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

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1 Town of Malta Planning Board 2540 Route 9 Malta, NY (518) Fax: (518) William Smith - Chairman Dave Bowman Kyle Kordich Roger Laime Jean Loewenstein John Viola David Wallingford Darren O Connor (Alt) Joseph Lopez (Alt) Anthony Tozzi - Director Sophia Marruso - Senior Planner Shelley Norton Senior Planner Floria Huizinga Planning Exec. Secretary Mark Schachner 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: Absent: William Smith, David Wallingford, Roger Laime, Dave Bowman, John Viola, Darren O Connor (alt), and Joseph Lopez (alt). Leah Everhart, Town Legal Counsel; Sean Doty, Town Engineer; Sophia Marruso, Senior Planner; Floria Huizinga, Planning Executive Secretary Kyle Kordich and Jean Loewenstein Correspondence: All correspondence is on file. SMITH read the following agenda into the minutes: Project # Project Name Project Type Burns Special Use Permit Kelch Drive Concept Project Plan GlobalFoundries Fab8 Construction Logistics Site Plan Amendment Extension #16-05, Burns, Special Use Permit 3 Maple Forest Dr. The applicant, Dennis Burns, requested a Special Use Permit to construct a two-family home on a vacant lot within the Maple Forest subdivision. The home will be a ranch style home with an 800 square foot apartment in the basement. The apartment will have access through the garage and a rear walkout basement patio. MARRUSO stated the applicant must receive approval of a special use permit for a two-family home. The Maple Forest subdivision was created out of the open space law which granted substandard lot sizes for single family residences and is zoned R-1. Single family residential and two-family residential have the same minimum bulk requirements. Code enforcement and Planning staff have determined that the modified bulk requirements of the single family lots within the open space subdivision also apply to the specially permitted two-family residential use. Construction of the home will need to comply with NYS building code. Staff evaluated the criteria and found that the two-family home will have a minimal impact. Utilities will be serviced by Clifton Park Water Authority and Saratoga County Sewer District.

2 Page 2 of 6 WALLINGFORD asked Ms. Marruso if the Applicant s request meets the Special Use Permit criteria. MARRUSO reviewed with the Board the Special Use Permit criteria in of the Town of Malta Zoning Ordinance and stated the use is compatible with the neighborhood. SMITH asked Mr. Burns to verify access requirements to the apartment with the Building Department. BURNS stated he had already discussed building requirements with the building department. SMITH opened the public hearing at 6:38 PM. CYNTHIA TROISCHT, 17 Alpine Approach, stated that neighboring residents of Maple Forest were not in favor of the subdivision and that she is not in support of the two-family home and thought that a duplex was not a good fit with the neighborhood. She also stated, in her opinion the subdivision lacked green space. SMITH closed the public hearing at 6:39 PM. BURNS advised Ms. Troischt her that the home will look like a ranch single-family home and showed her a rendering of the home. Motion by: Wallingford Seconded by: Bowman RESOLUTION # Be it resolved that the Planning Board finds, Project #16-05, Burns Special Use Permit, is a SEQRA Type II Action with no further environmental review required. Vote: Wallingford Yes; Laime Yes; Bowman Yes; Viola Yes, Lopez Yes; O Connor Yes; Smith Yes Motion by: Bowman Seconded by: Viola RESOLUTION # Be it resolved that the Malta Planning Board on the 15 th day of March 2016, approves Project #16-05, Burns, Special Use Permit, as presented, as it meets all of the criteria listed in the Special Use Permit Section of the Town of Malta Zoning Ordinance for the following use: Two-family residence. Vote: Wallingford Yes; Laime Yes; Bowman Yes; Viola Yes, Lopez Yes; O Connor Yes; Smith Yes #13-06, GlobalFoundries Fab8 Construction Logistics, SPA Extension 400 Stone Break Rd. Greg Connors, GlobalFoundries, presented on behalf of the Applicant. The Applicant requested a two year extension of the site plan approval. The approved site plan of March 26, 2013 facilitates construction of the Technology Development Center (TDC) as well as other future phases of development on the Fab 8 Campus by shifting construction staging and parking areas off of the GlobalFoundries property onto property owned by the Luther Forest Technology Campus Economic Development Corporation (LFTCEDC). CONNORS reported that Phase 3 was recently concluded and the construction logistics area advanced the plan. The Applicant intends to use the same area for future construction at the FAB8 campus. If changes are made to the plan in the future, the Applicant will return to the Planning Board for approval.

3 Page 3 of 6 MARRUSO stated the Planning Board can grant up to a two year extension. Motion by: Wallingford Seconded by: Laime RESOLUTION # Be it resolved that the Malta Planning Board on the 15 th day of March, 2016, grants an extension of approval for Project #13-06, GlobalFoundries Fab8 Construction Logistics, Site Plan Amendment, with the following condition: The extension of approval is granted for two years from March 26, 2016 to March 26, Vote: Wallingford Yes; Laime Yes; Bowman Yes; Viola No; Lopez Yes; O Connor Yes; Smith Yes #14-11, Kelch Drive, Concept Project Plan Kelch Dr. & Route 67 Robert Miller and Tim Miller, Windsor Development Group, and Troy Wojciekofsky, Stantec, represented the applicant. R. MILLER presented an overview of the proposed project. The Applicant is proposing to construct a new mixed use project consisting of 18 buildings: (4) 2-story mixed use, (2) single-story shop front, (11) multifamily residential buildings, and 1 hotel. The project is located on 46+/- acres at the corner of Route 67 and Kelch Drive. The site consists of 7 separate parcels within the Form-Based Code zones DA-2, DN-4 and RA-3. The project will create a walkable area for pedestrians and meet automobile needs for access to retail. The commercial area consists of 7 buildings (6 mixed shop front and 1 hotel). The residential area consists of 11 three-story apartment buildings and a club house with surface and garage parking. Kelch Drive will connect to Kendall Way and will also be extend to the north ending in a cul-de-sac with potential for future connection. Pedestrian connectivity is incorporated throughout the development with the potential to connect to the development to the north. Traffic has been looked at preliminary and full traffic engineering will be completed. The Form-Based Code requires a minimum amount of amenity space and final areas are to be determined and will meet the requirements. Architectural renderings were also presented; a typical two-story shop front and an apartment building with flat roof designs were presented. Anticipated façade materials will be of masonry and hardy board. The Planning Department has not received conceptual renderings. R. MILLER stated that his company does not build things in hopes that tenants come but builds due to market demands. The project is laid out into two phases, commercial and residential. Residential demands are being driven by the millennium and empty nester demographics looking for apartments. TROY WOJCIEKOFSKY, Stantec, reviewed technical details of the project. The project will be served by Saratoga Water Services (SWS) with a connection at Price Chopper on Kendall Way and to the south at Saratoga Blvd. Twelve inch mains are proposed. The Applicant has been working with SWS to prepare an application to the Public Service Commission; SWS needs this approval in order to extend their services. The Applicant has been asked to extend the main to the corner of Laura and Anthony Drives.

4 Page 4 of 6 Sewer will be provided by Saratoga County Sewer District. Gravity sewers will feed to a central pump station. It will pump under Route 67 over to Blacksmith Drive. Other utilities will be located underground as well. The stormwater management system consists of a combination of features to meet the NYS DEC requirements. At the center of the residential area there are Army Corps wetlands, and the property sheds to the wetlands naturally. The residential stormwater management area will include surface ponds. The commercial areas will have bio retention areas and underground retention. The project will be reviewed to meet NYS Fire Code. All buildings will be sprinklered. The Concept plan accommodates a 105 feet aerial apparatus throughout the residential and commercial areas. The Applicant will work with the Fire Departments to ensure they accommodate their most demanding vehicle. Parking: The residential area will consist of a mix of surface parking, garages and on street parking. Landscaping designs will meet the FBC requirements. Town roads will have street trees. LED lighting fixtures will most likely be installed and heights will comply with Town Code, maximum heights of 30 feet in parking lots and 15 feet in pedestrian areas. MARRUSO stated that the project presented is the concept phase of the project plan and full engineering is not required at this time. The Applicant will submit full plans after the public hearing and work with the Planning Department and Town engineer for the final components of the project. At this level the things reviewed were the bulk standards of the project (layout, building setbacks, parking setback, build to zone, occupancy, square foot print, parking, building square footprints). The project is compliant enough to proceed to the final project plan phase. If there are issues the Applicant cannot comply with, they can seek variances from the Zoning Board after this public hearing. The Form-Based Code process was revised in 2015 by the Town Board so that variances can be sought after the public hearing. Generally the layouts presented comply with the Form-Based Code (FBC), relative to occupying the street edge, building placement, and uses corresponding with their building types. However, the proposed hotel is using a different building style than is permitted in the FBC and staff has identified a path forward by either revising the building type or seeking a variance. Adequate parking appears to have been provided according to the FBC ratios. The outdoor amenities space seems to be on target; staff will be looking for greater details and schematics. The project does provide street connectivity, as well as, the PDD keeper of connectivity to The Shops of Malta. The Town does recognize the issues of rectifying the difference of road standards in the FBC and the Highway Standards and will look to resolve the issues. SEAN DOTY, Chazen Engineering, summarized his review, dated March 9, 2016 as follows: a) Intent to serve letters will need to be provided by both Saratoga Water Services and Saratoga County Sewer District. b) Several roads are to be conveyed to the Town and the Applicant is to keep the Highway Department informed as they move forward with road design. c) The traffic study should be coordinated with the Town prior to advancement. d) Plow truck maneuverability plans will need to be provided to the Town. e) The project must meet NYS Fire Code. f) A few roads are undersized and need revising to meet code, as all roads, both public and private, will need to meet Town Highway Standards. g) The cul-de-sac is slightly undersized according to Town Highway Standards and the connection at the throat of the cul-de-sac should be moved to the center. DOTY stated he met with Roger Crandall, Highway Department, and reviewed Mr. Crandall s comments with the Board: a. The existing portion of Kelch Drive has deteriorated and requires full depth reconstruction, will/shall be completed in accordance with Town Highway Standards.

5 Page 5 of 6 b. No islands shall be incorporated into the parking lanes as they prohibit efficient plowing operations of the same (if islands are required, striping should be used). c. The crown of the road shall run at a constant slope from the crown through proposed parking lanes such that the curb line acts as the gutter line. d. Snow storage along the proposed Town roads in some areas appears to be lacking. Additional information regarding anticipated snow storage by the Applicant should be presented. e. The existing section of Kendall Way (located east of the project site) is not a Town Road. As such, Kendall Way Extension East shall terminate in a hammer head or cul-de-sac (constructed to Town Standards) at its interface with Kendall Way until such time Kendall way is reconstructed to Town Standards and offered to the Town for dedication. f. Stormwater Management facilities shall be maintained by the project developer. g. All catch basins proposed for the project shall be cored and sealed. h. The Town Highway Department does not currently have proper equipment or offsite snow storage areas to preform winter maintenance for the proposed on street parking lanes. i. Roadway underdrains will be required for all site roadways. j. Design speeds shall be presented on the plans (along with speed limit signs). WALLINGFORD had the following concerns: a) fire apparatus accessibility; b) snow storage and the need for trucking it off site; c) project density; d) Kelch Drive roundabout may be stressed with the increased volume of traffic. He asked Mr. Doty if the Kelch Drive extension complies with the NYS Fire code requirements and whether it would need a turnaround. DOTY advised that it has interconnecting streets; therefore, there is no need for a turnaround. A traffic study will look at intersections adjacent and nearby the project. WALLINGFORD said he would like to take away the on street parking. LAIME had the following concerns: a) snow storage; b) lighting spillage to be minimized; c) stormwater management meeting requirements; d) landscaping should be given considerable consideration and will be a key component; e) large demand for signage needs for commercial tenants; f) waste removal locations and shielding; g) buffering of the residential neighborhoods and the Dunning Street Cemetery. BOWMAN agreed with comments from Wallingford and Laime and reiterated his concerns: a) buffering of the cemetery and neighboring residential neighborhood (Northway Estates) and b) fire apparatus maneuverability. VIOLA had the following concerns: a) project density; b) impact on Northway Estates and the Cemetery and recommended privacy fencing along Northway Estates; c) fire safety and fire apparatus maneuverability. LOPEZ had the following concerns a) volume of traffic created by the project; b) whether Kelch Drive and the roundabout can handle the increased traffic; c) unfamiliar drivers with roundabouts; d) adequate stormwater management and the existing pond on site; e) maintenance of existing pond and stormwater ponds; f) buffers. R. MILLER stated that Ozzy Blow had requested the trees along the cemetery be removed because of limbs falling on headstones. The Applicant has had a good working relationship with Mr. Blow and will continue to work with the Cemetery Association to create a buffer. O CONNOR agreed with previous comments made by Board members. He asked if residents will need to walk along Kendall Way Extension to get to Route 9. WOJCIEKOFSKY stated they would and that sidewalks are not planned to connect to Route 67 (Dunning Street), other than via Kelch Drive.

6 Page 6 of 6 SMITH noted that a letter was received from Northway Estates today expressing their concerns. SMITH summarized the Boards concerns and recommendations as follows: Fire Safety and adequate access for fire apparatus. Construction of a grass pave that supports an aerial ladder truck along two to three sides of the apartment buildings. Apartment buildings construction to be of metal construction rather than wood frame. Applicant to work with Shops of Malta to upgrade the portion of Kendall Way to meet Town Highway Standards. Stormwater management compliance. Snow removal/storage. Buffers along Northway Estates and Dunning Street Cemetery to include fencing and shrubs. Traffic study. SMITH opened the public hearing at 7:27 PM. LAURA CATON, Northway Estates, expressed concerns with the density of the project and would like a buffer to include a fence and trees. Northway Estates is a community of senior citizens and they would like to protect and provide them with privacy and security. ROY ARNOLD, Dunning Street Cemetery, agreed with Board members comments and stated the Cemetery Association would like a vegetative buffer along the cemetery. ROGER CRANDALL, Highway Superintendent stated he is concerned with the connection to Kendall Way, which is a private road. He noted that Highway Department is not set up for snow removal and that Town Board needs to address this issue. He also stated street trees should not hang over the road way. FRANK MAZA, Round Lake Fire Department, agreed with Board member comments and stated he would like fire access on three sides of buildings. SMITH closed the public hearing at 7:30 PM. Planning Board Business BOWMAN motioned to accept the February 16, 2016 minutes, seconded by Viola, motion carried. Laime abstained. WALLINGFORD motioned to adjourn the meeting to the next regular meeting or any other meeting necessary for the conduct of the Planning Board, seconded by LAIME, motion carried at 7:35 PM. Respectfully submitted by, Floria Huizinga Planning Board Secretary