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 Darren O Connor (Alt) Joseph Lopez (Alt) Town of Malta Planning Board 2540 Route 9 Malta, NY (518) Fax: (518) Anthony Tozzi - Director Sophia Marruso - Senior Planner Shelley Norton Planner Floria Huizinga - Planning Exec. Secretary 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, Kyle Kordich, Jean Loewenstein, Roger Laime, Dave Bowman, John Viola, Darren O Connor, and Joseph Lopez. Mark Schachner, Town Legal Counsel; Sean Doty, Town Engineer; Anthony Tozzi, Director; Sophia Marruso, Senior Planner; Floria Huizinga, Planning Executive Secretary Absent: Correspondence: All correspondence is on file. SMITH read the following agenda into the minutes: Project # Project Name Project Type Travers Meadows Planned Development District Amendment Adirondack Aquatic Center Planned Development District French Special Use Permit Greco Special Use Permit GlobalFoundries/LFTC EDC Lot Line Adjustment Woodfield Mixed Use Site Plan Shecky Development Major Subdivision #15-25, Travers Meadows (Planned Development District) Maiden Circle Scott Lansing, Lansing Engineering, presented on behalf of the applicant Paul Hodorowski/John Luke Development. The applicant s request for a Planned Development District (PDD) amendment was referred to the Planning Board by The Town Board on November 16, The applicant is proposing revisions to the PDD to remove proposed cast-in-place mountable concrete curb from Phase 3 construction and replace with 2 feet asphalt wing curb edge. There are no proposed changes in drainage. The amendment is for ease of maintenance of the road. Roger Crandall, Highway Superintendent, has given the applicant positive feedback.

2 Page 2 of 13 SOPHIA MARRUSO stated that the project is a referral back to the Town Board and no SEQRA action is needed. The Planning Board is to provide the Town Board with a positive recommendation, positive recommendation with conditions or negative recommendation. She reported that she met with Roger Crandall, Highway Superintendent, and he reported there have been difficulties maintaining the curb design of the first two phases of the project. SEAN DOTY reported he met with Roger Crandall, Highway Superintendent. Mr. Crandall had four comments in regard to the project. 1. Mr. Crandall is in favor of substituting the wing edge curb for the cast-in-place mountable concrete curb. 2. The wing edge will start at the same location that the concrete curb would have so that there is no reduction is the travel lane. 3. The mailboxes are to be consolidated, as is the practice in new developments. 4. The islands which are part of the boulevard on Damascus Way at the entrance and exit to the development be eliminated. ANTHONY TOZZI advised the Board that the Travers Meadows HOA attorney is was present. LIBBY CORINO, Carter Conboy, Travers Meadows HOA Attorney, reported that the homeowners are in favor of the amendment and would like the Planning Board to consider expanding the change to all phases of the Planned Development District. She advised that the HOA is responsible for the cost of the repairs of the curbs and over the long term it would be an expense that will be very high for Phases 1 and 2. The HOA would like all the curbs be replaced with the wing edges. LOEWENSTEIN asked if width and other elements of the sidewalks will be maintained. LANSING stated the design of sidewalks will stay the same except for shifting 15 inches. WALLINGFORD asked if Phase 1 and 2 would be repaired while Phase 3 curbing is being put in. LANSING stated it is the Applicant s intent to construct Phase 3 and not return to Phase 1 and 2. DOTY reported that the Applicant had desired to dedicate Phase 2 roads to the Town this year. Curb repairs throughout Phase 2 have been made. The curbs do get scarred due to the roadway width. LAIME asked how the Applicant feels about the elimination of the islands and consolidation of the mailboxes. LANSING stated the Applicant has not made a decision on the elimination of the islands. BOWMAN, LOPEZ and O CONNOR agreed that wing edge curbs be used the islands should be removed. PHILP REYNOLDS, Travers Meadows homeowner, asked for clarification of the road width would stay the same and was concerned with what would happen to his mailbox. LANSING reiterated that the mailboxes will shift back 15 inches and wing edges will be added. The sidewalks currently in place would not be moved. VIOLA asked how many homes are in Phase 3. LANSING stated there are approximately 40 homes in Phase 3.

3 Page 3 of 13 Resolution # Motioned by: Wallingford Seconded by: Bowman Be it resolved that the Malta Planning Board on the 17 th day of November, 2015, gives a positive recommendation to the Malta Town Board for the approval of Project #15-25, Travers Meadows, Planned Development District Amendment, with the following conditions: Wing edge curb to start at the same location as the concrete curb line with no reduction in the travel lane. Mailboxes to be consolidated, as is the practice in new developments. Elimination of the islands on Damascus Way at the entrance and exit. Vote: Wallingford Yes; Loewenstein Yes; Laime Yes; Bowman Yes; Viola Yes; Lopez Yes; Smith Yes #15-17, Adirondack Aquatic Center (Planned Development District) 633 Route 67 & Sate Farm Place Bill Smith, Chairman, recused himself from participating in the discussion of this project due to a conflict of interest. LIBBY CORENO, Esq., Carter Conboy, presented on behalf of the applicant. Also in attendance were Travis Mitchell, Environmental Design Partners (EDP); Kara Harris, Adirondack Aquatic Center. CORENO presented an overview of the project. The proposed PDD consists of 9.7 acres; it will include a 60,000± SF aquatic facility, 250 parking spaces with ingress and egress from State Farm Place. A conceptual rendering was presented with views from Route 67 and rear parking lot. The proposed building will be two stories and have an open element to the sky design. The first floor includes pools, locker/changing rooms, classroom and restrooms. The second floor will be open to the first floor, have spectator seating, concessions, restrooms, and exercise space. Proposed uses: Competitive swimming and diving meets; aquatic rehabilitation therapy; swimming lessons; swim club practices; recreational swimming; training rooms; small retail shop; education classes; locker rooms. Project details: A 60,000 sf, 60 feet high building is proposed and includes the following: Community, multi-use pool (25 yards by 22 lanes). Teaching pool (25 yards by 8 lanes). Aquatic therapy pool (15 x 20 ft.) with entry ramp. 25 yard, 6 lane diving well. Dry space with classroom areas, meeting rooms, exercise/weight room, studio/multi-purpose area, small retail shop and locker rooms. Spectator seating and concessions. 8 lane outdoor pool is proposed in the future. Traffic details: The entrance to the facility will be from State Farm Place west. Peak AM hour trips are anticipated to be 100 (50 entering and 50 exiting) and 204 trips in the PM peak hour (118 trips entering and 86 trips exiting). A left turn lane from Route 67-west will likely be necessary. The existing roundabout provides an alternate entrance through State Farm Place. A full traffic report will be submitted to the Town for review.

4 Page 4 of 13 The Town of Malta Comprehensive Plan, Neighborhood 7, Route 67 corridor, calls for appropriate recreational uses. The applicant is requesting a positive referral to the Town Board from the Planning Board. MARRUSO advised the Board to provide a positive or negative referral to the Town Board. She provided a brief review of her evaluation of the project. The Exit 12 area was originally identified as being an appropriate site for recreational uses. It is a compatible use to the medical center north of the proposed site. This is a prime location for this development, as Route 67 is a major traffic corridor and has capacity now and in the future. The applicant is requesting the Town wave recreation fees for the project. Planning staff recommends that signage should be considered during PDD review by the Town Board. DOTY stated that he had not reviewed the project. LAIME inquired if food service is planned for the facility. CORENO stated that a small concession area is planned to serve the aquatic center only. VIOLA asked where the pump houses are to be located. CORENO stated the pumps will be located on the first floor at the northeast edge of the building near the dive well. LOPEZ asked what will happen to the existing pond. CORENO as of now it will be left natural. O CONNOR asked how and when the community will use the facility. CORENO stated a facility study has been done and proposed uses for the community include lap swim, high school swim teams, aquatic therapy and open swim. LAIME noted that the proposed building has a lot of glass and asked if there has been consideration to light spillage at night from the building. CORENO stated that light mitigation can be discussed and that the renderings are not the final design. WALLINGFORD stated that project was a great project. He did express concerns with traffic in the AM and that the roundabout may be put to a test for handling the volume. TOZZI commented that traffic would most likely be during off peak hours. A benefit of the project is that patrons would be going to the downtown to eat.

5 Page 5 of 13 Resolution # Motioned by: Loewenstein Seconded by: Viola Be it resolved that the Malta Planning Board on the 17 th day of November 2015, gives a positive recommendation to the Malta Town Board for the approval of Project #15-17, Adirondack Aquatic Center, Planned Development District, with the following conditions: Signage language to be included in the PDD legislation. Limits on interior lighting spilling from the building to be included in the PDD legislation. Town to waive recreation fees. Vote: Wallingford Yes; Loewenstein Yes; Laime Yes; Bowman Yes; Viola Yes, Lopez Yes; O Connor Yes 15-22, French, Special Use Permit 420 Brownell Road Bill Smith, Chairman, recused himself from participating in the discussion of this project due to a conflict of interest. Ronald French requested a Special Use Permit to apply a two-family use at his existing residence. He intends to construct an addition on his home for a second residence. O CONNOR and LOPEZ had no comments LAIME asked if there are separate entrances for both residences. FRENCH advised there are separate entrances and one is from a deck on the west side of the home. LOEWENSTEIN asked if Mr. French s septic system can handle the additional residence. FRENCH replied that the septic can handle it. WALLINGFORD asked the Board to review the 10 criteria listed in the Special Use Permit Section of the Town of Malta Zoning Ordinance. LAIME stated that the project meets all 10 criteria and the Board agreed. WALLINGFORD opened the public hearing at 7:13 PM; there were no comments from the public and the public hearing was closed at 7:14 PM. SCHACHNER advised that a Special Use Permit is a Type 2 SEQRA action which does not require SEQRA review. Motion by: Bowman Seconded by: Viola RESOLUTION # Be it resolved that the Malta Planning Board on the 17 th day of November 2015, approves Project #15-22, French, 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.

6 Page 6 of 13 Vote: Wallingford Yes; Loewenstein Yes; Laime Yes; Bowman Yes; Viola Yes, Lopez Yes; O Connor Yes; #15-21, Greco (Special Use Permit) 2116 Rowley Road Jean Loewenstein and Joe Lopez recused themselves from participating in the discussion of this project. Glen Greco requested a Special Use Permit to apply a two-family use at his existing residence. He stated the septic system will be upgraded to a 1,200 or 1,500 gallon tank. He noted that there are two-family homes to the north and south of the Greco residence. MARRUSO advised that the Building Department will evaluate the septic system for adequate capacity, according to NYS building code and DOH requirements during permit review. She reminded the Board that this action is a Type 2 SEQRA Action. BOWMAN expressed concerns of the capacity of the septic with additional people living in the home. GRECO stated that the septic will be upgraded according to engineering recommendations either a 1250 or 1500 gallon septic. SMITH asked the Board to review the 10 criteria listed in the Special Use Permit Section of the Town of Malta Zoning Ordinance. The Board agreed the project met the criteria. WALLINGFORD recommended that the approval resolution include a recommendation that a 1500 gallon tank be added. SMITH opened the public hearing at 7:20 PM there were no comments from the public and the public hearing was closed at 7:21 PM. Motion by: Viola Seconded by: Bowman RESOLUTION # Be it resolved that the Malta Planning Board on the 17 th day of November 2015, approves Project #15-21, Greco, 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, with a recommendation that a 1,500 gallon septic be added. Vote: Wallingford Yes; Laime Yes; Kordich Yes; Bowman Yes; Viola Yes, O Connor Yes; Smith Yes #15-24, GlobalFoundries/LFTCEDC (Lot Line Adjustment) 400 Stonebreak Road Steve Groseclose, GlobalFoundries, presented on behalf of the applicant along with Ray Liuzzo, CT Male Associates. GlobalFoundries is requesting a lot line adjustment to adjust the boundaries between a parcel owned by Luther Forest Technology Campus Economic Development Corporation (LFTCEDC) and GlobalFoundries U.S. Inc. located at 400 Stonebreak Road Extension. GlobalFoundries is purchasing a portion of the buffer area (43.81 acres located within the Town of Malta) in the Luther Forest Technology Campus.

7 Page 7 of 13 There are no changes in land use restriction of the property. The PDD restricts the use to buffer around the campus. GlobalFoundries is acquiring the property so that GlobalFoundries can have direct ownership of the buffer area. This would allow them access to the lands for property maintenance and noise monitoring, without having to request permission from LFTC. SMITH asked if board members had any questions. VIOLA asked if there are any plans for the lands. GROSECLOSE stated that GlobalFoundries would like to own the property in order to control the buffer and there are no plans for the land. WALLINGFORD asked if there is any anticipation of impact to the neighborhood. GROSECLOSE responded this parcel has no impact and noted that if expansion were to happen it would be subject to SEQRA. The small 10 acre parcel at the front is to control traffic in and out of the facility. SMITH confirmed that the lot line adjustment is for the purpose of purchasing lands from LFTC. SMITH opened the public hearing at 7:26 pm. P K DAVÉ, Feather Foil residence, asked for assurance that the buffer area will stay in the same condition as it currently is. He also expressed concerns about future development of the property. STEVE GROSECLOSE stated that there is no change proposed on the land and that the legislation regulates what can be done. GlobalFoundries has no desires to change the legislation as to what is allowed. Legislation amendments were just completed for the LFTC. The buffer area is restricted and not good developable lands. There are no buildings planned or allowed in the buffer area. There is only a certain amount of land that can have a FAB and those lands are in Stillwater. The PDD states that in POD 1 certain areas need to be kept green. TONY TOZZI stated that this action does not change the development ability or inability anywhere on the Luther Forest Technology Campus. The current zoning or future zoning regulates the property. DAVÉ stated that Luther Forest neighbors use the property for hiking. He expressed concerns that fencing would be constructed and restricts neighbors from using the lands. TONY TOZZI explained to Mr. Davé that there is a difference between HOA lands and the LFTC buffer lands. There are two different buffers, one on each side of the LFTC zoning line. Both buffers will not change by the lot line adjustment action and the zoning remains the same. TOZZI offered to meet with Mr. Davé to go over maps of the buffer area. GROSECLOSE stated said the lands will be managed as it currently it is. He also noted that anyone on LFTC lands without permission is trespassing. ROB BISSELL, 12 Featherfoil Way, stated he can see the FAB from his deck. He expressed concerns with the possibility of trees being cut in the buffer area. He asked Mr. Groseclose why GlobalFoundries needs to purchase the lands. SMITH reminded the audience to address questions to the Board rather than directly to the applicant and that the public hear is not to be a debate. He reminded the audience this action is a Lot Line Adjustment and if any new development or changes to the land were proposed they would need to return to the Planning Board for approval.

8 Page 8 of 13 JASON FERNAU, 17 Featherfoil Way, asked if the transfer of lands goes through and a walking path is planned would the applicant need to get Planning Board approval. TOZZI advised it would be a site plan amendment and they would need approval. FERNAU asked what the distance of the GlobalFoundries property line to the Homeowners property line is now and will be after the purchase of the lands. RAY LIUZZO explained that the existing corner of the GlobalFoundries property line to the HOA line, in the direction of Featherfoil, is approximately 700 feet and after it will be approximately 300 feet and at the closest it will be adjacent to HOA lands. BOWMAN stated the property line of the Tech Park does not change. SMITH closed the public hearing at 7:46 PM. MARUSSO stated that the lands must be merged and a map note is to be added to the final map. SCHACHNER noted that staff recommends the lot line adjustment is consistent with the LFTC GEIS, SEIS Findings Statement and no new development is proposed. Motioned by: Wallingford Seconded by: Loewenstein RESOLUTION # Be it resolved that the Town of Malta Planning Board on the 17 th day of November 2015, hereby determines that Project #15-24 GlobalFoundries/LFTCEDC, Lot Line Adjustment, is an Unlisted Action and falls within the thresholds of the LFTC GEIS, SEIS and Findings Statement with no associated significant environmental impacts. Vote: Wallingford Yes; Loewenstein Yes; Laime Yes; Bowman Yes; Viola Yes, Lopez Yes; Smith Yes Motioned by: Wallingford Seconded by: Bowman RESOLUTION # Be it resolved that the Malta Planning Board on the 17 th day of November 2015, approves Project #15-24 GlobalFoundries/LFTCEDC, Lot Line Adjustment, with the following condition: The acres being conveyed from parcel must be merged with parcel Vote: Wallingford Yes; Loewenstein Yes; Laime Yes; Bowman Yes; Viola Yes: Lopez Yes; Smith Yes #15-23, Woodfield Mixed Use, (Site Plan) 90 Woodfield Blvd.

9 Page 9 of 13 Scott Lansing, Lansing Engineering, presented on behalf of the applicant, The Michaels Group and Luke Michaels. The applicant is proposing to construct 3 buildings: a 5,000 SF office building, (2) 10,000 GFA (5,000 SF footprint) multifamily buildings with a total of 16 residential units, and (5) detached garage buildings for the associated multi-family uses on 2.93 acres of vacant land along Route 9. The office building will be occupied by the Michaels Group. The project includes a total of 73 parking spaces. Green space is 59± percent of the lands. The existing trees on the front of the project along Route 9 will be preserved. Access to the site will be from Woodfield Boulevard. The internal road and parking will be private and maintained by the condo association. Water will be served by Saratoga Water Services and septic will be served by Saratoga County Sewer. Stormwater will be managed on site. The applicant has received technical comments from Chazen and will be addressing them. A revised plan has been submitted addressing fire apparatus access with revised drive lanes to accommodate aerial apparatus. A traffic study was performed with the PDD amendment. A copy of the report will be submitted for review. The applicant requested comments from the Board tonight. MARRUSO review her staff review dated November 12, The applicant will need to provide comments from NYSDEC confirming the status of plants/animals on site. The applicant is to provide confirmation from SHPO that the previous archeologic study included this area of study. The Town Board approved the layout of the orientation of the buildings. She asked the applicant why this orientation of the buildings was selected. LANSING stated it was merely for architectural interests. MARRUSO also noted that letters of service will be needed from Saratoga Water Services and Saratoga County Sewer. The Planning Board may determine the exact location and materials of pathways and sidewalks; location and screening of dumpsters. Building elevations, landscaping, lighting and signage plans will need to be submitted for review. SEAN DOTY, Chazen Engineering, reviewed Chazen comment letter, dated November 12, He noted the following items: Comment #3 addresses compliance to NYS Fire Code. It is recommended the Fire Department review the plans. Comment #9: the applicant is to submit a completed landscaping plan. Comment #14: the applicant is to perform test pits and infiltration tests to support stormwater design. Comment #15: the SWPPP included a letter dated June 15, 2015 from Fish and Wildlife Service indicates the northern long-eared bat could be in the area; therefore tree clearing is limited to between October 1 and March 31. DOTY asked if the building will be sprinkler. LUKE MICHAEL said all three building will have sprinklers. WALLINGFORD asked if fencing or protection from Route 9 between the Condos is proposed. He expressed concerns for the safety of children walking and riding bicycles along Route 9. LANSING stated no fencing is proposed between the trees and a sidewalk along Route 9. Some additional planting may be included. BOWMAN agreed with Wallingford that additional screening along Route 9 should be added. O CONNOR confirmed with the applicant that the condos are no more than two bedrooms and that the office building will be part of the condo association.

10 Page 10 of 13 SMITH asked whether concrete sidewalks are proposed along Route 9 and if sidewalks/walkways will connect to sidewalk on Route 9. LANSING confirmed that sidewalks will connect to Route 9. KORDICH said the Board cannot legislate the safety of every development and mandate fencing around developments. SMITH asked if the dumpster will be screened. LANSING advised that the dumpsters will have fencing with vinyl slats. SMITH asked if fire apparatus can navigate the island. DOTY said the plan has been revised to accommodate fire apparatus. LOWENSTEIN asked how snow storage will be addressed. LANSING stated that snow will be pushed onto the area to the south. If there is too much snow it will be trucked off site. #14-45, Shecky Development (Major Subdivision) 2347 Route 9 Scott Lansing, Lansing Engineering, presented on behalf of the applicant, Shecky Development. The applicant is seeking to subdivide the acre parcel into 49 lots, which consists of 47 single family residential lots and 2 commercial lots. LANSING reviewed changes made to the plan since the applicant s last presentation to the Board on September 15, The changes include: a) elimination of the density bonus lots; b) stormwater basin in the southern part has removed and the remaining two have been enlarged to accommodate stormwater; c) steep sloped impacts have been eliminated. The applicant requested guidance on the desired design of the boulevard. The Department of State defers to the Town/local code that requires two points of access. Town Code Enforcement has made a determination that the boulevard does meet the two points of access requirement of the Town Code Section F(2). The boulevard design presented has four breaks/cut-outs. The applicant requested a waiver from the 300 feet radius. Plans were submitted with a 225 feet radius that demonstrates plow truck and emergency vehicles can properly access the roads. The applicant requested final approval of the subdivision. Boulevard Design The Board discussed the design of the boulevard with Mr. Lansing. The boulevard is a Town standard Type B and is approximately 800 feet with a recessed turf median with high canopy trees and four breaks that line up with driveways. LAIME expressed concerns with snow removal, as it could be difficult to clear the breaks in the median. LANSING offered to have an alternative median to be striped with a no plow zones. KORDICH asked Roger Crandall how the boulevard will be plowed. CRANDALL stated the boulevard breaks will not be plowed and asked for the center to have drainage. He requested a solid boulevard or no boulevard. He also stated the breaks create a safety issue when snow melts and refreezes on the roadway. LANSING stated there are drains in the break areas.

11 Page 11 of 13 LOPEZ asked how wide the breaks are. LANSING stated they are about feet. O CONNOR asked if the two points of access mandate a boulevard as a second access and is there something that prevents a wide open street. MARRUSO stated that it does not mandate a boulevard but this design creates that option and the ideal that there is a separation. The median separates the lanes and allowing for ease of rerouting traffic and provides a separation of an emergency situation. DOTY said the development cannot exceed 800 feet from a cross access connection, per subdivision code. This subdivision cannot go back further than 800 feet from the connection at Woodfield Court, if there is no boulevard. The code interpretation by the Town CEO is that the boulevard serves as a new access. MARRUSO stated, from a planning perspective, the median provides aesthetics, traffic calming, and additional stormwater capacity. Planting of trees help reduce traffic speed. LANSING stated the applicant is fine with or without a center median. WALLINGFORD recommended a solid boulevard, as it would solve safety and snow removal issues. MARRUSO reviewed staff comments dated November 13, The Town has received favorable correspondence favorable from Army Corps and SHPO and is still waiting for correspondence from Saratoga County Sewer and Saratoga Water Services. The steep slope disturbance is no longer an issue with decrease in density, removal of the trail and removal and redesign of the stormwater basins. DOTY recommended Round Lake Fire Department way in on the plan. The applicant is to work with the geotechnical engineer to ensure that Lot 4 s grading and configuration meet slope stability requirements for that area. Proper controls for erosion control must be provided for stormwater management. The safe slope set back line must be carried through to the upper infiltration basin. In addition, DEC stormwater management devises suggest that the drainage area for the basins be no greater than 10 acres. Basin #2 has a 20 acre area and it is suggested the basin be broken up. Emergency over flow provisions need to be provided as well. SMITH asked if there are any outstanding permits/agency approvals. MARRUSO advised that agency approvals will come after municipal approval. Correspondence from Army Corps, DEC and SHPO have been received. SMITH opened the public hearing opened at 8:30 pm CRANDALL noted that the Town road standards do not address a connection to a cul-de-sac. He expressed concern with how traffic is being introduced on to Route 9. MAZZA, Round Lake Fire Department, is not in favor of a boulevard. O CONNOR recommended the fire department go down the boulevard the wrong way. MAZZA stated the department could, but if something were to happen they are held liable. SMITH asked if LANSING would like a vote on the project. LANSING stated the applicant would like a vote and final approval.

12 Page 12 of 13 SMTH closed the public hearing at 8:39 PM Motioned by: Loewenstein Seconded by: Laime RESOLUTION # Be it resolved that the Malta Planning Board on the 17 th day of November 2015, finds that Project #14-45, Shecky Development, Major Subdivision is a SEQRA Unlisted action and is consistent with the Town-Wide GEIS and Statement of Findings, with no further environmental review required at this time. Vote: Wallingford Yes; Loewenstein Yes; Laime Yes; Kordich Yes; Bowman Yes; Viola Yes; Smith Yes VIOLA stated if a fire or emergency were to happen the boulevard will be closed down in both directions. He is not in favor the boulevard. He is not happy with the additional traffic going into Woodfield. He reiterated that the fire department and highway department are not in favor of the boulevard. LOWENSTEIN agreed with Viola as to the boulevard but expressed concerns with not meeting Town code criteria, as well as safety concerns. The Town promotes cross connections and the applicant is trying to meet the Town s regulations SCHACHNER commented that there is a design standard for boulevards and the application complies with the design standards. It is not the same thing as, Staff is not recommending the boulevard, the Highway Superintendent is not recommending the boulevard and fire personnel are recommending against the boulevard. As is the case the Board is faced with the component of the application, they could legitimately look at it as not approvable. The fact that it meets the standards does not mean that there is a mandatory approval mode. KORDICH asked MARRUSO if there is an issue with the removal of the boulevard. MARRUSO stated yes there is from a code enforcement determination. The boulevard design and placement provides the separated second access that is required according to the Dead End Streets provision in the subdivision regulations. SCHACHNER noted that tonight is not the first time the Board expressed concerns of the boulevard concept and the applicant has a right to continue with that concept and seek a decision. LANSING stated traffic was a concern by the Town Board when the project was proposed as a PDD with a more intense development and a traffic study was done at that time. The proposed subdivision has much less number of traffic trips. A stop sign is placed at the Route 9 intersection with a turning lane. The boulevard is required to meet the two points of access. There is no potential second means of access. The width of the boulevard meets design criteria and fire apparatus access. The question is whether to have breaks or no breaks in the boulevard. The boulevard provides a pleasant aesthetic appearance when driving into the neighborhood. LAIME stated he is in favor of leaving the boulevard in place with the breaks for safety and convenience. He also acknowledged that safety is a concern and reiterated that emergency services could go the wrong way if needed. WALLINGFORD agreed with LAIME and that the proposed is the best solution.

13 Page 13 of 13 Motioned by: Laime Seconded by: Kordich RESOLUTION # Be it resolved that the Malta Planning Board on the 17 th day of November 2015, approves Project #14-45, Shecky Development, Major Subdivision, with the following conditions: Final subdivision plan to reflect boulevard design (including median and break configuration) as presented in 10/29/15 plans. Applicant shall address Planning staff comments dated 11/13/2015 and Chazen comment letter dated 11/12/2015 to the satisfaction of Planning staff and the Town engineer. Vote: Wallingford Yes; Loewenstein Yes; Laime Yes; Kordich Yes; Bowman No; Viola No, Smith Yes Planning Board Business VIOLA motioned to accept the October 20, 2015 minutes, seconded by LAIME, motion carried. Loewenstein and Bowman abstained due to being absent from the October 20 th meeting. A special Planning Board meeting will be held on November 24, 2015 at 6:30 PM for the purpose to consider a minor subdivision application by the Town of Malta relating to the Luther Forest Boulevard Road. The 2016 Saratoga County Planning Conference will be held on January 27, 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 LOEWENSTEIN, motion carried at 8:57 PM. Respectfully submitted by, Floria Huizinga Planning Board Secretary