Project # Project Name Project Type #13-03 GlobalFoundries PDD Amendment # GlobalFoundries Fab 8 Construction Logistics

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1 Town of Malta Planning Board 2540 Route 9 Malta, NY (518) Fax: (518) Glenn Rockwood - Chairman Kyle Kordich Roger Laime Jean Loewenstein William Smith Dave Wallingford Carrie Woerner Dave Bowman (alt) John Viola (alt) Anthony Tozzi - Director Nancy Vlahos - Senior Planner Sophia Marruso Planner Floria Lowin - Planning Admin. Asst. 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 Glenn Rockwood presiding. Present: Absent: Glenn Rockwood, Jean Loewenstein, Bill Smith, Dave Wallingford, Carrie Woerner, Roger Laime, Dave Bowman and John Viola Mark Schachner, Town Legal Counsel; Joe Lanaro, Town Engineer; Nancy Vlahos, Sr. Planner; Floria Lowin, Planning Administrative Assistant; Carol Marotta, Stillwater Planning Board. Kyle Kordich Correspondence: All correspondence is on file. ROCKWOOD read the following agenda into the minutes: Project # Project Name Project Type #13-03 GlobalFoundries PDD Amendment #13-06 GlobalFoundries Fab 8 Construction Logistics Site Plan Amendment #12-06 Maple Forest Major Subdivision #13-06, GlobalFoundries Fab 8 Construction Logistics 400 Stone Break Road Ed Garrigan, CT Male presented, on behalf of the applicant. The application combines requests of the Towns of Malta and Stillwater. GlobalFoundries has started construction of TDC and has anticipated what will be needed for construction of the site. The TDC is located behind Administrative Building 2. Staging areas will be created in the area designated for the future Fab 8.2. During prior construction, soil was stockpiled behind the TDC and now needs to be moved off site. Parking for construction employees and GlobalFoundries employees will be created in the remaining are of POD 1 located in the Town of Stillwater. The new parking lot will allow for construction employee to be shuttled from the lot via Cold Springs, Wafer Way, and future drive off of Cordero Drive. A concrete batch plant is also proposed for the construction logistics of the TDC. However, no batch plant will be constructed for the TDC construction. When and if FAB 8.2 is built a concrete batch plant will be constructed in the Town of Malta in the vicinity of Rocket Drive and the main campus entrance. When the batch plant is constructed, a road will be constructed with four (4) lanes, two (2) lanes will be dedicated for

2 Page 2 of 9 concrete trucks. To allow for concrete trucks to move freely along the road, Jersey barriers or something similar will be put in place to separate the lanes. The construction of this road is for the purpose of keeping truck traffic off campus roads. The Cordero Drive stub will be utilized and will be brought up to subgrade level and Town standards. Most of the work will be in the Town of Stillwater. When parking lot D was constructed, an area for excess materials was needed so GlobalFoundries created the Lot D soil placement area, which is labeled as Laydown. GlobalFoundries would like to use the space for laydown and staging area of construction materials. The old helipad will be used as a staging area and no changes are proposed. GlobalFoundries has coordinated with LFTC to use 78± acres for construction logistic purposes. GlobalFoundries has no major issues with the Chazen comments. ROCKWOOD asked for clarification of property boundaries of GlobalFoundries relative to the proposed work. He also confirmed that GlobalFoundries has permission to use lands off site. GARRIGAN confirmed that LFTC and GlobalFoundries are working together and are in conversation with the use of the property. WALLINGFORD asked how long the proposed road along the batch plant will be. GARRIGAN indicated that the road will be approximately 1500 FT. LOEWENSTEIN asked how the construction workers will be shuttled from the large proposed parking lot. GARRIGAN stated that details have not been fully worked out but anticipate the use of Cold Springs Road, off site and then back onto the site. GARRIGAN stated that the shuttle service is not finalized at this time; however, shuttle service mostly likely will run on the shift with the anticipation of an emergency shuttle for workers that need to leave at non shift times. VIOLA asked where the closest residence would be in relation to the batch plant. GARRIGAN stated that the closest residence would be in the Luther Forest development. LAIME asked what the shift times are and when the shuttle service will be running. GARRIGAN stated that the shift times run from 6:00 AM to 7:30AM. There will be temporary lighting in the parking lot and no pedestrian walkways are proposed from the parking lot. ROCKWOOD expressed concern of the ability to shuttle 2000 workers in the allotted time. GARRIGAN confirmed that it can be done. WALLINGFORD asked where the buses will be parked when not in use. GARRIGAN stated the busses will be parked in the construction worker parking lot. The lot is to have security fencing and lighting. WOERNER inquired what will be done with the parking lot when it is no longer needed. GARRIGAN stated that it will be returned to grass. VLAHOS asked for clarification of C1 in the EAF which indicated a zoning variance. GARRIGAN stated it was an error and no variance was needed. Her review determined that the project is consistent with the LFTC GEIS, SEIS and Findings Statement and that there were no significant environmental impacts therefore, no further SEQR review is needed. LANARO stated that a comment letter dated March 13, 2013 was provided. He had met with representatives of the applicant to discuss the technical comments of the review letter and the items have been resolved. There were a few comments that related directly to the Town of Stillwater but technically should have no bearing on site plan amendment in the Town of Malta. The applicant will be providing written responses to the technical comments. ROCKWOOD noted that it appeared that Chazen had several SEQRA concerns. LANARO asked for clarification that heavy construction traffic would be contained to the site and not utilize Cold Spring Road as a principal route, with the exception of special permits for oversized loads.

3 Page 3 of 9 ROCKWOOD confirmed that the Board was only approving the aspect of the project that lies within the Town of Malta, the concrete batch plant utilization and the grading work. He also confirmed that the impacts of the batch plant were included in the existing SEQR. Motioned by: Wallingford Seconded by: Bowman RESOLUTION # Be it resolved that the Town of Malta Planning Board hereby determines that Project #13-06, GlobalFoundries Fab 8 Construction Logistics, SPA, is consistent with the LFTC GEIS, SEIS and Findings Statement and that the proposed site plan changes do not raise any specific significant environmental impacts that were not previously addressed or inadequately addressed in the previously prepared GEIS and SEIS, and the proposed amendments do not require the preparation of a second supplemental environmental impact statement. Vote: Smith Yes; Wallingford Yes; Loewenstein Yes; Woerner Yes; Laime Yes; Bowman Yes; Rockwood - Yes Motioned by: Wallingford Seconded by: Woerner RESOLUTION # Be it resolved that the Town of Malta Planning Board hereby approves the Site Plan Amendment for Project #13-06, GlobalFoundries, Fab 8 Construction Logistics, lying within the Town of Malta as presented at the with the follow condition: The Applicant shall satisfactorily address, in writing, and comply with the technical comments provided by the town engineer as set forth in the Chazen review letter dated March 13, Vote: Smith Yes; Wallingford Yes; Loewenstein Yes; Woerner Yes; Laime Yes; Bowman Yes; Rockwood - Yes #13 03, GlobalFoundries, LFTC, PDDA 400 Stone Break Road Matt Jones, The Jones Firm, Steve Groseclose, GlobalFoundries and Ed Garrigan, CT Male presented on behalf of the applicant. The application has been referred to the Planning Board from the Town Board. The applicant was before the Board on and at that time presented an overview of the proposed amendments. The Town Board has set a public hearing for April 15, 2013 on the SSDEIS. The County Planning Board provided comment letters on March 6 and 26, The applicant is anticipating that the Planning Board will provide a positive referral back to the Town Board. JONES reviewed the staff review, dated March 11, 2013, summarizing the proposed amendments to the PDD legislation. The proposed amendments to the legislation include: 1. Increase the allowable height by an additional 15 FT for rooftop appurtenances including stacks. 2. Increase the building footprint and deleting the redundant constraint on cleanroom space. The applicant is requesting a maximum footprint of 575,000 SF and clean room space up to 475,000 SF. The overall building footprint of Fab 8.2 will remain within the PDD maximum limitation of 980,000 SF.

4 Page 4 of 9 3. Modification of the offsite transportation mitigation measures. The applicant is seeking to eliminate the requirement of construction of Exit 11A in exchange for alternative mitigation measures of improvements to six intersections. LANARO referred to Chazen s technical comments and gave a brief summary of the comments. Most of the comments are in support of the environmental impact statement. There were minor comments supporting information to the PDD application. There are a total of 65 comments, 25 comments refer to the application itself and the remaining comments are technical comments. Workshops have been scheduled with staff on Fridays to develop approaches to address resolving technical comments. The Town Board is meeting on Wednesday mornings to make policy decisions. ROCKWOOD directed the Board to make recommendations to the Town Board based on the proposed amendments to the PDD legislation and put aside the SEQR issues. SCHACHNER recommended that the Planning Board weigh in on any aspect of the PPD amendment from the policy view that the Town Board might consider. MAROTTA asked if the SSDEIS and the PDD amendments need to be considered jointly. SCHACHNER stated that the Town Board cannot make a decision on the PDD amendment until the SEQR process is completed. SEQR process does not need to be completed for the Planning Board to make its recommendation. The Board discussed the proposed amendments. Building Height SMITH noted that CRB recommended that additional balloons be flown from Snake Hill for further evaluating stack height. LANARO mentioned that the County Planning Board had weighed in on the height of the stacks. There were technical comments relating to the stacks heights and there was a response to the comments. The comments were addressed and no longer an issue with the County Planning Board. ROCKWOOD asked if the building could be lowered into the ground or move the footprint of the building. JONES stated that it would not be practical. There are ground water limitations to be considered as well as engineering and logistical limitations by separating the building and moving it to the south. The Fabs are connected for product flow between the facilities. Air quality: There are some air quality thresholds with Fab 8.2 that are starting to be approached. They will not be over, but should be well under the threshold at full production. The FAB 8.1 permit became effect approximately two weeks ago. The TDC permit is in draft form and the Fab 8.2 modeling shows the standard at approximately 70 percent of its actual capped threshold. The EPA standard has changed and lowered the air value threshold; it is now 89 percent, as opposed to 70 percent. ROCKWOOD asked how GlobalFoundries will address the air quality issue if they go over the threshold. GROSECLOSE stated air quality is a production plan process and investment and the facility is responsible for staying within the thresholds. GlobalFoundries will have to comply with EPA standards. WOERNER asked if the stacks can be moved further into the building to help mitigate the visibility. GROSECLOSE the stacks are towards the sides along the east and west of the building. The north end of the building stacks are spaced out but will be visible. The stacks cannot be moved to the south, the facility is approximately ¼ mile long. ROCKWOOD asked if color can mitigate the visual impact of the stacks. GROSECLOSE confirmed that color can be used to mitigate the visual impact of the stacks. JONES reminded the Board that they will have the opportunity to comment on visual impacts during the Site Plan process. LAIME, WOERNER AND LOEWENSTEIN had no concerns with the footprint and the clean room.

5 Page 5 of 9 Traffic: WALLINGFORD stated he is in favor of Exit 11A being pursued and realizes that it will take eight to ten years for it to become a reality. The Board needs to keep in mind the future build out of the Park and believes that Exit 11A will address those problems. Wallingford was also concerned with the County s recommendation of constructing a new road in the vicinity of Usher Road and obtaining numerous rights of way with direct access to the GlobalFoundries site. GlobalFoundries will have to move forward with recommended alternative mitigation of the six recommended intersections and also continue working toward the development of Exit 11A. BOWMAN stated that the financing of Exit 11A needs to be addressed along with the alternative mitigation. WALLINGFORD stated that GlobalFoundries is a factor and may have the potential to influence the Federal, State, and Local governments. The question is who will pay for the traffic mitigation. JONES stated that phasing of mitigation is under discussion with the Town and the cost issue has not been resolved. GlobalFoundries does support the construction of Exit 11A. They have met with DOT regarding the proposed Exit 11A. However, Exit 11A has not been pursued and GlobalFoundries is seeking to move toward construction of the third FAB earlier than was predicted in the 2004 EIS. SCHACHNER stated that the current SEQR documentation has a condition to build Exit 11A prior to building Fab 8.2. The applicant is requesting to remove the condition from legislation, stating that it has to be built prior to construction of FAB 8.2. WOERNER suggest that a Plan B be made for some of the mitigation measures if land cannot be acquired from private land owners. She noted that the Round Lake corridor traffic study excludes a traffic signal at the southbound exit ramp of Exit 11, and that there should be a coordinated effort with the Round Lake Corridor traffic study. LANARO asked if the traffic signal could be considered a technical SEQR comment. LOEWENSTEIN is concerned with letting construction get ahead of addressing the roads and utilities. LANARO noted that phasing mitigation options will be addressed as part of the technical comments. SMITH expressed concern that the Stewarts Shop and TrustCo Bank, located at Route 9 and Route 67, will have taking of lands and eliminate their parking. He is also concerned with the intersections in the Town of Stillwater Route 9P, Route 67 and Cold Springs Road. He is also concerned with shifting traffic to Exit 10 in Clifton Park without having conversations with Clifton Park. SMITH is in favor of Exit 11A in the future and is not in favor of removing it from the SEQR. SMITH also noted that adequate supplies of water, sewer and utilities are provided. WOERNER agreed that future planning of infrastructure needs to be addressed/ identified/ plans in place for future business in the Park. JONES reassured the Board that GlobalFoundries meets with utility companies to ensure that capacities are available. LANARO stated that the utility issues will be addressed as part of the technical comments. SCHACHNER reminded the Board that their role is to make recommendations on the four proposed PDD Amendments. The Board discussion so far has been to address the approval of the following: 1) Stack height increase, subject to further consideration of possible coloration or treatment of the stacks to minimize visual impacts. 2) Square footage modifications of the clean room and the building footprint. 3) Eliminate the requirement of construction of Exit 11A and alternative traffic mitigation issues that the Town Board should be looked into further. WOERNER stated that it is impractical to retain the restriction of the requirement to construct Exit 11A.

6 Page 6 of 9 LAIME supports the elimination of the requirement to construct Exit 11A prior to occupancy, but would like to keep the legislation for future construction. He recommended that the Town Board explore all possibilities of mitigating the traffic as well as the proposed six intersections. LANARO noted that it sounds like the Board is in favor of a phased occupancy plan for additional mitigation of traffic as part of the legislation. BOWMAN agrees with the pursuing the six alternative intersections and recommended that Exit 11A be kept in the legislation for construction in the future so as not to lose sight of constructing the exit in the future. MORATTA asked if there was an original plan and location for Exit 11A and that it appears that the Round Lake Bypass is part of the plan for the building Exit 11A. She noted that she did not think phasing in mitigation would be the best alternative. LANARO noted that the Exit 11A numbers indicate that it is not warranted by the traffic being generated by 8.2 and build out of POD 1. In order to support Federal approval for that exit, as petitioned by the State DOT, adequate impacts must warrant a new exit. The PDD is a plan for the Luther Forest Technology Park, not just for GlobalFoundries. She agreed with Smith s comments on intersection concerns. VIOLA agrees that the offsite traffic mitigation should be included, in addition to Exit 11A, and that Exit 11A be actively pursued. He also noted that additional build out of the Town needs to be considered as part of pursuing Exit 11A. LANARO noted that one issue that has come up that is specific to the Town Wide GEIS, is components specific to growth of traffic implications that require mitigation and how those fees are secured. If Exit 11A is pushed out to some later date or other measures need to be incorporated in lieu of Exit 11A, all subsequent impacts will need to be reevaluated as part of the TWGEIS. This will be a policy issue that needs further discussion by the Town Board. MIKE HARTMAN, Chazen, noted that that there are 16 technical comments on the revised GEIS and have been working with the applicant s traffic engineer. They will be working at the workshops to resolve some of them. Some comments are specific in nature and other very general. The basis of the GEIS suggesting that Exit 11A is not needed is the fact that their proposed mitigation rectifies the degradation in service at various intersections. The proposed mitigation measures are on State highways and if an agreement has been made, NYS DOT will still need to agree. The second issue of Exit 11A is that the Federal Government has final approval on any new interchange on the Interstate. Their concern is how it impacts exits to the south and north on the interstate highway. Their secondary concern is what it alleviates off the interstate highway system. It is up to the local and State governments to convince them that it is necessary. WENDY HOLSBERGER, Creighton Manning, noted that the State has highways within the Town and is very involved with the process of the new interchange. Most of the comments from the Planning Board are in the technical comments and the GEIS. The traffic impact study has been updated as of 2/27/13. The applicant is working on addressing the traffic issue. ROCKWOOD asked, if there were no boundaries, how far away the applicant would look to mitigate the traffic. HOLSBERGER stated that the applicant has looked at 28 intersections in detail. The mitigation shown does provide adequate mitigation based on DOT procedures for levels of service and what the applicant is required to mitigate. ROCKWOOD recommended that the applicant look further to the west, north, south, and east by expanding their view and to look outside of Malta and Stillwater to mitigate traffic. He would like a recommendation that expands the search to a broader circle and find additional mitigation measures. LANARO noted that Rockwood s comments will be incorporated in the technical comments.

7 Page 7 of 9 Resolution # Motioned by: Woerner Seconded by: Wallingford Be it resolved that the Malta Planning Board gives a positive recommendation to the Malta Town Board for the approval of Project #13-03, GlobalFoundries, LFTC Planned Development District Amendment, requesting modifications to PDD No. 46 legislation, with the following recommendations for consideration: Minimize visual impact of stacks on buildings. Support elimination of Exit 11A as requirement for approval but it should remain in the PDD language with other triggers (build out of the LFTC Park) to be determined, and recommends pursuing Exit 11A approvals immediately. Expand traffic impact study area to include towns beyond Malta and Stillwater, if mitigation measures can be more impactful than what has been presented. In favor of phasing in traffic mitigation measures as required. Vote: Smith Yes; Wallingford Yes; Loewenstein Yes; Woerner Yes; Laime Yes; Bowman Yes; Rockwood - Yes #12-06, Maple Forest (Major Subdivision) 106 East Line Road Scott Lansing, Lansing Engineering, presented on behalf of the applicant. Lansing gave a brief overview of the timeline of submission of two concepts presented to the Board in The applicant had moved forward with preliminary engineering of design number two, which at the time the Board had deemed as a preferred plan. The Board did have some concern with the layout of the plan and no Town engineering review was completed. The County Planning Board recommended connectivity between neighborhoods and to have one curb cut on East Line Road. At the January 15, 2013 meeting there was discussion of a hybrid of options number one and two. The applicant has designed a third option, with one access on East Line and an emergency access road to Alpine Approach. The applicant is asking the Board to make a recommendation on which concept the Board prefers. The applicant is still proposing 18 lots, which includes a density bonus. He would like to postpone the Board s decision on density bonus for a later date. LANSING stated that he spoken with Roger Crandall, Town Highway Superintendent, and he would like the road to be built to Town standards and the gates eliminated. BOWMAN spoke with Roger Crandall, and that he was not in favor of an emergency access. VLAHOS noted that if the HOA retained ownership of the road and the Town did not have to maintain the road it could be gated. However, the HOA would have to be responsible for plowing. ROCWOOD asked if the applicant is planning to dedicate the road. LANSING noted that they can because they have a 60 foot right-of-way and the road can be built to Town standards. ROCKWOOD asked if the Board was in favor of Option #3. BOWMAN, LAIME, LOEWENSTEIN, WALLINGFORD, SMITH, ROCKWOOD and WOERNER are all favor of Option #3. WOERNER suggested that the applicant make the main road in a serpentine construction, so as it does not have a straight approach to Alpine Approach. She also recommended that the entrance from East Line be moved to the South a little further. LANSING stated that the road could be sharpened for traffic calming. WALLINGFORD would like the road built to Town standards with a connection to Alpine Approach and dedicated to the Town. SMITH asked whether the length of road is over the 800 FT. LANSING stated that the road is approximately 1,400 FT. VIOLA did not have comments to add and noted that he was not familiar with the site and he was not at the site walk through. ROCKWOOD opened the public hearing at 8:35 PM. ROSEMARY CAPLOWAITH, 18 Alpine Approach, is against the connection of the two developments. WOERNER noted that the development of the property, whether 16 or 18 homes, is going to require utilities and the utility companies are mandating the stub road.

8 Page 8 of 9 ANN TAYLOR is against the road connection. She noted that Country Knolls will be impacted by the opening up to East Line Road. She is also concerned with ground water runoff. KATHLEEN ZEGARELLI, 78 Blue Spruce, is against the road connection and concerned with stormwater leaving the site. ROCKWOOD stated that stormwater does not leave the site. JOAN SEELEY, 4 Hudson Court, is concerned with the visual impact on her property and the buffer between her property and the proposed development. She would like post lamps rather than street lights for lighting of the neighborhood. OLEG SMOLOVIK, 21 Alpine Approach, is against the connection of Alpine Approach. He stated that he prefers Option #2, the horseshoe design. He stated he does not understand the need for the connection of the two developments. DAVID GIBSON, 107 East Line Road, is concerned with lighting and would prefer no lighting of the entrance. He stated that no other subdivision on East Line has lighting at the intersection. He would like the applicant to retain as many trees as possible. He is not in favor of the density bonus. CINDY TROISCHT, 17 Alpine Approach, is concerned that home values will decrease. She is also opposed to the road connection and would like no access road. ROCKWOOD confirmed that the length of the road dictates the need for a second exit/entrance. He also confirmed that the proposed plan is viable with gates and that the Town will not plow it if it has gates. If it becomes a Town road and the Town maintains the road. SCHACHNER reminded the Board that the Town only maintains the road if it is a Town road. He noted that the applicant will need to file an application with the Town Board to accept the road as a Town road. WALLINGFORD stated that regardless of which plan is chosen the utilities will need an access. LOEWENSTEIN is not in favor of granting a density bonus of two lots, which could reduce the visual impact of the existing homes. WOERNER recommended that the road be serpentine to discourage use. ROCKWOOD reminded the public and the Board that the land owner has the right to develop the property SCOTT LANSING stated that the lots and open space were taken into consideration when proposing a cluster subdivision. His interpretation of the County response is neighborhood connectivity, good planning and traffic management. WOERNER is in favor of the cluster subdivision and but not the density bonus. The consensus of the Board is not to grant a density bonus. LANSING would like to discuss density bonus a later date. He noted that sidewalks are being proposed as a community benefit, as well as, preserving open space. The utilities are being looped out to East Line Road. The applicant is also proposing to fix an existing sewer problem in Country Knolls. LANSING advised the Board that there are mature trees on the site that the applicant is trying to preserve them as well. ROCKWOOD advised the applicant that plan number 3 is the preferred plan by the Board and that the applicant should plan on retaining the road for some time. The public hearing will be kept open.

9 Page 9 of 9 ROCKWOOD reminded the Board of upcoming planning conferences: NY Planning Federation, April at the Gideon Putnam, Saratoga Springs. Local Government Planning & Zoning Workshop, June 20 at Hudson Valley Community College. Wallingford motioned to adjourn the meeting at 9:30 p.m. seconded by Smith motion carried. Respectfully submitted by Floria Lowin Planning Board Secretary