David VanLuven Planning Board Minutes

David VanLuven Town Supervisor

John Smolinsky Board Member/Chairman

TOWN OF BETHLEHEM

Planning Board Minutes

Tuesday, September 5, 2017

6:00 PM

I. Call to Order

A Regular Meeting of the Planning Board of the Town of Bethlehem was held on the above date at the Town Hall Auditorium, 445 Delaware Avenue, Delmar, NY. The Meeting was called to order at 6:00 PM.

Attendee Name Title Status Arrived

John Smolinsky Chairman Present

Brian Gyory Board Member Present

Margaret Sherman Board Member Present

Scott Lewendon Board Member Present

Kate Powers Board Member Present

Michael Moore Planning/Zoning Board Counsel Present

Deborah Kitchen Assistant to the Planning Board Present

Kenneth Kovalchik Senior Planner Present

Robert Leslie Director of Planning Present

Leslie Lombardo Senior Planner Present

1. New Planning Board Member: Margaret "Peggy" Sherman

Chairman Smolinsky introduced the new Planning Board Member, Margaret Sherman.

II. Public Comment on Regular Agenda Items - 10 Minutes

Time Stamps Provided: 00:03 / Kathy Stipe, 10 Lincoln Avenue, Delmar -comments related to proposed development at 224 Delaware Avenue, Delmar -claims there are above ground oil spouts behind 10 Lincoln Ave -submitted two photos showing an Iron Capped Pipe -stated there are 3 different ones -stated that her son works for Global Oil and said they are oil tanks -thinks NYS DEC should be called in to investigate the situation 00:04 / Kelly Bronson, 16 Manor Drive, Glenmont -comments related to the Reserve at Feura Bush PDD / 48 Condos -submitted a petition in opposition to development on the agenda, entitled Reserve at Feura Bush proposed by Amedore Homes, signed by friends and residents of Glen Manor -focused on items of concern and requested actions by the Town Board and Planning Board -concerned about removal of woods and replacement with condos, asphalt, automobiles, dumpsters -loss of neighborhood charm and character and natural beauty and wildlife factor -loss of privacy and noise barrier from Route 9W and natural windbreak -would like to understand why condos are what the Town needs at this time

Meeting of Tuesday, September 5, 2017 Page | 2

-how do condos fit into the master plan that is a decade old at this time -how the condos will be prohibited from turning into rentals -how does the project fit into the hamlet plan approach in balancing green space conservation and reasonable Town growth -how will the privacy barrier be maintained and how the economic impact to neighborhood would be resolved -how development fits within BCSD capacity -loss of wildlife habitat should be studied under the oversight of NYS DEC officials -Town could work with land owner to transition to forever wild area -concerned about noise, dust, dirt and movement during the construction phase -how will the Town control traffic impacts and road damage during the construction period -roadway protection bond should be funded by the developer and held in the interest of the Town to be returned to the developer if there is no damage -he noted that Feura Bush Road was in better condition prior to the condos that were recently constructed -project may add 96+ cars per day during normal & peak periods which will add to congestion and wear and tear -applicant should fund a traffic study and model for additional traffic post construction -fund should be set up to improve Feura Bush Road -recommend that the Town fully repair Feura Bush Road between Route 9W and Elsmere Avenue -asking the Planning Board to resolve these items and possibly cancel the development 00:12 / Ann O’Brien Careli, 17 Reid Place, Delmar -comments related to the Rockefeller Road PDD -submitted written comments in support of the proposed project via letter dated 11/15/2015 and email, dated 09/04/2017 -no one in the development (on Pine Tree, Reid Pl, Mason Rd, & West Poplar) wants any new development especially since there are two subdivisions going in along Rockefeller Rd & Kenwood Ave Wooster 5 Lot Minor Subdivision and Waldenmaier 9 lot Major Subdivision that was completely cleared of trees and left as mud for several months with an occasional house going up and next to them Cardona 62 Lot Conservation Subdivision on the Kleinke Farm at 65 Kenwood Avenue -realize the development may be inevitable, and appreciate the proposed development is in alignment with the Town’s plans for greenspace, and appears to be the best option -she, her husband and neighbors did extensive research and looked at studies and local data, on the housing values, school enrollments at Elsmere, traffic flow, infrastructure, emergency access, construction time, disruption, pedestrian safety, environmental buffer/woods -concluded that the proposed plan is a good option if the development has to move forward -hopes that the Town looks at the big picture -“please know there are neighbors who support it” 00:15 / David Greenwood, 435 Feura Bush Road, Glenmont -comments related to the Reserve at Feura Bush PDD -opposed to project -land is zoned single family for a reason and single family may make sense, 48 condos does not -has not seen any information about how the developer plans to deal with stormwater runoff -concerned about water in neighboring yards and basements


-stream runs under the road, emerges from the underground on his property and leads to a federally protected to the rear of his property -would like to see a stormwater plan for the property -the road is already too busy -believes the need for condominium & rental properties has been taken care of by the projects that were recently built -there is no park in the area, and the Town park is far way -thinks that if the property owner needs to sell the land, the Town should buy it and turn it into a park 00:16 / Greg Allen, 12 Penn Lane, Glenmont -comments related to the Reserve at Feura Bush PDD -opposed to project -not directly impacted by this plan but his neighbors are -wants to know when we the Town is at the tipping point for development, when at tipping point in Glenmont in particular -looking to the Planners to help the Town figure out when to hit the break or pause enough again to measure the temperature of the communities -if you poll the residents and ask what are the biggest risks and biggest opportunities are to Bethlehem -he is certain you won’t get people on the opportunity list to say, more development, more condos, more single family or more multi-family homes -if you ask what the biggest risk is to these communities, they will say development, particularly non-single family homes, but also single family homes, really large single family homes, and the condominiums, and the traffic patterns and impacts to our schools -little things like how early you have to sign up for after school programs -you have to start thinking about your summer in February -these are little ancillary impacts of the decisions that the Town is asked to make that really have an impact of the residents -if people are going to put development on the top of the risk list, then why does the Town keep developing -as Planners, please ask yourself if we are at the tipping point where the community changes … the nature of the community changes -the Mission Statement from the 2005 Comprehensive Plan for 2020 and thinks the Town is close to creating what the Town wanted to create for the community -purchased his home 16 years ago -bought a home that was owned twice before -likes living here but likes it less every year -harder to pull out on Feura Bush Road everyday -more difficult due to infrastructure problems -has heard many residents say they don’t know if they want to continue living here -believes the public would benefit from more transparency because he was not aware of the project until his neighbor had notified him -would like ask the Town if we need to more development, if so, how, why and when or do we need to press the break pedal again together, collectively -his worry is that collectively the residents are all against development but the Town keeps doing it and the reason is because the voice is not given resonance 00:21 / Pat Wood, 9 Reid Place, Delmar -comments related to the Rockefeller Road PDD -joins with neighbor, Ann Obrien Careli, with the concerns expressed on behalf of the residents in the neighborhood


-recognizes that change is difficult -understands that property owners have a right to do what they want with their property -recognize that Bethlehem adopted a green space / conservation plan that he wholeheartedly supports -hopes there will be a compromise with new types of housing, such as multi-family housing -supports the request for rezoning to allow for multi-family development that supports lifestyle changes -opposed to the extension / opening of Pine Tree Drive -noted that Good Samaritan has 250 full time employees -noted that there are 30 multi-family housing units off Rockefeller Rd -believes Rockefeller Road can handle the additional traffic, but there is no need to open Pine Tree Dr as it would be disruptive to their neighborhood 00:24 / Cindy Metchick, 11 Lincoln Avenue, Delmar -comments related to Dunkin Donuts Drive Thru at 232 Delaware Avenue -has read the traffic study and noted that it does not include counts for weekend traffic -believes that the numbers are not accurate because there is a large amount of traffic on weekends -concerned about lighting, noise, safety and additional traffic on Lincoln Avenue -wondered if right turns on Lincoln could be prohibited -the residents are willing to meet with the developer -not opposed to the project 00:27 / Doris Davis, 51 Greenleaf Drive, Delmar -comments related to the Rockefeller Road PDD, as proposed -resident of the Town since 1965 and her neighborhood for 52 years -has seen her neighborhood grow, many of the streets mentioned by other individuals were not there when she first moved to Greenleaf drive -feels she is part of a neighborhood -concerned that the proposed PDD at Rockefeller Road because it will change the nature of the surrounding neighborhood -10 unit apartment buildings are totally out of character for the neighborhood -wondered if/where other 10 unit apartment buildings are located in the Town of Bethlehem? -five 10 unit apartment buildings in the neighborhood is out of character -Good Samaritan on Rockefeller Road is part of the neighborhood and serves an important purpose -no one opposed the size of the Good Samaritan project because it provided a service to the community -10 unit apartment buildings have no function other than more housing -previously served on the Planning Board and made recommendations to the Town Board concerning zone changes -also served on the Town Board for 11 years, and approved zone changes after very careful consideration about the impact to the neighboring areas adjacent to the proposal -asking the Planning Board Members to consider this carefully -concerned about slope stability -the site is a “stones throw” away from the Delaware Avenue 2000 landslide which is all part of the same geological area -as proposed, she feels the Town needs to consider whether the project truly fits with the character of the neighborhood that has existed for a long time; she would appreciate the Board’s sensitivity to that particular issue


00:32 / Mark Wahl, 8 Lincoln Avenue, Delmar -comments related to Dunkin Donuts Drive Thru at 232 Delaware Avenue and apartments at 224 Delaware Avenue -concerned about traffic on Lincoln Avenue and use of neighborhood as a thoroughfare -concerned about noise from the order board because it faces the neighborhood -not sure why Lincoln Avenue was used as an exit in the first place -noted that there was a bicycle accident a month ago which involved a person who was accessing the site from the rail trail -the proposed project at 224 Delaware is in his backyard and the 10 unit building takes up the entire width of his property -the existing building, owned by the applicant, is run down -the property value comparison, provided by the applicant, shares information about the newly constructed apartment building at 225 Delaware -he believes the building at 225 Delaware should only be compared to the front building at 224 Delaware not the 10 unit building that will be constructed in the rear yards of the existing single family homes -appreciates the proposed screening / landscaping -noted that he has mentioned there may be an existing drainage easement that is not shown on the drawings -he was made aware of the easement when he submitted a building permit to put up a fence -he reminded the Planning Board Members that he had invited them to come over and see the proposed site from his rear yard to see if from the homeowner’s prospective -his offer is still open and he hopes someone will take him up on it -he appreciates the Town’s time, energy and work and the information provided to the public 00:38 / George Harder, 15 Euclid Avenue, Delmar -comments related to Dunkin Donuts Drive Thru at 232 Delaware Avenue and apartments at 224 Delaware Avenue -opposed to both projects -in full support of neighbors in opposition to the project -“when government officials ignore the will of the people and they fail to enforce the law, they need to be replaced” 00:39 / Andrew Leja, Attorney Representing Some of the Homeowners -comments related to proposed apartments at 224 Delaware Avenue -submitted color photos showing petroleum filling equipment on the property -submitted maps showing cemetery usage on the property -will follow up with written comments -applicant has done a lot of work since the project was last discussed -60 plus pages provided via the website on Friday, 09/01/2017 -neighbor provided photos of pipes that are purportedly full of oil -the Planning Board Members can see the pipes if they visit the site -comments from audience inaudible -pipes are indicative of something else below the surface -the pipes are not shown on any surveys -the pipes have not been addressed by the applicant’s consultant, LCS, who did the environmental review … which was supposed to have been done back in May -the LCS investigation is a documentation check for loans for a bank -LCS states that they did not physically visit the site and it is subject to all sorts of qualifications


-LCS states that they were unsuccessful in their attempt to interview the building inspector -the pipes must be investigated before the Board can generate an opinion, from a SEQR standpoint, on the environmental impacts of development of that property -color photos show petroleum filling equipment on the property -maps show cemetery usage that would be of interest to the NYS Cemetery Board -fire flow test was conducted from a hydrant at 217 Delaware Avenue which is on the opposite side of a four lane hydrant -visual screening plan shows additional plantings but not enough evergreen trees -referenced letter from applicant, extoling the virtues of the project, and sited three examples of multi-family housing in the general location of $400,000 homes which were in the neighborhood / general location of the project, not adjacent to the project -common refrain from people in the audience and commenters on various projects are crying out for the Board to take an honest cumulative impact look at what it is doing to permit residential housing, specially 10-unit apartment complexes are out of character for the neighborhood -this is the same issue raised by the Albany County Planning Board -this is a serious issue to be confronted by the Town -Nichole Brower of Envirospec Engineering was retained by the Attorney to help review the technical details of the submittals 00:48 / Nichol Brower, Envirospec Engineering, Albany -comments related to apartments at 224 Delaware Avenue -experience with land development, civil site design and environmental engineering for over 10 years -firm has reviewed the documents and completed an environmental and civil site review -has not had an opportunity to review all of the documents that were posted on 09/01/2017 -reviewed access drive adjacent to proposed and existing structure -does not see a pedestrian connection between the site sidewalks and external sidewalks along Delaware -did not see where the school district was consulted -stated that school district may want to provide feedback about the students who will be walking along Delaware across the 22’ wide driveway -noted that stormwater comes into the pond at the same end of the pond as the discharge point which causes a condition called short circuiting which eliminates the treatment that the pond is designed to provide -you want to maximize the distance where the water comes in from where it leaves the pond to allow the solids to settle and allow the pond to do what it is designed to do -will review the revised materials and listen to the information the applicant provides 00:52 / Donna Porter, 2 Ellsworth Place, Delmar -comments related to apartments at 224 Delaware Avenue -has 20 years of experience in urban planning -not a matter of the building being too big, the proposal does not fit -pavement takes up a huge amount of the site -landscaping removed that would take the water away -retaining pond will hold water and not provide drainage for basements -snow will be piled along borders of the parcel and will melt -too much pavement -pavement will generate heat in summer -loss of shade and sound attenuation -plans do not show that the exit for the apartments at 225 is directly across from the exit for the proposed apartments at 224 Delaware


-concerned about traffic -sometimes it takes 10 minutes to turn left onto Delaware Ave in the morning -if you add a drive thru, you will back up traffic on Delaware because they will be waiting to pull in -apartment units in that location, with that much pavement, is unacceptable 00:55 / Julie Heslin Pokat, 13 Hancock Dr, Glenmont -comments related to the Reserve at Feura Bush PDD -opposed to project -share concerns expressed about how much is too much development in the Town -runs regularly and cross Feura Bush Road -sidewalks along Feura Bush corridor from Elsmere Avenue to Route 9W have joined neighborhoods -pedestrian traffic has increased -concerned about health, wellness & safety impacts in addition to overall congestion -a lot of development has occurred already 00:58 / Carolyn King, 16 Burhans Place, Delmar -comments related to residential development in the Town and impacts on the school district -Town is currently working with NYS on a possible reduction in the number of lanes on Delaware Avenue to make the road more pedestrian friendly -the majority of children in the area walk to / from the Elsmere Elementary school -residential development increases the number of children to an existing school that only holds 44 students per grade -can currently walk to schools, stores, rail trail, etc. why increase congestion -concerned that Elsmere Elementary does not have the land area needed to expand in order to accommodate more students 01:00 / Neal Brady, 1 Ellsworth Place, Delmar -comments related to apartments at 224 Delaware Avenue and Dunkin Donuts Drive Thru at 232 Delaware Avenue as well as residential development in the Town of Bethlehem -will follow up with written comments -the community is not happy with the overall development in Town -Albany County recommended that the Town should review the cumulative impacts for the projects along the Delaware Avenue corridor -the average number of apartment buildings in Town are comprised of 6 units, some of the 8 unit buildings were built in the 1940s -NYS DOS zoning regulations 128-100 -the Planning Board has the ability to not approve the maximum density -updated materials not provided to the public until 09/01/2017 on a holiday weekend, which included letters of support from realtors -a year ago a petition was submitted with 550 signatures -many of the residents said, had they known an apartment was going to be built, they would not have purchased their home -National Association of Realtors website (Realtor.com) March 28, 2016 includes information entitled: “Neighborhood features which drag down your home values” # 1 Bad School, #2 Strip Club, #3 High Renters Concentration / 13.8% -letters submitted by realtors on behalf of this project state that the project won’t affect home values but this is not true


-there is a lot of opposition to this project which started out at 20 units and was reduced to 14 units -the size of the building has not changed -the developer has indicated that he is not willing to reduce the size of the project -the Board does not have to approve the maximum density 01:06 / Tom Krautner, Resident of Glen Manor -comments related to the Reserve at Feura Bush PDD -opposed to project -thank you for sidewalks on Feura Bush Road and reducing the speed limit -there seen an increase in pedestrian traffic -concerned about quality of life in the Town -moved to Bethlehem 16 years ago from Long Island -felt it was a great place -slowly, projects are being added that affect our infrastructure and quality of life -Feura Bush Road is a State road which is deteriorating -wondering if the Board is working with the State to improve the quality of the road -concerned about people making left turns -was almost hit by a car when attempting to cross Route 9W -has noticed a decrease in the level of respect for pedestrian traffic .. people are in a hurry -concerned about potential impacts to the school system due to an increase in enrollment -it will only be a matter of time before the school district will present a bond to increase the size of Glenmont Elementary school 01:11 / Neal Brady, 1 Ellsworth Place, Delmar -comments related to residential development in the Town and cumulative impacts -water & sewer needs should also be taken into consideration with regard to cumulative impacts -he understands that there is a sewer trunk line which runs along Elsmere Avenue and some repairs were made to it a few years ago which required temporary piping that may restrict its capacity -the projects for Kleinke’s farm and Rockefeller Road PDD will be going into a trunk line that has already been constricted with temporary piping -also noted that the Town purchases its water from the City of Albany and there was a drought situation a few years ago -a few years back the Town was talking about the price per gallon that it pays for water -when the Town sees residential development on Wemple Road, Bender Lane, and other areas in town, it means more people, more households, and more water being used … and this needs to be taken into consideration -he has not seen this information in the notes 01:12 / John Porter, 2 Ellsworth Place, Delmar -comments related to apartments at 224 Delaware Avenue and Dunkin Donuts Drive Thru at 232 Delaware Avenue -what happens if Dunkin goes out and another fast food business with late hours come in -the area is a nightmare for pedestrians -construction company located on the opposite corner parks vehicles along Lincoln Ave which narrows the street to ¾ of its width -concerned about speeding -watershed issues from Delaware Plaza (Hannaford) down to Kenwood Avenue -might be acceptable to add 2-3 homes on the site to maintain the character of the neighborhood, not a 10-unit apartment bldg.


-access to two apartment buildings will be located opposite each other Delaware Avenue (224 & 225) 01:16 / Kathy Stipe, 10 Lincoln Avenue, Delmar -comments related to Dunkin Donuts Drive Thru at 232 Delaware Avenue -see steady influx of people walking up and down the street everyday -National Grid, UPS, trucks do not pull into the Dunkin Donuts lot, they park on the street -traffic coming from Booth Road travels fast, when walking her dogs -street lights on Lincoln Avenue turn off at 9:00 p.m. and gets even darker on Ellsworth 01:18 / Ken Douglas, 23 Manor Drive, Glenmont -comments related to the Reserve at Feura Bush PDD -thanked neighbors for coming to the meeting -opposed to project in the wooded area -appreciates comments from neighbors -has repeatedly notified NYS DOT in Voorheesville about the potholes on Feura Bush Road -was told that Feura Bush Road is not on the schedule for resurfacing -accident last week -do we need all of this development -would rather that Amedore would like to build in Saratoga, Slingerlands or the Hill Town -would like to keep the woods -we have good neighbors and would like to keep them there 01:20 / Dave Essex, 30 Manor Drive, Glenmont -comments related to the Reserve at Feura Bush PDD -present to support the fellow neighbors -has lived in a quiet neighborhood for 30 years -would rather see the woods and deer than condos -enjoys the privacy -“stop building, just because you want to build” Chairman Smolinsky closed the public comment period. He noted that the Board received a lot of good comments, but doubted that the Board could respond to all of them during the meeting. He also noted that none of the projects that the public comments pertained to were up for approval. However, all of the comments will be taken into consideration.

III. Minutes Approval

A. Tuesday, August 22, 2017

RESULT: ACCEPTED [3 TO 0]

MOVER: Kate Powers, Board Member

SECONDER: Scott Lewendon, Board Member

AYES: John Smolinsky, Scott Lewendon, Kate Powers

ABSTAIN: Brian Gyory, Margaret Sherman

IV. Action Items

A. DB Real Estate Assets II, LLC (c/o Dunkin Brands, Inc) at 232 Delaware Avenue, Delmar - Special Use Permit / Site Plan / Lot Line Revision - Possible Action on SEQR Classification of Action and Negative Declaration (16-01400005)

The project was before the Board for an update as well as possible action on the SEQR Resolution and date of Public Hearing. Thomas Andress of ABD Engineering, and the


applicant, Ivo Garcia, were present to provide information and answer questions. Staff comments were provided by Kenneth Kovalchik. To date, the project was placed on the following Planning Board Agendas: 02/21/2017, 08/01/2017, 09/05/2017.

Public Comment

-public comment(s) provided during the public comment period can be heard by listening to the meeting video which is accessible via the Town's Website / Meeting Portal via the following link: http://bethlehemtownny.iqm2.com/Citizens/SplitView.aspx?Mode=Video&MeetingID=1528&Format=Minutes

Discussion / Information Items

-Special Use Permit / Site Plan application for proposed improvements to the Dunkin Donuts at 232 Delaware

-addition of a drive thru window

-NYS DOT driveway consolidation

-modified parking lot layout and landscaping

-traffic assessment completed by Greenman Peterson

-traffic generation was compared to other Dunkin locations

-queuing impacts were considered

-xxxxxx generate ___ cars per day

-one of the two access points on Delaware Avenue will be closed

-variance granted for number of parking spaces

-22 parking spaces to be provided

-applicant owns adjacent / vacant lot at rear of 232 Delaware which fronts on Lincoln Avenue

-applicant seeking approval to subdivide vacant lot and convey a portion to the homeowner of 7 Lincoln Avenue and merge a portion with 232 Delaware

-minor modification to dumpster area

-hours of operation 5:00 a.m. - 10:00 p.m.

-pedestrian crossing from Lincoln Avenue

Board Member / Staff Comments

-sound generated from order board / time of day modification

-facade and directional signage

-dumpster enclosure

-landscaping

-overflow parking on Lincoln

-right hand turns onto Lincoln


-SEQR Resolution

Next Steps

-Public Hearing 09/19/2017 at 6:00 p.m.

PLANNING BOARD

TOWN OF BETHLEHEM

ALBANY COUNTY, NEW YORK

SEQR RESOLUTION

CLASSIFICATION OF ACTION AND NEGATIVE DECLARATION

DB REAL ESTATE ASSETS II, LLC

C/O DUNKIN BRANDS, INC.

Tax ID# 86.09-4-16 - 232 DELAWARE AVE, DELMAR

Tax ID# 86.09-4-17 - LANDS OF LAYMON, LINCOLN AVE, DELMAR

Tax ID# 86.09-4-18 - LANDS OF LAYMON, 7 LINCOLN AVE, DELMAR

WHEREAS, DB Real Estate Assets II, LLC c/o Dunkin Brands, Inc. has submitted to the Town of Bethlehem Planning Board an application for a Special Use Permit and Site Plan Approval for the following: (1) Install a 72 square feet drive through pick-up window on the east side of the building, increasing the building size from 2,044 square feet to 2,084 square feet; (2) install a drive aisle on the south side of the building; (3) install new sidewalks along Delaware Avenue and Lincoln Avenue; (4) install new landscaping along Delaware Avenue, Lincoln Avenue and the rear property line; (5) reconfigure parking lot layout; (6) installation of new parking lot lighting; (7) consolidation of two driveways on Delaware Avenue to one driveway; and (8) lot line revision between 232 Delaware Avenue and 7 Lincoln Avenue. The parcels are located on the south side of Delaware Avenue and located in the Commercial Hamlet (CH) Zone District, and;

WHEREAS, the Planning Board has received a Short Environmental Assessment Form ("EAF") for the project with Part I completed by the Applicant, and;

WHEREAS, the State Environmental Quality Review Act (SEQRA) regulations found at 6 NYCRR Part 617.3(a) require that no agency shall carry out, fund, or approve an action until it has complied with the requirements of SEQRA, and;

WHEREAS, 6 NYCRR 617.6(a) requires that when an agency receives an application for approval of an action it must: (1) determine whether the action is subject to SEQRA, (2) determine whether the action involves a federal agency, (3) determine whether other agencies are involved, (4) make a preliminary classification of the action, (5) determine whether a short


or full EAF will be used to determine the significance of the action, and (6) determine whether the action is located in an Agricultural District, and;

WHEREAS, NYCRR 617.6(b) establishes procedures for the review of Unlisted actions where an agency has determined it will not coordinate SEQR review of the action; and,

WHEREAS, the procedures for uncoordinated review of an Unlisted action indicate that an agency may proceed with said review as if it were the only involved agency unless it determines that the action may have a significant impact on the environment; and,

WHEREAS, the Planning Board has independently considered both the information provided in the EAF and comments on the application provided by the Town of Bethlehem Engineering Division, Department of Economic Development and Planning, New York State Department of Transportation and Albany County Planning Board;

NOW, THEREFORE, BE IT RESOLVED,

that the Planning Board hereby determines that:

1. approval of the proposed site plan constitutes an Unlisted action which is subject to SEQRA,

2. the proposed action involves the New York State Department of Transportation (NYSDOT) and the Albany County Planning Board (ACPB).

3. the proposed action is not located in an Agricultural District and is not located within 500 feet of lands within an Agricultural District and, therefore, is not subject to the provisions of the Agricultural and Markets Law,

4. a Short EAF is adequate for determining the significance of the proposed action; and,

BE IT FURTHER RESOLVED,

that the Planning Board, as provided at 6 NYCRR Part 617.6(b)(4) hereby determines it will not coordinate review of the proposed action and instead shall proceed as if it were the only involved agency; and,


that the Planning Board hereby declares it is lead agency with respect to SEQRA review of the proposed action, and;


that based upon its review of the project and the EAF, review of the proposal by Town


Engineering and Planning staff, and comparison with the Criteria for Determining Significance found at 6 NYCRR Section 617.7(c), the Planning Board hereby finds that the proposal for the drive-through window, drive aisle and other site and landscaping improvements at 232 Delaware Avenue, constitutes an action which will not have a significant impact on the environment and, therefore, does not require preparation of a Draft Environmental Impact Statement; and,


that this determination is based upon the following facts and conclusions:

1. The site of the proposed action is located in a Commercial Hamlet Zone District, and a restaurant with drive-through is permitted within this zoning district subject to special use permit and site plan approval.

2. The project site is located adjacent to a commercial area to the east, west and north of the site and residential area south of the site. As part of the site improvements, and to mitigate the impacts the residential areas, landscaping will be installed along the east and south property line and a solid wood fence will be installed along the south property line. Landscaping along the south property line will consist of Norway Spruce and Arborvitae 8’ in height. Landscaping along the east property line will consist of Norway Spruce 8’ in height and Hicks Yew shrubs 4’-5’ in height. Three street trees will also be installed along Delaware Avenue and will consist of two October Glory, 3” caliper in size, and one Autumn Blaze, 3” caliper in size.

3. The proposed action involves the addition of a drive-through window to an existing 2,044 square feet restaurant. The project consists of three parcels, 232 Delaware Avenue measuring 0.48 acres and two parcels for 7 Lincoln Avenue, 0.11 acres and 0.20 acres. As part of the redevelopment of 232 Delaware Avenue a portion of 7 Lincoln Avenue (0.05 acres) will be conveyed to and merged with 232 Delaware Avenue.

4. As part of the redevelopment of the site the two existing driveways on Delaware Avenue will be reduced to one driveway, with the eastern driveway on Delaware Avenue being removed. The western driveway will be reconstructed to comply with NYSDOT minor commercial driveway design standards, with the entrance being reduced from 40’ wide to 24’ wide. The existing 35’ wide driveway on Lincoln Avenue will be reconstructed by moving the entrance farther back from Delaware Avenue and constructing a 26’ wide driveway.

5. A total of 35 parking spaces are required for the restaurant use and the site plan indicates 22 spaces will be provided, which includes one accessible parking space. One parking space, adjacent to Delaware Avenue and along the west property line, is proposed to be banked and built in the future if needed by the Owner.

6. An area variance (AV-1703) for a reduction in parking from 35 spaces to 22 spaces and to reduce the rear setback from 40’ to 30’ was approved by the Zoning Board of Appeals on January 4, 2017.


7. The site is served by existing public water and sanitary sewer services. The redevelopment of the site will not place any significant additional demands on these facilities.

8. The site is located on a State roadway (NYS Route 443) and plans were sent to the New York State Department of Transportation (NYSDOT) Region 1 for review/comment. In an email dated December 16, 2016 NYSDOT provided the following comments:

1. The addition of a drive-through and re-development of this site provides an opportunity to assess the current access configuration and make revisions as necessary.

2. The alternate site plan which includes maintaining two access points directly onto Delaware Avenue and removal of the access to Lincoln Avenue is not indicative of good access management principals, nor does meet the Departments minimum spacing standard between the eastern drive and Lincoln Avenue.

3. The Department’s policy also states that if a property fronting on a State highway also fronts on and has access to any other public street, road, or highway that intersects the State highway, the Department may restrict access to the State highway, if it determines that such access would be detrimental to the safety and/or operation of the State highway.

4. While we can understand the need for two access points for this site given the site circulation and truck delivery needs, a single point of access onto Delaware Ave. and a single point of access onto Lincoln Ave. seems appropriate, is preferred and reflects both the Department standards and good access management principals.

9. A traffic study dated April 27, 2017 prepared by Greenman-Pedersen Inc. (GPI) was completed to assess queuing for the drive-through and Level of Service for the two site driveways and intersection of Delaware Avenue and Lincoln Avenue. The study provided the following conclusions:

Vehicle Queuing and Service Time

An analysis was conducted during the AM period of 7:00AM to 9:00AM, which shows the drive-through queues are somewhat consistent, 3 to 5 vehicles, between the order board and pickup window. The service time analysis, from order board to pick up, averaged 2min 30sec for the 5 establishments. Queuing observations from the other sites indicated the queue from the order board extended no greater than 9 vehicles, and averaged between 2 to 3 vehicles. Based on the results collected the 232 Delaware Avenue location will have vehicle queuing no greater than 9 vehicles from the pick-up window, and no greater than 6 vehicles queued from the order board. Based on these results the Applicant determined they would need additional vehicle queuing area. In order to accommodate the additional queuing, the Applicant relocated the order board to the south side of the building and the pick-up window to the east side of the building. The site plan shows 3 vehicles will be able to queue from the pick-up window extending back to the order board, and 7 vehicles will be able to queue from the order board extending back to the drive aisle in front of the building.


The proposed site layout can accommodate 9 vehicles in queue from the pickup window to the front of the building.

Trip Generation and Distribution

Trip generation estimates for the restaurant with drive-through were completed to determine how the anticipated trip generation will impact the level of service (LOS) operations at the west driveway entrance and intersection of Delaware Avenue and Lincoln Avenue. The east driveway on Delaware Avenue will be removed as part of the redevelopment of the site. Trip generation and LOS with a 10% sales increase, based on Owner’s previous statements of potential sales increase of 10% once the drive-through window is constructed. Trip generation and LOS with a 20% sales increase, based on sales data for the HVCC Dunkin Donuts location having sales at 18% higher than the 232 Delaware Avenue location (this represents a worst case scenario from a traffic generation perspective).

Due to the nature of the business, trip generation at the site is highest during the AM peak hour so this time period was analyzed. Based on the trip generation analysis completed by GPI the site currently generates 178 total trips during the AM peak hour (7:45AM to 8:45AM), 92 inbound and 86 outbound. A 10% increase in traffic would equate to 9 additional trips inbound and 9 additional trips outbound (18 total new trips), for a total of 196 trips with the addition of the drive-through window. Conservatively, a 20% increase in traffic would equate to 18 additional trips inbound and 18 additional trips outbound, for a total of 214 trips (36 additional trips) with the addition of the drive-through window.

The existing trip distribution shows that at the Lincoln Avenue/Delaware Avenue intersection 83% of the vehicles make a right turn and 17% make a left turn. The existing trip distribution shows that at the West Driveway/Delaware Avenue intersection 10% of the vehicles make a right turn and 90% make a left turn. The existing trip distribution shows that at the Lincoln Avenue Driveway intersection 6% of the vehicles make a right turn and 94% make a left turn.

The 10% increase in sales trip distribution shows that at the Lincoln Avenue/Delaware Avenue intersection 75% of the vehicles make a right turn and 25% make a left turn. The 10% increase in sales trip distribution shows that at the West Driveway/Delaware Avenue intersection 28% of the vehicles make a right turn and 72% make a left turn. The 10% increase in sales trip distribution shows that at the Lincoln Avenue Driveway intersection 3% of the vehicles make a right turn and 97% make a left turn.

The 20% increase in sales trip distribution shows that at the Lincoln Avenue/Delaware Avenue intersection 76% of the vehicles make a right turn and 24% make a left turn. The 20% increase in sales trip distribution shows that at the West Driveway/Delaware Avenue intersection 28% of the vehicles make a right turn and 72% make a left turn. The 20% increase in sales trip distribution shows that at the Lincoln Avenue Driveway intersection 3% of the vehicles make a right turn and 97% make a left turn.

Level of Service Operations


The LOS was analyzed for the weekday AM peak hour comparing a future no-build condition and a future build condition with a 10% increase in trips and 20% increase in trips. The northbound Delaware Avenue site driveway approach (west driveway) to Delaware Avenue falls from a LOS D to an LOS E between the No-Build to the Future Build 20% condition. Drivers taking a left turn out of the site to Delaware Avenue at the western driveway will experience up to an additional 11 seconds delay. Vehicles approaching Delaware Avenue on Lincoln Avenue will experience an additional 6 second delay with an additional 10% and 20% increase in vehicles. AM traffic counts conducted at the Lincoln Avenue approach to Delaware Avenue show 13 vehicles approach Delaware Avenue during the AM peak hour (not related to the Dunkin Donuts site). All other LOS operations remain the same between the No-Build condition and Future Build conditions. A no-right turn sign at the Lincoln Avenue driveway will be considered in the special use permit to reduce the number of exiting trips traveling through the Lincoln Avenue neighborhood.

Based on the traffic study it appears the addition of the proposed drive-through window will not have a significant impact on the Delaware Avenue/Lincoln Avenue intersection and Delaware Avenue and Lincoln Avenue site driveways.

10. The Town utilized the services of Creighton Manning Engineering (CME) to review the traffic study prepared by GPI. In a letter dated June 28, 2017, CME concluded that overall adequate traffic operations will prevail based on standard traffic engineering practices.

11. An order board for the drive-thru will be located on the south side of the building. To mitigate the visual and noise impacts of the order board a solid stockade fence and landscaping is proposed along the south property line. The landscaping along the south property line will be in the form of 13 Arborvitae, 8’ in height, and 4 Norway Spruce, 8’ in height.

12. In a manufacturers report for the order board speakers provided by the Applicant and received by the Town on August 29, 2017, it states the speakers are equipped with an Automatic Volume Control or “AVC” which can be used to reduce the outbound sound pressure level (SPL) based on ambient noise. When the AVC is active, the outbound level is reduced to a level that is 15 dB above the ambient noise level at the speaker post microphone. This feature can considerably reduce the SPL during quiet periods. Data provided in the report indicates the SPL level 1’ in front of the speaker is 90 dBA SPL; at 17’ in front of the speaker it drops to a normal conversation level of 66 dBA SPL; and at 55’ in front of the speaker it drops to 60 dBA. This data was measured with no vehicles in front of the speaker and no obstructions within 100’ of the speaker. The dBA SPL readings would be further reduced with vehicles and obstructions located in front of the speaker. The nearest residential structure to the order board speaker is located 60’ to the south. Obstructions from the order board speakers to the residential structure would consist of vehicles, solid wood fence and landscaping. The order board will be located 80’ to Lincoln Avenue. Obstructions from the order board to the street will consist of vehicles and landscaping. A condition of the special use permit should consider time of day modifications to the Automatic Volume Control.


13. In a letter dated February 24, 2017, prepared by Edward J. Costigan, Elsmere Fire District Plan Reviewer, commented on the driveway entrance radius, driveway entrance widths and dumpster enclosure materials.

14. The existing freestanding sign located on Delaware Avenue, and within the NYSDOT ROW will be removed. A new monument sign will be constructed on the site and in compliance with the sign regulations of the Commercial Hamlet District.

15. Pedestrian improvements include new 5’ wide sidewalks to be constructed along Delaware Avenue and Lincoln Avenue, and will extend across each driveway apron. Pedestrian connections, in the form of painted crosswalks, will extend from the sidewalks interior to the site and building.

16. Pursuant to §239-m of General Municipal Law, Albany County Planning Board (ACPB) reviewed the project due to its location on a State roadway. At its June 15, 2017 meeting the ACPB provided the following recommendations to modify local approval to include:

a) Review by the New York State Department of Transportation for design of highway access, drainage and assessment of road capacity.

While the property development will require a site review, the zoning board should not grant the variances without first consulting with NYSDOT on the proposed design layout and curb cut changes.

The variance request from the number of parking spaces is significant and is dependent on the proposed site design which includes curb cut changes to SR 443. Input from DOT on a different stacking lane location for the drive-through window would also be helpful.

The ACPB provided the following advisory:

a) Allowing a drive-through lane with cars stacked next to a residential property with idling car exhaust is not the best design layout. While redevelopment of a site is contingent upon existing building location it is possible to redesign the interior of a building to accommodate a drive-through with idling cars sitting away from the residential side of the building. This in turn may impact the curb location from SR 443. The Town may want to ask the Applicant to show an alternative design layout.

The Planning Board, the Applicant and staff have addressed the ACPB concerns as follows:

1) NYSDOT reviewed the plans and recommended the Applicant consider access management for the site driveways as part of the site improvements. The plans show the existing eastern driveway on Delaware Avenue will be removed, which DOT and the Town supports as good access management principals; and (2) The original proposal showed the order board


located at the southwest side of the building and the pick-up window on the south side of the buildings. The queuing analysis completed by GPI as part of the traffic evaluation determined the location will have vehicle queuing no greater than 9 vehicles from the pick-up window, and no greater than 6 vehicles queued from the order board. In order to provide adequate queuing the Applicant redesigned the drive-through and moved the pick-up window to the east side of the building and the order board to the south side of the building. The reconfiguration will allow for 9 vehicles to be in the queue from the pick-up window extending back to the front of the building.

17. Town Department of Economic Development and Planning and Division of Engineering review of the project Site Plan and the Town's environmental inventory files did not identify any other environmentally sensitive characteristics of the site or areas requiring further study.


that this Determination of Significance shall be considered a Negative Declaration made pursuant to Article 8 of the Environmental Conservation Law; and,


that the Town Department of Economic Development and Planning is hereby authorized to file any and all appropriate notices so that the intent of this Resolution is carried out.

On a motion by Mr. Gyory, seconded by Mr. Lewendon and a vote of five (5) for, zero (0) against, zero (0) abstained and zero (0) absent, this Resolution was adopted on September 5, 2017.

RESULT: APPROVED AS AMENDED [UNANIMOUS]

MOVER: Brian Gyory, Board Member

SECONDER: Kate Powers, Board Member

AYES: Smolinsky, Gyory, Sherman, Lewendon, Powers

B. DB Real Estate Assets II, LLC (c/o Dunkin Brands, Inc) at 232 Delaware Avenue, Delmar - Special Use Permit / Site Plan / Lot Line Revision - Possible Action to Schedule Public Hearing for 9/19/2017 at 6:00PM (16-01400005)

PUBLIC HEARING NOTICE, TOWN OF BETHLEHEM, ALBANY COUNTY, NY. Notice is hereby given that the Planning Board will conduct a Public Hearing as part of its regularly scheduled Board Meeting on Tuesday, 9/19/2017 at 6:00 p.m., at the Town Offices, 445 Delaware Ave., Delmar, NY regarding a Special Use Permit/Site Plan Application/Lot Line Revision, submitted by DB Real Estate Assets II, LLC c/o Dunkin Brands, Inc., as shown on drawings entitled “Site Plan and Special Use Permit, Dunkin Donuts, Drive Thru Addition and Site Modifications”, dated 9/14/2016 and revised through 8/29/2017, prepared by ABD Engineers, LLP, 411 Union Street, Schenectady, NY 12305. Documentation related to the application can be viewed in the Planning Dept. at Town Hall, M-F, 8:30 a.m.- 4:30 p.m. Notice of Public Hearing will be mailed to property owners within 200’ of the subject property. Said notice will also be published in the 9/13/2017 issue of the Spotlight Newspaper. All interested persons are invited to attend and be heard.


RESULT: PH SCHEDULED [UNANIMOUS]

MOVER: Brian Gyory, Board Member

SECONDER: Kate Powers, Board Member


V. Discussion/Information Items

A. Quality Holdings, LLC – Apartments at 224 Delaware Avenue, Delmar - 14 Units - Site Plan Application - Project Update (16 - 0100008)

The project was before the Board for a discussion. Tom Andress of ABD Engineering, and the applicant, Gregg Biche, of Quality Holdings, LLC were present to provide information and answer questions. Staff comments were provided by Kenneth Kovalchik. To date, the project was placed on the following Planning Board Agendas: 06/07/2016, 09/20/2016, 05/02/2017, 09/05/2017.

Public Comment


-the attorney representing the residents of the surrounding neighborhood submitted the following documentation to the Planning Board:

1. Map 1923--10-13 - John Davis Real Property Tax Svc Agency 09-2016

2. Map 1924--12-02 - Filed with ACC - Lincoln Ave Sub

3. Map 1930--05-10 - Filed with ACC - Sewer to be acquired from Bedell

4. Photo - not dated - Cross in snow covered yard

5. Photo - 1965--07 - Statue on lawn

6. Photo 1 - undated - Iron Capped Pipe sticking out of ground

7. Photo 2 - undated - Iron Capped Pipe sticking out of ground

Discussion / Information Items:

-Site Plan application for 16 apartments at 224 Delaware

-Lands of Quality Holdings LLC

-2 buildings / one 4-unit and one 10-unit

-landscaping

-balconies on west side of building

-hydrant located on site

-stormwater pond

Board Member / Staff Comments:


-public comments

-comments from Elsmere Fire Dept

-stormwater management

-regulations related to the maximum number of dwelling units per acres (8) does not apply to this project until 12/2018 because the application was submitted prior to the date the code was changed

Next Steps

-applicant to address comments raised about above ground pipes

-applicant to address comments raised about burial site

Further discussion of the project was tabled.

B. Reserve at Feura Bush, Amedore Homes - Project Update on Proposed Planned Development District (PDD) for 48 Condominium Units (16-00600001)

The project was before the Board for an update. Bret Steenburgh, PE and John Bossolini of Amedore Homes, the applicant, were present on to provide information and answer questions. Staff comments were provided by Robert Leslie. To date, the project was placed on the following Agendas:

Town Board: 03/08/2017

Planning Board: 04/04/2017, 09/05/2017

Public Comment


-the "residents & friends of Glen Manor" submitted a petition in opposition of the development proposal of the "Reserve at Feura Bush" by Amedore Homes


-Planned Development District application to be known as the Preserve at Feura Bush for multi-family dwelling units / 48 condominiums (12 4-unit bldgs)

-existing 58 acre parcel, owned by St. Johns Church (Calvary Cemetery), has frontage at 481 Route 9W & 430 Feura Bush Rd

-parcel to be split via the Town's Land Division process

-49 acres with frontage on Route 9W to be retained by the owner


-8.9 acres with frontage on Feura Bush Road to be split from the parent parcel and developed

-Town Board accepted PDD application on 03/08/2017 and referred it to the Planning Board

-5.48 units per acre

-50' buffer

-no rentals

-HOA

-BC website indicates enrollment is at a 20 year low

-stormwater management via dry wells at site is comrpirsed of 12-14 foot of sand

-sidewalks to be installed along Feura Bush

-applicant has contributed to a comulative impact traffic study

-Feura Bush Road is a State highway / comments and concerns should be addressed to the NYS Dept of Transporation

-market research / project compared to Canterberry Crossing


-Mr. Gyory commented about the orientation of and accesibilty to the buildings closest to Feura Bush Road

Next Steps:

-applicant to address comments

-Planning Board recommentation to Town Board

Further discussion was tabled.

C. Rockefeller Road PDD - Tri Capital Realty / Lands of TJ Development of West Sand Lake LLC - Rockefeller Road, Delmar (between 137 Kenwood Ave and 141 Rockefeller Road) - Initial Presentation on Proposed Planned Development District for 74 unit multifamily development (17-00500002)

The project was before the Board for an initial presentation. Michael Tucker of VHB and Jared George of Tri Capital Realty, the applicant, were present to provide information and answer questions. Staff comments were provided by Leslie Lombardo. To date, the project was placed on the following agendas:

Town Board: 06/09/2017

Planning Board: 09/05/2017

Public Comment

-public comment(s) provided during the public comment period can be heard by listening to the meeting video which is accessible via the Town's Website / Meeting Portal via the


following link: http://bethlehemtownny.iqm2.com/Citizens/SplitView.aspx?Mode=Video&MeetingID=1528&Format=Minutes


-Planned Development District PDD application to be known as the Rockefeller Road PDD

-Lands of TJ Development of West Sand Lake LLC

-74 unit multi-family development

-existing 21.12 acre parcel (12.56 acres zoned Core Residential & 8.56 acres zoned Residential A)

-parcel is adjacent to the Albany County Helderberg-Hudson Rail Trail

-frontage on Rockefeller Road, Mason Road, & Reid Place

-Town Board accepted PDD application on 06/09/2017 and referred it to the Planning Board

-wetlands

-buffer area

-50' wide utility easement for water & sewer infrastructure

-building layout / 600' from nearest, existing residence

-public benefit / sidewalk to be installed along Rockefeller & up Kenwood to Pine Tree

-traffic impacts to existing highways (Mason Road, Pine Tree, Reid Place, Kenwood Ave)

-traffic impacts to intersections (Kenwood / Elsmere) (Kenwood / Rockefeller) (Kenwood / Rockefeller) (Elsmere / Poplar)

-traffic tube count to be conducted on Poplar Drive

-stormwater (SWPPP) / bio-retention to be reviewed by Town Designated Engineer (CHA) & Town Engineers

-slope stability, may seek waiver


-slope issues

-drainage

-road construction / Town standards

-orientation of building along main access road

-rail trail access

-building size & layout

-color drawings preferred / appreciated

-map legend to be added to the drawings

Further discussion of the project was tabled.


D. Cardona Development, LLC / Lands of Kleinke at 65 Kenwood Avenue, Glenmont - Subdivision Application - Initial Presentation for 62 unit Conservation Subdivision (17-00400001)

The project was before the Board for an initial presentation. Joe Hens of Ingalls and Associates was present on behalf of the applicant, Anthony Cardona of Cardona Development, LLC and the property owner, Linda (Kleinke) Dwyer to provide information and answer questions. Staff comments were provided by Kenneth Kovalchik. To date, the project was placed on the following Planning Board agendas: 09/05/2017

Public Comment



-Conservation Subdivision application

-lands of Linda (Kleinke) Dwyer at 65 Kenwood Avenue, Glenmont, NY

-access to be provided via Kenwood Avenue, no access proposed via Hoyt Avenue

-rear of parcel is adjacent to the Albany County Helderberg-Hudson Rail Trail

-the decision to permit a conservation subdivision is at the sole discretion of the Board

-the proposal must meet certain criteria in order to be considered for a conservation subdivision (# of lots, steep slopes, scenic views, 50+ acre, agricultural district)

-the Board must find that the conservation subdivision provides a public benefit

-the Board must review a conventional subdivision to determine density

-the density for the conservation subdivision cannot exceed the density of the conventional subdivision unless there is incentive density proposed

-conventional layout shows 53 dwelling units on the southern portion of the parcel located in the Residential A zoning district and 4 units on the northern portion of the parclel in the Rural zoning district

-the conservation layout consists of 62 dwelling units (52 Townhomes, 10 single family) on the southern portion of the parcel located in the Residential A zoning district

-the Kleinke Farmhouse will remain

-the barns and outbuildings will be removed

-applicant stated that NYS OPRHP provided a letter related to historic significance (Phase 1 & 2)

-the parcel is comprised of 68 acres with steep slopes

-a safe slope setback line is shown on the plans

-the conventional plan shows a stormwater area near the steep slopes

-the conventional plan shows 4 building lots near the steep slopes


-applicant must provide a geotechical assessment to determine that the slope information is accurate as shown

-staff noted that the adjacent parcel at at 81 Kenwood Avenue is for sale and potential connectivity may impact the number of units in the conventional layout at 65 Kenwood Avenue

-the owner of the adjacent parcel at 81 Kenwood has submitted a Land Division application seeking approval to divide the 13 acre parcel into two lots

-there are steep slopes on the parcel at 81 Kenwood that would need to be taken into consideration if the parcel were to be developed

-staff needs to confirm that the proposed stormwater ponds are realistic in size

-the stormwater areas must be sized sufficiently to handle the runoff

-if staff determines that the stormwater ponds are undersized the number of lots would need to be adjusted

-ACOE is still reviewing wetland impacts, no permit was issued to date

-a Niagara Mohawk power line bisects the property

-the entire parcel is located in an agricultural district

-a portion of the property, north of the power line, contains an open field

-the applicant is proposing to incorporate the open field into a HOA

-the Town met with the applicant's Engineer to inquire if the agricultural field could remain in agricultural use


-Mr. Smolinsky stated that the conventional design is not something the Board would ever approve

-it has long straight roads, an uninteresting design and packs in everything that can be packed in

-he asked if the Board has the flexibiltity to say it is not a realistic single family plan

-it's like show me the very worst thing you can put together as the basis

-Mr. Leslie stated that feedback from the Board would be provided to the applicant

-if the applicant does not wish to address the Board's comments they may not want to move forward with a conservation subdivision

-a conventional layout sets the stage for a conservation subdivision

-Mr. Gyory agreed with the concerns that were raised and noted that it seems like the applicant has set up a speedway to get to the back parcel

-he stated that it is not a thought out plan and it would be nice to see something that is more refined

-the applicant must provide a roadway that is not so linear in fashion and provides a calming effect

-the Board will need to consider how much of the 41 acres of the conserved lands are actually buildable when determining the public benefit


-staff asked the applicant to provide a breakdown of the 41 acres being preserved, i.e., up-land, agricultural use, etc.

-traffic impacts will require coordinated review

-ITE daily trip count of 398 vehicles based on 62 units

-applicant to provide details showing how they determined that 75% of the traffic would head toward Route 32 and 25% toward Elsmere Ave

-a site distance issue, when looking right, will be addressed by removing 15 feet of vegetation in the Town ROW

-Mr. Lewendon likes the concept of maintaining the rural agricultural character along Kenwood Avenue -he noted that lots 39 & 40 are sitting out there and suggested that they be relocated to create consistency

-The applicant stated that the lots were placed in that location to avoid wetland impacts

-Mr. Lewendon suggested that access to the agricultural field be provided between lots 24 & 25

-Mr. Lewendon noted that the proposed roadway is in need of traffic calming solutions

Next Steps:

-applicant to address comments from the Board Members and staff and provide a conventional plan that the Board would consider

Further discussion was tabled

VI. New Business

A. Board Member Training Opportunity - CDRPC Local Government Workshop 10/05/2017 at Bulmer Telecommunications Center, HVCC, Troy

The Planning Board Members received information about the upcoming CDRPC workshop - October 5, 2017. http://cdrpc.org/event/cdrpc-local-government-workshop-2017/

B. Board Member Training Opportunity - CDRPC Habitat & Water Resource Assessment for Land Use Planning – 3-day Short Course – Cornell Cooperative Ext, 24 Martin Rd, Voorheesville, NY – September 21, 22, 23

The Planning Board Members received information about the upcoming CDRPC workshop - September 21-23, 2017 http://cdrpc.org/2017/08/habitat-water-resource-assessment-short-course-september-21-23/

VII. Adjournment

Motion To: Adjourn at 10:05 p.m. - Next meeting 09/19/2017 at 6:00 p.m.


RESULT: ADJOURN [UNANIMOUS]

MOVER: John Smolinsky, Chairman

SECONDER: Scott Lewendon, Board Member


David VanLuven Planning Board Minutes

Documents

Transcript of David VanLuven Planning Board Minutes