Town of Malta Planning Board 2540 Route 9 Malta, NY (518) Fax: (518)

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1 William Smith - Chairman Dave Bowman Kyle Kordich Roger Laime Jean Loewenstein John Viola David Wallingford Joseph Lopez (Alt) Town of Malta Planning Board 2540 Route 9 Malta, NY (518) Fax: (518) Jaime L. O Neill - Building and Planning Coordinator Senior Planner Floria Huizinga Planner Laura Kohler - Secretary Mark Schachner Legal Counsel Leah Everhart Legal Counsel Meeting Minutes for The Town of Malta Planning Board held its regular meeting on Tuesday, at 6:30 p.m. at the Malta Town Hall, with Chairman, William Smith presiding. Present: William Smith, David Wallingford, Jean Loewenstein, Roger Laime, Dave Bowman, John Viola, Joseph Lopez (alt). Leah Everhart, Town Legal Counsel; Floria Huizinga, Planner; Absent: Kyle Kordich, Stephen Grandeau (alt) Correspondence: All correspondence is on file. SMITH read the following agenda into the minutes: Project # Project Name Project Type Old Stonebreak Road SPA Fleming Duplex SUP Old Stonebreak Road 2 Old Stonebreak Road, Malta, NY Dave Bogardus of Northeast Land Survey presented on behalf of the applicant, 2 Old Stonebreak Road, LLC has submitted a site plan amendment for the construction of a 3,200 SF one-story building located at 2 Old Stonebreak Road. The site currently contains one 2,232 SF commercial/ office building and a 2,400 SF garage. The applicant would like to construct a 3,200 SF building to the southeast of the existing buildings to be used for storage and light manufacturing. The existing ingress and egress points on Old Stonebreak Road will remain unchanged; however, an additional curb cut is proposed on Stonebreak Road. Public water and sanitary services are proposed to be extended and utilized for the existing two buildings and the proposed 3,200 SF building. Floria Huizinga reviewed staff comments dated August 11, 2017 The applicant, 2 Old Stonebreak Road, LLC, has submitted a site plan amendment for the construct an additional 3,200 SF one-story building to be located to the southeast of the existing buildings located at 2 Old Stonebreak Road. The site currently contains one 2,232 SF commercial/ office building and a 2,400 SF garage. The existing ingress and egress points on Old Stonebreak Road will remain unchanged and a

2 Page 2 of 5 new curb cut is proposed on Stonebreak Road. Public water and sanitary services are proposed to be expanded/ extended and utilized for the existing two buildings as well as the proposed 3,200 SF building. The applicant is proposing to construct the following: (1) 3,200 SF one-story building A new 6 water line connecting to public water on Stone Break Road Ext. A new sewer lateral connecting to the sewer main north of the property on Old Stonebreak Road. Five parking spaces adjacent to the 3,200 SF building. No setbacks are identified in this PDD. The building is 35 feet from the property line at its closest point. The only building design stipulation in the PDD is a maximum building height of 30 feet. Applicant states a Morton building will be constructed. Renderings were presented at the August 28, 2018 PB meeting. The applicant is proposing wall pack security lighting to be placed above the entry doors as well as the garage bays. The PDD does not provide parking requirements; the proposed use is storage and light manufacturing. A portion of the building will be used for the assembly of furniture. The applicant has proposed five (5) additional parking spaces designated for the proposed building. The applicant has indicated that the lessee anticipate 2-4 employees. Planning has received traffic analysis from CDTC with mitigation fees estimated to be $1,547.00, based on 2-4 trips at PM peak travel hour. The proposed action has a disturbance area of 0.5+ acres, which does not require a SWPPP. Applicant has provided a grading / erosion, sediment control plan for review. No streams, wetlands or steep slopes are located on site and it is not located in or adjacent to an agricultural district. NYSDEC Environmental Resources Mapper indicates that the project site is not located near any rare plants or rare animals. The site is in an archeologically sensitive area; the applicant has provided correspondence from NYS OPRHP, which states that the project will have no impact on cultural resources. Applicant has provides intent to serve correspondence from SCSD and SWS. The proposed action has a disturbance area of 0.5+ acres, which does not require a SWPPP. State Environmental Quality Review Act (SEQRA) Based upon the information submitted, the Planning Department recommends that the Planning Board find that: Project #18-14, 2 Stonebreak Road, Site Plan Amendment, is consistent with the Supplemental Town wide GEIS and Statement of Findings, with no further environmental review required at this time. The project is subject to all applicable mitigation fees. Motion by: Bowman Seconded by: Wallingford RESOLUTION #

3 Page 3 of 5 Be it resolved that the Malta Planning Board on the 25th day of September 2018, determines that Project #18-14, 2 Old Stonebreak Road, Site Plan Amendment is an unlisted Action and is consistent with the Supplemental Town Wide GEIS and Statement of Findings and therefore no further SEQRA review is required. Vote: Lopez - Yes; Viola - Yes; Bowman Yes; Laime Yes; Loewenstein Yes; Wallingford Yes; Motion by: Wallingford Seconded by: Bowman Resolution # Be it resolved that the Malta Planning Board on the 25th day of September 2018 approves Project #18-14, 2 Old Stonebreak Road, Site Plan Amendment, as presented. Vote: Lopez - Yes; Viola Yes; Bowman Yes; Laime Yes; Loewenstein Yes; Wallingford Yes; Fleming Duplex Special Use Permit 19 Arnold Road Road, Malta, NY The applicant, Daniel Fleming presented and is seeking a Special Use Permit to apply a two-family use to construct an owner occupied duplex home at 19 Arnold Road. This property consists of 1.02± acres within the R-1 zone. The lot is part of the recently approved two-lot subdivision (PB #18-13, Rodriguez). Private well and septic will service the home. The duplex will meet all of the required setbacks, so there will be no variances needed. He has met with an engineer to be certain that there is the required distance between the well and the septic. He showed the Board members a rendering of what the duplex will look like. He will occupy one side and his in-laws will occupy the other. Floria Huizinga reviewed staff comments dated August 11, In the R-1 zone, single family and two-family residential lots have the same minimum bulk requirements. According to R-1 zoning, residential lots shall be a minimum of 40,000 square feet in area, with a minimum of 200 feet of frontage, maximum building height of 30 feet, maximum building coverage of 18%, front yard setback of 50 feet, side yard setback of 15 feet, and rear yard setback of 30 feet. According to the Master Plan, this parcel is located in Neighborhood #9. The Town of Malta Comprehensive Plan identifies that the vision for Neighborhood 9 Route 9 North consists of a mix of residential and commercial uses interspersed with undeveloped areas. The proposed two-family residence is consistent with the vision of Neighborhood 9. Based upon the information submitted, planning staff recommends that the Planning Board find that: Project #18-17, Fleming SUP, is a SEQRA Type II Action with no further environmental review required.

4 Page 4 of 5 Planning staff offers the following guidance regarding the applicant s Special Use Permit in accordance with (1) Explain how the proposed use is a permitted special use in the appropriate district. (2) Explain how the proposed use will conform to the standards and design requirements specified in the Code and the Master Plan for the particular zone. (3) Does the proposed use have an undue adverse effect upon adjacent property, the character of the neighborhood and surrounding area, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, welfare or convenience of the public? (4) Does the proposed use create operations or uses that will be considered objectionable to nearby properties by reason of noise, fumes, vibrations, illumination or other outward effects on others in the zone? (5) Does the proposed use comply with all other municipal requirements within the zone? (6) Is the proposed use in harmony with, and promote the general purpose and intent of the Master Plan? (7) Does the proposed use adversely affect the short-term and long-term cumulative impacts on the environment? (8) Does the proposed use mitigate to the satisfaction of the Board any adverse or irreversible impacts on the environment, including any growth-inducing aspects of the proposed use? (9) Does the proposed use adversely affect the unique and irreplaceable assets or resources of the area? (10) Is the proposed use serviced adequately by essential public facilities and service, including, but not limited to: highways, streets, parking spaces, public transportation, police, ambulance and fire protection, drainage structures, solid waste management and refuse disposal, water and sewer, groundwater protection, schools, energy conservation, as well as other additional services? Chairman Smith opened the public hearing at 6:46 pm Chairman Smith closed the public hearing at 6:47 pm Chairman Smith asked the Board members to comment: Loewenstein asked if the setbacks for the water and septic would be met? Fleming stated that they would be met. Laime asked if the height of the building would be under 30 feet. Fleming stated that it would only be 20 feet. Wallingford stated that he had walked the site and gone thru the Special Use Permit criteria on his own, he feels satisfied that the criteria is met.

5 Page 5 of 5 The other Board members all agreed that the Special Use Permit criteria has been met. Everhart confirmed with the Board members that they reviewed the criteria for the Special Use Permits and that the facts present in this application do not warrant further discussion, as this application is consistent with each of the Special Use Permit criteria. Motion by: Wallingford Seconded by: Bowman RESOLUTION # Be it resolved that the Malta Planning Board on the 25th day of September 2018, determines that Project #18-17, Fleming Duplex, Special Use Permit is a Type II Action and is consistent with the Supplemental Town Wide GEIS and Statement of Findings and therefore no further SEQRA review is required. Vote: Lopez - Yes; Viola - Yes; Bowman Yes; Laime Yes; Loewenstein Yes; Wallingford Yes; Motion by: Viola Seconded by: Wallingford RESOLUTION # Be it resolved that the Malta Planning Board on the 25th day of September 2018, approves Project #18-17-, Fleming Duplex, Special Use Permit be granted, as presented. Vote: Lopez Yes; Viola Yes; Bowman Yes; Laime Yes; Loewenstein Yes; Wallingford Yes; Planning Board Business Bowman motioned to accept the August 27, 2018 minutes, seconded by Loewenstein, motion carried. Vote: Lopez Yes; Viola Abstained; Bowman Yes; Laime Yes; Loewenstein Abstained; Wallingford Yes; Bowman motioned to adjourn the meeting to the next regular meeting or any other meeting necessary for the conduct of the Planning Board, seconded by Wallingford, motion carried at 6:52 PM. Respectfully submitted by, Laura Kohler Planning Board Secretary