will be two employees for the convenient store, two for Subway, two for Dunkin Donuts and one for the Laundry. Ms. Cristy asked the hours of operation. Mr. Tarar replied 6:00 to 12:00. Mr. Mugrace said that there will be two shifts.

Mr. Hayden said that it is crowded and it needs to be spread out and you should consider using the extra land which is only being used for green space.

A further discussion was held on other projects that were completed similar to the proposed in surrounding areas.

Mr. VanVorst asked the intention for the green space for the future. Mr. Tarar said that there are no plans at this time.

Ms. Cyr said there was a requirement to prepare a Traffic Impact Study which is recommended if the Board grants conceptual approval for preliminary final site plan they would have to have a set of plans.

Mr. Johnson asked how many tables will be located in Dunkin Donuts. Mr. Mugrace said there is enough room to seat four to six people.

Ms. Cyr said that there is a consideration meeting the state requirements for storm water management; preparing the storm water report, storm water pollution prevention plan and are close to meeting that acre of disturbance. Ms. Cyr said however, there is so much existing pavement that likely the increase is in run-off would be something that could be mitigated by a very small, basin, swale or something that is minor that would not be a huge detention basin. Mr. Mugrace will address when there is a concept approval.

Mr. Hayden appreciates the applicants returning because the Planning Board asked them to meet the Design Standards, but still feels there is a problem with the internal traffic.

Ms. Cyr said that the travel lanes are almost twice as wide as what would be required and feels that it will be fine.

Mr. Ramsey asked if cars can get (pass) by where they are stacked up for Dunkin Donuts. Mr. Mugrace said that the lane for Dunkin Donuts is strictly one-way. Mr. Mugrace with a 20’ setback prevents a two lane. Mr. Mugrace said that there will be a sign for drive-thru only. Ms. Cyr asked if the Board would like the applicant to show vehicle movement through the site. Ms. Cyr feels this proposal is fine, but there is a slight issue with an area coming back behind the store, but does not feel it will hinder the development.

Mr. Doyle asked the Board their feelings on the project:

Mr. Hayden feels that he cannot live wit the project and said that it needs more work.

Mr. VanVorst is in favor.

Ms. Cristy said that the applicant has made an improvement since the last submittal.

Mr. Ramsey has a concern for the traffic stacking around the turn.

Mr. Doyle said that the Board agrees that the concept will work and there have been concerns that will need to be addressed as this project moves forward.

Mr. Doyle said that this application is a big change from the prior proposal and meets the zoning and the Board will give concurrence of the concept as presented. Mr. Doyle asked the applicant to keep working on the traffic flow on the south corner of the building.

AJ Signs, 805 Route 50 for Site Plan Review. Wayne Wheeler was present to resubmit an application for a Shank and Falvey Insurance Agency sign. Mr. Wheeler has two clarifications to be proposed that the sign would be 35’ back from the center line of Route 50 which is the setback and no element of the sign would be any closer than 35’. Mr. Wheeler is requesting a waiver for the area of the sign the current ordinance allows for the sign to be no wider than 48" and would be requesting the sign to be 68" wide so would be requesting a 20" waiver for the width of the sign.

Mr. Hayden said at the last meeting Mr. Rhodes asked to design something that meets the Design Standards and tells the Board why it does not work. Mr. Wheeler said that Shank and Falvey are force to building their sign to the requirements of the insurance agency. Mr.Wheeler said if the sign is 48" wide, the letters would be no taller than 3". Mr. Wheeler said that a 3" tall letter is not visible and would be proposing a 5" tall letter which would be a minimally visible letter. Mr. Wheeler said in the case of Lee Ramsey’s sign for Capitaland Glass a waiver was granted under similar conditions because the logo also is in a horizontal format. Mr. Wheeler said that the lettering averages between 6" and 14" tall is certainly smaller in scale. Mr. Hayden said that the Board asked for something that was not presented to the Board and does not want to set a bad president to future applicants. Mr. Rhodes was concerned with the size of the lettering. Mr. Doyle asked what technical information can be provided to the Board that says that the smaller letter cannot be seen from the road. Mr. Wheeler said that he would use his expertise and say that it would not work. Mr. Wheeler said that a typical speed limit sign has letters that are over 12" tall and they are adequate and the letters that say speed limit are 4" tall to 5" tall depending on the size of the sign. Mr. Wheeler said that this is just in keeping with proper visibility.

Mr. VanVorst said in the case of Capitaland Glass, the length is greater than the requirements, but the height is substantially lower than the requirements.

Mr. Wheeler is asking for a 24 1/2 sq. ft. sign is under the square footage requirements. Mr. Wheeler said that even if the sign was taller he would still be within the guidelines; so this is a smaller sign that what is allowed.

Mr. Hayden asked the corporate logo that is referenced in the application. Mr. Wheeler said the Shank and Falvey that is done in the curve the two lines and the three symbols above it with the Shank and Falvey and the word insurance below it. Mr. Wheeler said the way that it is shown it has not been modified.

Mr. Ramsey asked if the proposed sign is larger than the existing sign. Mr. Wheeler replied smaller.

MOTION: Ms. Cristy made a motion to approve the 20" variance on the width of the sign as requested. Mr. Ramsey seconded the motion and all present voted in favor except for Mr. Hayden who voted against. CARRIED.

Richard & Mary Czub, 152 Lake Road for Site Plan Review. Wayne Kant, P.E., was present to represent Mr. & Mrs. Czub with a shoreline conservation plan. Mr. Kant said that the concept is to try to stop the lakes encroachment on the property has lost 25’ and 20’ of the original property line. Mr. Kant has proposed to rip rap the existing shoreline with geotech fabric and clean rip rap and soil fill behind it and stabilize it with hay, mulch, and seed. Mr. Kant said that there were questions in the engineering review about the short EAF which was completed by the applicant and submitted and the second was the 100’ of rip rap along the shoreline. Ms. Cyr said that there was no information on the plan stating what that area would need to be stabilized with. Mr. Kant said that there will be silt fence on both sides and will be filling up with rip rap to the water line and stabilize and bring in the soil and silt fence on the side.

Ms. Cyr does agree with tapering the rip rap onto the property. Ms. Cyr said if the DEC permit states that 100ft. of rip rap if in deed that additional would need to be reviewed again or if it would be covered under the DEC permit. Ms. Kant said the wording was along the shoreline.

Ms. Cyr said that fill needs to be placed behind the rip rap in order for it to function. Ms. Cyr asked if there will be an impact on the adjacent property owners; will it be tapered into their property, gently slope down. Mr. Kant said at 20’ back less to 1’ filling so even at a couple feet would be less than 3 to 1 taper.

Mr. Doyle said that it meets the zoning.

A further discussion was held on shoreline design.

Ms. Cyr said the only outstanding information would be the wetland confirmation. Ms. Cyr said that there are no DEC wetlands, but would like clarification that there are no ACOE wetlands. Ms. Cyr said that if there are delineated wetlands Mr. Kant needs to make a recommendation to his client on how to proceed.

Mr. Doyle opened the public hearing 9:25pm

Mr. Doyle closed the public hearing 9:26pm

No one wished to speak.

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

MOTION: Ms. Cristy made a motion to approve the site plan review subject to wetland delineation is established whether it is DEC or ACOE. Mr. Hayden seconded the motion and all present voted in favor. CARRIED.

Joseph Suhrada, Round Lake Road and Schauber Road for a Major Subdivision [Concept]. Duane Rabideau of Gilbert VanGuilder and Associates was present for conceptual review and why this project does not fit the TND layout. Mr. Rabideau said that the reason said that the build out of the west side of the property the south side being the Volpe Subdivision and the easterly side being the major wetland corridor that runs prevents any major tie in to the east. Mr. Rabideau said that this subdivision would require sewer and water the utilities are not in the area at this time and would have onsite wells and septic for each of the lots. Mr. Rabideau said for because of these reasons we feel that the Traditional Neighborhood Development would not be appropriate for this parcel.

Mr. Doyle said that this subdivision will be serviced by a private road and many of the lots are very large. Mr. Rabideau said that the parcel is 90 acres in size and nine lots range in size from approximately 2 ½ acres up to 25 acres for lot 6 and lot 8; most lots consisting of five to six acres in size. Mr. Rabideau said that lot 9 consists of six or seven acres.

Mr. Doyle indicated that Mr. Rabideau is trying to convince the Board that although this property is in a residential area which requires Traditional Neighborhood Design that in this particular parcel, it is not practical to have a TND.

Mr. Johnson said that the Ballston Lake Residential District requires a minimum lot width of 175ft. and asked Mr. Rabideau to describe how the lots in the cul-de-sac are 175ft. wide. Mr. Rabideau said that the lots are on a private road. Mr. Johnson said that the lot width is measured by the means which the front and the rear; take the front and the rear and add the two together and divide by two and should come up with 175ft. Mr. Johnson asked Mr. Reilly if that was the way he interpreted it. Mr. Reilly replied yes. Mr. Johnson has a concern for two of the lots. Mr. Rabideau said that there are two lots that would need to be checked and could be reconfigured if necessary.

Mr. Doyle asked the Board should the applicant pursue a TND or would a traditional design be the best suited for this area. Mr. Hayden said that a TND is not feasible for this part of the district. Mr. Ramsey agrees with Mr. Hayden.

MOTION: Ms. Cristy made a motion to concur that this project would not be feasible to be a Traditional Neighborhood Design. Mr. VanVorst seconded the motion and all presented voted in favor. CARRIED.

Wayne Wheeler, 844 Route 50 for a Site Plan Review. Scott Kischner and Kurt Bedore of Tommell and Associates were present to represent Wayne Wheeler of AJ Signs. Mr. Kischner said presently in front of the existing structure is a catering business (The Hungry Spot) which is primarily a delivery only business; only seating for customers. Mr. Kischer said that AJ Signs which the proposed additions is located in the rear of the structure. The proposed structure is 22’ x 36’ wood framed single story structure. Mr. Kischner said that it will not increase the number of employees which presently employees three which will be an increase in the work space. Mr. Kischner said the increase is based on CT Males letter item #4 said that there were no storm water management features required. Mr. Kischner said that the small basin was removed which was located from the rear of the proposed building and the swale located to the east of the parking area. Mr. Kischner said that since the basin has been removed, there is no issue with proximity with the septic. Mr. Kischner said that item #4 was test pits for infiltration at the basin site. Mr. Kischner said that 3 & 4 are no longer necessary.

Mr. Kischer said that the parcel is located in the Mixed Use South District and item #2 should provide a parking analysis. Mr. Kischer said that the zoning states that for a manufacturing establishment that parking is driven by either one spot per employee or one parking spot per 400 sq. ft. of gross floor area. Mr. Kischner said that in this case it is driven by the gross floor area which totals nine parking spaces.

Mr. Kischner said for proper ingress and egress 24ft is needed for aisle space in order to accomplish that and maintain proper spaces the parking will need to be expanded to the east.

Ms. Cyr said that it is not required that any mitigation unless they Board feels there is a need for it, but looking at that area it does not look like it will affect any downstream property owners.

Ms. Cyr said that the property is located in the Mixed Use South District which is contingent upon Design Standards which will need to provide documentation that the building expansion and the associated site work meets the Mixed Use South Design Standards. Mr. Kischner was in agreement.

Mr. Wheeler said that the proposed addition is for a drive in truck bay which will have matching siding, trim, soffit and roof.

Mr. Bedore said that the narrative that was submitted went through a number of explanations for requests for waivers. Ms. Cyr said that was for the Site Plan checklist; that was for the Design Standards. Ms. Cyr said that in the Mixed Use District there are separate Design Standards.

Mr. Cyr said to ask for variances to those Design Standards. Mr. Bedore said that he is not aware of any does believe that the architecture is in compliance.

Mr. Doyle suggested breaking up the roof line; a functional dormer. Mr. Johnson said that there may be some president where a waiver was granted for Design Standards for Astro Chemical based on the fact of the original design. Mr. Doyle said that and a dormer meets an analysis which meets the architectural detail. Mr. Doyle said that Astro Chemical is located on a back road which cannot be seen and there are different requirements in different zones. Mr. Johnson said that they are the same requirement in the Mixed Use Zone. Mr. Doyle does not feel that the Board cannot move forward without an elevation drawings to come a conclusion; architectural detail is needed to move forward.

Ms. Wheeler asked Mr. Doyle if the Board prefers the building to match the original building or preferring it to match the new Design Standards.

Mr. Doyle said that it is important as it is being constructed, it matches the existing building. Mr. Doyle said that it can match the existing building and it can be done to still meet the architectural guidelines or ask for a variance.

Mr. Doyle opened the public hearing 9:50pm

Application tabled.

Jungsook, Um-Choi, 772 Route 50 for a Site Plan Review and a Special Use Permit. Mike Zegorski, Smith-Pollard Architects for the Sesame, Japanese, and Korean Restaurant. Mr. Zegorski said that the project is a tenant fit up with the existing building staying as is in the plaza and are seeking Site Plan approval along with an occupancy change as it currently is zoned for mercantile. Mr. Zegorski said that the only exterior changes would be to add a 1,000 gallon grease trap for the septic system and have approval from Vollmer Associates which is now Stantec as requested by the Board.

Mr. Doyle received a letter from the Engineer that indicated that the septic system for the plaza was replaced and that letter was the certification that the septic system will accept.

Mr. Doyle asked what the interior of the building will look like. Mr. Zegorski said that currently there have been changes to the plan and have reduced the seat count to fewer than 50 and expanded the storage space in the kitchen to allow for more supplies. Mr. Doyle asked if the number of seating capacity remain the same. Mr. Zegorski said it will decrease with the increase in kitchen size.

Mr. Hayden asked the hours of operation. Mr. Zegorski replied open until 10:00pm for lunch and dinner.

Mr. Doyle asked if the bathrooms will be handi-cap accessible. Mr. Zegorski replied yes; two of them the current bathroom is not up-to standards and the additional bathroom are needed for the full seating.

Mr. Doyle asked what conclusions were reached with the parking analysis. Mr. Zegorsi said that a full parking study was done on the plaza and based on the new updated zoning codes what is required does not comply. Mr. Zegorski said that what he came up with was 100 parking spaces short per new code. Mr. Zegorski said in the photos submitted it is evident that the parking lot is not utilized to its fullest extent; if it ever more than half full its quite exceptional and could ask for a variance and ask for shared parking within the whole plaza. Mr. Zegorski said that the rear of the building is not utilized for parking

There is one fire lane on the old Grand Union side and the rest of the back is all open (all crusher run) if there is a need to expand parking it could be done back there. Mr. Zegorski said that they would be a two more handi-cap spots for their portion of the plaza near the restaurant itself.

Mr. Johnson said that the applicant is actually reducing the required parking spaces; does the applicant require a waiver. Mr. Johnson said the parking did not meet the requirements even before the application came before the Board.

Mr. Reilly referred to section [138-56] shared parking which encourages shared parking which does not require a formal parking analysis and if the Planning Board feels as though based on the current uses if there is adequate parking then the application can be approved. Mr. Reilly said that he does not know a time when that parking lot has even been full.

Mr. Doyle would request maintenance of the grease traps. Mr. Zegorski said that Schuyler Companies maintains. Mr. Nerenburg, Director of Construction said that the leach fields have been replaced a few years ago and upon found that the grease traps were not maintained, therefore took a proactive approach and asked the tenant to put in an additional grease trap in and we maintain and clean the grease traps. Mr. Nerenberg said that every six weeks the traps are cleaned which is billed back to the tenants.

Mr. Fantauzzi asked that the LLC was formed and requests the application now reflect the name Sesame, Japanese and Korean Restaurant, LLC/dba Sesame. Mr. Johnson said that Mr. Fantauzzi asked if the application could be changed after it had already been submitted and said that it does not make a difference what the applicant’s name on the application.

Mr. Doyle said in addition to a Site Plan Review, a Special Use Permit will need to be completed.

Mr. Doyle opened the public hearing 10:04pm

Mr. Doyle closed the public hearing 10:05pm

MOTION: Ms. Cristy motioned to name The Town of Ballston Planning Board the Lead Agency in the SEQR process. Mr. VanVorst 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. Ms. Cristy seconded the motion. CARRIED.

MOTION: Mr. VanVorst made a motion to approve the Site Plan Review. Ms. Cristy seconded the motion and all present voted in favor. CARRIED.

MOTION: Ms. Cristy made a motion to approve the Special Use Permit. Mr. VanVorst seconded the motion and all present voted in favor. CARRIED.

MOTION: Mr. Hayden made a motion to adjourn. Mr. VanVorst seconded the motion and all present voted in favor.

Meeting adjourned at 10:07pm

Respectfully submitted,

Michelle L. Dingman