Project # Project Name Project Type GlobalFoundries, HPM Bldg. SPA GlobalFoundries, Parking Lot G SPA 14-18

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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 David Wallingford Carrie Woerner John Viola (alt) Scott Hommel (alt) 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: Absent: William Smith, Kyle Kordich, Jean Loewenstein, David Wallingford, Carrie Woerner, Roger Laime, Dave Bowman, John Viola, Scott Hommel, Mark Schachner, Town Legal Counsel; Sean Doty, Town Engineer; Sophia Marruso, Senior Planner; Floria Huizinga, Planning Executive Secretary Correspondence: All correspondence is on file. SMITH read the following agenda into the minutes: Project # Project Name Project Type GlobalFoundries, HPM Bldg. SPA GlobalFoundries, Parking Lot G SPA Saratoga Medical Park, Road & Utilities SPA Heading for Home SP Malta Commons Drainage PP Malta Commons Business Park PP 14-07A Malta Commons Restaurant PP #14-20, GlobalFoundries, HPM Dispense, Site Plan Amendment 400 Stone Break Rd. Ed Garrigan, CT Male and Greg Connors, GlobalFoundries, presented on behalf of the applicant. The HPM Dispense Building and expansion of the Sulfuric Offload Station are located on the west side of the FAB 8.1. The HPM building will be located adjacent to the FAB and the expansion of sulfuric offload station is on the rear of the original offload station. The Sulfuric Acid Offload Station is detached. The request is to add additional bulk storage tanks to the offload station. Two additional 56,000 liter bulk tanks will be added. The Hazardous Production Materials (HPM) Dispense Building would accommodate five (5) 56,000 liter bulk storage tanks (3 for hydrogen peroxide and 2 for ammonium hydroxide). A 4 day supply of these chemicals is needed. Four offload stations will be located on the south end of the building.

2 Page 2 of 13 Trucks will come in from the north side via Stone Break Road and down the west side of the FAB. The trucks will back into the offload station. They will not exit the emergency access road. The road will be widened to accommodate fire trucks. Comments from Chazen have been received and the applicant is in the process of addressing the comments. There will be permanent security fencing around the HPM building. The offload stations will have a dry fire protection system. Some impervious area has been added and stormwater will be managed through hydrodynamic treatment in the southeast corner of the parking lot. Some existing utilities will need to be relocated due to construction activities. MARRUSO stated that there were no issues from a planning perspective and deferred technical comments to the town designated engineer. DOTY reviewed his comment letter dated July 11, 2014 and noted the following: 1) The applicant is to provide a spreadsheet with total building footprint area of all buildings to demonstrate compliance with the PDD limitations of the total build out for FAB ) The applicant is to provide daily water usage/sewer discharge for the HPM building. 3) The applicant is to provide copies of Emergency Response Plan, Contingency Plan and other emergency plans that may need to be updated. 4) The applicant is to provide a letter from the Fire Department indicating their acceptance of the site layout. Other minor technical comments were also noted: grading along the northern side of the HPM building, traffic circulation and truck turning radius. WOERNER expressed concern with the parking spaces facing the HPM building and whether there is potential of a vehicle hitting the building and causing an explosion or chemical release. GARRIGAN stated it is very unlikely and it would be difficult for a car to have enough velocity to jump the curb and cause a chemical spill or explosion. LAIME expressed concerns for potential spill containment. GARRIGAN noted there is a collection containment around it and under the building there is a collection containment area that will hold 110% of a tank. VIOLA noted that current chemical storage is approximately 100,000 liters and the proposal doubles the amount of chemicals. WOERNER confirmed that the chemicals are not new to the facility. VIOLA asked if the fire/evacuation plans received approval from State and County fire marshals. He also expressed concerned about transportation of hazardous materials. He also asked what the security fence is constructed of. GARRIGAN stated it will be an 8 ft. chain link fence. Security cameras are located along the building and view the parking lot. HOMELL expressed concern about emergency plans and if they are reviewed by town engineers. DOTY stated the Town does not review emergency response plans. It is prepared by the environmental professional at GlobalFoundries and the Town is copied on these reports. The PDD requires the reports to be prepared and as well as emergency response training. DOTY stated he will speak with Stu Messenger regarding the emergency plan.

3 Page 3 of 13 GARRIGAN stated the town is provided with copies of the emergency plan and the plans are in accordance with the PDD. A copy of the plan is provided to the Town and emergency providers. WOERNER confirmed that an annual audit does occur and the Town receives the executive summary of the report. She would like confirmation that the Town receives confirmation that the annual audit of the emergency plan is reviewed. SMITH opened the public hearing at 6:54 PM. There were no comments from the public. SMITH closed the public hearing at 6:55 PM. Motioned by: Wallingford Seconded by: Laime RESOLUTION # Be it resolved that the Town of Malta Planning Board on this date,, hereby determines that Project #14-20, GlobalFoundries Sulfuric Acid Offload Station and HPM Dispense, Site Plan Amendment, 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 any further SEQRA review. Vote: Wallingford - Yes, Loewenstein Yes, Woerner Yes, Laime - Yes, Bowman - Yes, Viola Yes, Smith Yes. Motioned by: Woerner Seconded by: Bowman RESOLUTION # Be it resolved that the Town of Malta Planning Board hereby approves on this date,, Project #14-20, GlobalFoundries Sulfuric Acid Offload Station and HPM Dispense, Site Plan Amendment, with the following conditions The Applicant shall satisfactorily address and comply with the technical comments provided by the Town engineer as set forth in the Chazen review letter dated July 11, 2014 and Planning staff comments dated July 11, The Applicant shall receive written approval from the Fire Department. Vote: Wallingford - Yes, Loewenstein Yes, Woerner Yes, Laime - Yes, Bowman - Yes, Viola No, Smith Yes. #14-21, GlobalFoundries Parking Lot G, Site Plan Amendment 400 Stone Break Rd. ED GARRIGAN, CT Male, presented on behalf of the applicant, GlobalFoundries. The applicant is proposing a 505 space temporary gravel parking lot to be utilized by GlobalFoundries employees. The location of the temporary parking lot currently has a large stock pile of materials from the construction of the TDC. The parking lot will have temporary lighting which will be the same as those in Lot E and Lot F. Stormwater will be located in the northwest side of the lot. Employees will enter the site via Stone Break Road. The Cold Springs Road entrance will not be utilized for this lot. If and when the Admin 3 Building is built it would be place on the LOT G site.

4 Page 4 of 13 WALLINGFORD asked if GlobalFoundries be adding an additional security check point to alleviate traffic back up. GARRIGAN stated that the entrance at the guard shack will be widened to accommodate two lanes in. WALLINGFORD asked if the lot for new or existing employees? GREG CONNORS stated that an administrative decision will be made as to who will use the lot. SMITH expressed concern that this parking lot will not meet the parking needs in the future and that there will traffic congestion backing up onto Cold Springs Road. CONNORS stated that GlobalFoundries continues to work with the Town Planning Department and Highway Department. He also acknowledged that both departments have been great to work with. CONNORS stated that Creighton Manning has been hired to address on and off site traffic flow issues. They are working on parallel paths assessing the need for parking and how employees will park as well as getting on and off the site. KORDICH asked if Creighton Manning is looking at traffic on roadways outside of the site. CONNORS stated that GlobalFoundries does not have the authority to go outside of the site. They are trying to improve the circulation within GlobalFoundries. The Towns of Malta and Stillwater, LFTC and DOT are collaborating on the areas off site they have authority over. SMITH suggested a toll plaza type to alleviate the traffic with multiple lanes to alleviate congestion on the town roads. SMITH asked if there are any plans for any new entrance. CONNORS stated there are no plans at this point for an additional entrance. GARRIGAN noted that the master plan does have a second entrance, which is dependent on construction of the connector road that goes out to the roundabout at Cordero Blvd. He noted that GlobalFoundries has been anticipating that LFTC would construct this road. Until it is constructed GlobalFoundries cannot construct the second entrance. The parking Lot F site plan has a proposal to construct a roadway from F to the connector road to provide an additional access for contractor parking. GlobalFoundries does not have authority over lands within LFTC. MARRUSO noted that the conversation has been about addressing traffic on and off site and that the Planning Board is charged with reviewing the parking lot application. She noted that the Planning Department feels that the parking lot is a beneficial addition and it will improve conditions on site. SEAN DOTY reviewed the Chazen comment letter dated July 10, He reviewed the following comments. #2 The site plan should be reviewed by the Fire Department and provide a letter acknowledging the layout approval. #3 He spoke with Jim Houston, CT Male, regarding the Stormwater Pollution Prevention Plan, and the large stormwater basin and the use of drywell(s). #4 Request that stockpile areas should be shown on the plans. #5 The MS4 Acceptance Form may not be needed. It may be an administrative issue. #6 Request testing of onsite soil at bottoms of the stormwater basin. Chazen does not take exception of the testing being performed during construction. #7 Consideration of a safety fence be installed around the stormwater basin. GARRIGAN stated that there are no safety features around any of the basins onsite and that this basin is a dry basin and does not feel it is necessary to install safety features. #9 The 5-acre waiver expires at the end of July and will need to be renewed. It will need to be revised to include the disturbance associated with this project.

5 Page 5 of 13 WALLINGFORD asked what will be done with the spoils from the site. GARRIGAN stated the spoils will be moved to the MRFA site. LOEWENSTEIN asked why DOTY asked for protection of stormwater basin. DOTY stated it was driven by a comment from DEC regarding Parking Lot F and he may have misunderstood CT MALE s response indicating that there is a fence around the entire parking lot; therefore they are not concerned about others entering it. SMITH asked how snow removal will be handled. GARRIGAN stated it may have to be trucked off site. SMITH opened the public hearing at 7:17 PM. There were no comments from the public. SMITH closed the public hearing at 7:18 PM. Motioned by: Wallingford Seconded by: Kordich RESOLUTION # Be it resolved that the Town of Malta Planning Board on this date,, hereby determines that Project #14-21, GlobalFoundries Parking Lot G, Site Plan Amendment, 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 any further SEQRA review Vote: Wallingford - Yes, Loewenstein Yes, Woerner Yes, Kordich - Yes, Laime - Yes, Bowman Yes, Smith Yes. Motioned by: Woerner Seconded by: Loewenstein RESOLUTION # Be it resolved that the Town of Malta Planning Board hereby approves on this date,, Project #14-21, GlobalFoundries Parking Lot G, Site Plan Amendment, Site Plan Amendment, with the following conditions: The Applicant shall satisfactorily address and comply with the technical comments provided by the Town engineer as set forth in the Chazen review letter dated July 10, The Applicant shall receive written approval from the Fire Department. Vote: Wallingford - Yes, Loewenstein Yes, Woerner Yes, Kordich - Yes, Laime - Yes, Bowman Yes, Smith Yes. #14-19, Malta Commons Drainage, Project Plan 100 Saratoga Village Blvd. Joe Dannible, Environmental Design Partnership, presented on behalf of the applicant, Lakeview Outlets, Inc., DCG Development. A total of 280 feet of new pipe is to be placed along the Malta Commons Business Park parking lot. Army Corps has authorized the filling of 0.09 acres of wetlands for this project. The drainage ditch that empties out the DOT storm basin comes down the western edge of the Malta Commons site and discharges in the wetlands on the south end of the site.

6 Page 6 of 13 The applicant is proposing to install approximately 130 feet of culvert pipe along the northern end of site with riprap to be added at both ends. A second crossing will consist of 200 feet of pipe, 60 feet is already installed, with a swale on one side of the pipe. Army Corps of Engineers protocol will be followed. The applicant has received comments from Planning staff and Chazen and will address them. MARRUSO stated that this a project plan modification and the Board may weigh in with comments. Planning staff is comfortable with the minor changes the application presents. DOTY requested the applicant provide DEC permits. DANNIBLE noted that the wetlands are not DEC and DEC permits are not required. The existing drainage easement to be extinguished should be called out on the map. The new 40-foot wide drainage easement, to be granted to NYS, should also be clarified on the map as well. SMITH asked who is responsible for maintenance if a ditch becomes clogged. DON GREENE stated that the applicant has been maintaining the ditch for the past 20 years and will continue to do the same. There were no additional comments or questions from Board members. SMITH opened the public hearing 7:26 PM. There were no comments from the public. SMITH closed the public hearing at 7:27 PM #14-07 Malta Commons Business Park, Concept Project Plan 100 Saratoga Village Blvd. Matt Brobston, The LA Group, presented the master plan for the Malta Commons Business Park, Phase One, on behalf of the applicant, Lakeview Outlets, Inc., DCG Development. The parcel consists of 2 lots for a total of 48.5 acres. The property is zoned into three zones: DA-2, DN-4 commercial, and DN-4 residential. Eight lots are proposed with a mixture of uses, pharmacy, bank, restaurant, hotel, fitness, gas station, and residential units. Phase one of the site is laid out into a grid allowing for the existing buildings and parking to stay as is. The residential component is not part of Phase One. The applicant has been in discussion with planning staff and consultants regarding the layout of the grid and the goal of the site. SMITH asked for clarification of the current existing area and that no modifications to existing buildings are proposed at this time. BROBSTON confirmed that no modifications are proposed to the existing buildings or the existing Park and Ride lot. BROBSTON noted that the construction of the roads will be to Town standards with on-street parking, sidewalks and vegetation as is called for in the Form Based-Code. SMITH asked if staff has discussed on street parking on Saratoga Boulevard with the developer. MARRUSO stated that no discussion has been had at this point, but that there will be in the future as the applicant moves forward with the review process of the site. #14-07A, Malta Commons Business Park, Restaurant, Project Plan 100 Saratoga Village Blvd. Matt Brobston, The LA Group, presented on behalf of the applicant, Lakeview Outlets, Inc., DCG Development. The applicant is proposing a 4,300 SF single-story shop front restaurant with a drive through to be located on Lot #1 in the Malta Commons Business Park. The proposed tenant will be Panera Bread.

7 Page 7 of 13 On July 1, 2014 the applicant received four (4) variances for the project plan. The variances granted were as follows: On-site parking not allowed between building and street (East Side) On-site parking not allowed between building and street (South Side) Building in Primary street Build-to-Zone (East Side) Building in Primary street Build-to-Zone (South Side) Required Proposed Difference Percent Relief No parking bays 1 bay 1 bay 100% No parking bays 1 bay 1 bay 100% 70% ( feet) 70% (122 feet) 33% (68.99 feet) 45% (77.64 feet) 37% (76.59 feet) 25% (44.36) 53% 36% Proposed renderings of the building have been provided. The final application for the building will include articulation of all architectural elements designed to comply with the Form-Based Code (FBC). DOTY asked if the building was designed for the Form-Based Code. BROBSTON believed the design is a prototype. DON MACELROY stated that the final design of the building will meet the requirements of the FBC. BROBSTON noted that the entry to the building will comply with FBC. WALLINGFORD asked for clarification of the entrance from Route 67. BROBSTON stated there will be a slip lane allowing for entry to the restaurant parking lot and drive through. The entrance will be one way only. DOTY asked how stormwater would be managed and if it would be underground. BROBSTON stated that the majority of the stormwater is to be underground. DOTY asked what the plan for deliveries is. BROBSTON stated deliveries would be off hours. MACELROY stated that most deliveries come in via small delivery trucks. Panera has approved the radius for the site. WOERNER noted that all four sides of the building need to be attractive due the building being one of the first buildings seen coming off the Northway and it being a gateway to the Town and the impact of people s first impression of Malta. MCELROY noted that Panera is very aware of the visibility and the opportunity it presents. MARRUSO noted the corner lot has two primary street designations. Higher elements of design for building transparency will be seen along the two primary streets and it will have to comply with FBC materials and transparency. Staff saw the greatest opportunity for development of the street scape and pedestrian activity on the interior and entrance to the site with the primary and side street designation for the site. SMITH opened the public hearing at 7:50 PM for both #14-07 Malta Commons Business Park, Concept Project Plan and Project #14-07A, Malta Commons Business Park, Restaurant, Project Plan. There were no comments from the public for either project. SMITH closed the public hearing at 7:51 PM. #14-18, Saratoga Medical Park Road and Utilities, Site Plan Amendment Medical Park Blvd. Matthew Jones, The Jones Firm, gave a brief overview of Project #14-18, Saratoga Medical Park Road and Utilities and Project #14-16, Heading for Home. JONES advised the Board that Heading for Home required a

8 Page 8 of 13 variance for the proposed acre lease lot size, which is less than the minimum lot size requirement specified in Appendix C for Area #8 of the PDD. The variance was granted on July 1, JONES advised the Board that the applicant met with Peter Shaw, Malta Ridge Fire Department, and Planning staff regarding fire safety for the Heading for Home site. Plans were revised to reflect the changes discussed at that meeting. MATT BROBSTON, LA Group, presented the road and utilities site plan. The applicant is proposing to extend Medical Park Boulevard feet as well as extend the water and sewer lines for future development. He noted that at June s meeting the Board expressed concerns about fire protection for the Heading for Home site. Saratoga Hospital has agreed to extend the 8 line an additional 700 feet to the north with two additional fire hydrants. The utilities would extend to the next possible development site (senior housing). Peter Shaw was satisfied with the extension and understood that emergency access would come from Raymond Road. BROBSTON clarified for SMITH that a 10 line runs to the Emergent Care site and from there an 8 line will be extended to the possible senior housing building site and then a 2 line will extend to the Heading for Home site. A hydrant will be placed near the lease parcel line of Heading for Home. Clifton Park Water Authority has reviewed the changes. JONES advised that Peter Shaw had submitted an with his acceptance of the proposed water lines and access to the site from Raymond Road. SEAN DOTY stated he spoke with Peter Shaw, today, regarding fire safety issues. DOTY noted that there is approximately 1,000 feet gap in the roadway from the Medical Park road way and the Heading for Home site. He requested clarification of this in his Heading for Home review letter dated July 9, He noted that there may be PDD legislation that conflicts as to what standard of road must be built in this area. The appendix seems to indicate that the Rural Road standard applies and another section seems to suggest that the road is to be an access road. This appears to give liberties to the Planning Board in regard to road geometry. There is concern of the placement of the hydrant; it appears to be 1,000 feet away from the Heading for Home building. It also appears to fall within a gray area in regard to NYS Fire Code. He noted that if municipal water source is available to a property or new construction it should be feet from the property. If a water source cannot be brought in, than rural water standards can be used. DOTY had confirmed with Peter Shaw that he is comfortable with the hydrant placement and not concerned about the hose length from the hydrant to the building. DOTY suggested that they meet to discuss Rural Water Standards and come to a consensus that the layout is conforming to the fire code. DOTY stated he has a call in to NYS Fire Code for clarification. He believes that issues could be worked out with Town code enforcement and the fire department. DOTY noted that 26 feet width of roadway is needed on either side of a hydrant. A discussion with code enforcement and Peter Shaw will to take place regarding a turn around that must be provided at the end of the road heading south from Raymond Road. JONES advised that Heading for Home has its own application and fire protection for the site can be discussed during the presentation of Heading for Home. Saratoga Hospital will be fronting the costs of the construction of the road and utilities for a payback period due to Heading for Home s limited budget.

9 Page 9 of 13 JONES requested that the Board make a decision tonight. He noted that the hydrants and utilities extend to the future senior housing site. The road is presented, tonight, as on the submitted plans with no extension of the road. SMITH opened the public hearing at 9:17 PM. There were no comments from the public. SMITH closed the public hearing 9:18 PM. Motion by: Wallingford Seconded by: Kordich RESOLUTION Be it resolved that the Town of Malta Planning Board hereby on this date,, determines that Project #14-18, Saratoga Medical Park Road and Utilities, Site Plan Amendment, is consistent with the impacts considered in the previously adopted Statement of Findings of July 6, 2009, and no further environmental review is required. Vote: Wallingford - Yes, Loewenstein Yes, Woerner Yes, Kordich - Yes, Laime - Yes, Bowman Yes, Smith Yes. Motion by: Woerner Seconded by: Loewenstein RESOLUTION Be it resolved that the Town of Malta Planning Board hereby on this date,, approves Project #14-18, Saratoga Medical Park Road and Utilities, Site Plan Amendment, with the following conditions: 1. The Applicant shall satisfactorily address and comply with the technical comments provided by the Town engineer as set forth in the Chazen review letter dated June 12, The Applicant to received written approval from NYSDOH, and NYSDEC. 3. The Applicant to obtain NYSDEC General Permit GP for stormwater discharge. 4. The Applicant to receive written approval to connect to water and sewer systems for the Town of Malta, Clifton Park Water Authority, and SCSD#1. Vote: Wallingford - Yes, Loewenstein Yes, Woerner Yes, Kordich - Yes, Laime - Yes, Bowman Yes, Smith Yes #14-16, Heading for Home, Site Plan Medical Park Blvd. Matthew JONES, The Jones Firm, advised the Board that Heading for Home required a variance for the proposed acre lease lot size, which is less than the minimum lot size requirement specified in Appendix C for Area #8. The variance was granted on July 1, Scott Lansing, Lansing Engineering, presented on behalf of the applicant. On May 15, 2014 the applicant presented a conceptual site plan. Heading for Home is proposing to develop a facility that will provide rehabilitation to horses and equine-assisted therapy on a acre located within PDD #52, Saratoga Medical Park. The applicant proposes to construct one building containing a riding arena, stall barn, and office with appropriate parking for the facility. Two existing barns will be retained for future use and the existing fencing will be repaired.

10 Page 10 of 13 Architectural colors and samples were presented to the Board. The building will have white metal siding with gray wainscoting along the bottom, red doors, green trim, and gray roof. The site plan requires the extension of Medical Park Drive and water and sewer utilities to the rear (northern) portion of the site from the current location (near the existing Emergent care Facility). Permanent access to the site is limited to the Route 67 entrance to Medical Park Blvd. and then via a gravel road with an emergency access from Raymond Road. Construction activity for Heading for Home would use the access from Raymond Road. The applicant received technical comments from Chazen, dated July 9, The applicant is proposing a rural roadway and requests that the roadway be allowed to go down to a narrower road than the standard allows. The access and turnaround area would meet fire code standards. LANSING noted that the applicant is under extreme pressure from its investors to move the project forward. He requested approval from the Board tonight. JONES explained the layout of the current road/emergency access. Raymond Road is considered as an emergency access as noted in the PDD legislation. The proposed road that will be used to access Heading for Home from Route 67 is the existing Medical Park Blvd. located to the left of the Emergency Care Building. This road was used by the horse farm and varies from 12 to 16 feet wide, extending all the way to Raymond Road. It is not a Town rural road but it is a rural road. The legal issue associated with it is what discretion the Town Board has to approve such a road, which is governed in the PDD local law. The PDD discusses three kinds of roads. A main road and ancillary road shall be constructed to Town Road or Rural Road standards. JONES noted F(4) of the PDD refers to an access road which he believes the road to be. The access road does not have the requirement that it meet Town Road or Rural Road requirements. He believes that the PDD contemplated this road off of Raymond road is specifically an access road and how it is restricted is to be determined by the Planning Board in conjunction with the site plan application. The applicant has created a road, they believe, the Planning Board has jurisdiction over regarding width and access. Town of Malta Zoning Code 167A-58 F(4).Access, roads and traffic. (a) Access and roads. [1] All roads, drainage easements and related rights-of-way shall be constructed and/or located by the developer in accordance with the site plan as approved by the Town Planning Board, and shall be reviewed by the Town Engineers. [2] The entry point to the District located off Raymond Road will be limited to emergency access only. How this access is restricted shall be determined by the Town of Malta Planning Board in conjunction with the first site plan review application. Any additional limitation measures, such as road width and access restrictions, will be determined during the site plan review process of the phase or project involving the construction of the access road. The main and ancillary roadways shall be constructed to either town road or rural road standards as depicted in Appendix A. (b) Traffic. [3] The traffic access for this development shall be Route 67. The access from Raymond Road shall be gated and restricted only to maintenance and emergency vehicles. It is understood and anticipated that a cross-access easement to the large parcel to the west shall be developed in the future as that parcel develops. The final location of the cross-easement shall be determined upon the site plan approval of the west parcel or at a time deemed appropriate by the Town of Malta Planning Board

11 Page 11 of 13 SCHACHNER asked if the applicant is referring to the road as an emergency access road. JONES agreed with SCHACHNER. JONES believes the Board has jurisdiction to make the determination on the Site Plan as presented. WOERNER asked for clarification if staff and clients for Heading for Home will access the site from Raymond Road. JONES stated they will not use Raymond Road. They will enter the site via Medical Park Boulevard, which turns into a gravel access road. WOERNER noted that the road is not an emergency access road but an access road. SCHACHNER asked if the southern entrance will be constructed to Town standards. JONES stated there is no change proposed to the existing road that leads to the site. KORDICH noted that the road does not meet Town Road standards. DOTY asked for clarification of the submitted plans showing that a 24 foot wide road built to Town Rural Road standards from Raymond Road to approximately 1,000 feet south of the Heading for Home site. LANSING stated that is what is shown on the plans; however, the applicant plans to modify it to have the emergency access by the facility and approximately 100 feet south past the turn-around will be the existing unimproved gravel roadway. BROBSTON noted that the road and utilities will most likely be constructed, allowing for development to the north and providing connections and utilities to service the future facility. DOTY asked if Peter Shaw understood that the road would not be improved all the way to the hydrant. BROBSTON stated that in discussions with Peter Shaw, the road would be restored to a gravel road, as currently is, due to the extension of the utilities. DOTY expressed concern about roadway geometry standards required by the fire code. Some standards can be waived by a fire chief or code enforcement officer and some cannot, which would require variances from the Department of State. The road needs to be 20 feet wide and expanded to 26 feet wide at the hydrant location. JONES stated that the emergency access will be Raymond Road and will comply with Fire Code standards for the emergency access road. WOERNER asked who would plow the road. JOE BATTAGLIA stated it is a private road. SCHACHNER noted that none of the roads are proposed for dedication to the Town. WALLINGFORD expressed concern that the gravel road will have soft areas, especially in the spring. BROBSTON stated that standard practice would be to maintain the road and fill any soft areas in the spring. SCHACHNER confirmed the road now being discussed, the southern road, is either a main or ancillary road? JONES disagreed and stated the main road goes to the Emergent Care facility and that there are ancillary roads that go east and west on the concept plan of the PDD. There is a third road which is described in the PDD legislation and the beginning of those sentences talk about an access beginning on Raymond Road and describes the ability of the Planning Board to vary width and restrictions which this is not for general public use only emergency access and maintenance workers at the site. SCHACHNER noted that the understanding of the Board is that the emergency access road comes off of Raymond Road and that the Planning Board has the ability make it not meet Town or Rural road standard.

12 Page 12 of 13 The Board s concern is how the southern access is to be utilized, regardless of how little it is used, the road would be characterized as an ancillary road. JONES stated that the access road runs north and south from the Heading for Home facility. SCHACHNER clarified with JONES whether he meant emergency access road or access road. JONES stated that the PDD states access road and that access road is the only term the PDD uses and it can be used for emergency purposes. SCHACHNER stated that he and the Board do not agree with JONES interpretation of the paragraph. The only context which access road is mentioned is the emergency access. The final sentence in paragraph 2 states The main and ancillary roadways shall be constructed to either town road or rural road standards as depicted in Appendix A. General access is different than emergency access purposes. The Board and the applicant continued discussion of the classification of the road and what the intention of the legislation was for the road. There was no definitive conclusion or decision on the classification of the road. It was determined that an interpretation of the PDD language relating to the road would be needed by Code Enforcement. (Town of Malta Zoning Code 167A-58 F(4)) The Board did not have issues with the road staying a gravel road, so long as it meets fire code compliance. Woerner and Kordich suggested that the road be improved in stages along with future development MARUSSO reviewed her review dated July 10, She asked if the applicant received feedback from the archeological study. LANSING noted that the archeological study had been initiated and anticipated a report within a few weeks. MARUSSO asked if signage had been contemplated. LANSING stated the applicant will be working with Saratoga Hospital and their Way Finding Plan for signage. DOTY reviewed his comment letter dated, August 13, KORDICH suggested a conditional approval with the road approved as is, with improvements to be made as development of the southern portion of the site occurs. WOERNER suggested giving the applicant a conditional approval with the archeological study as a condition of approval. SCHACHNER stated it would be difficult to make the SEQRA review and consistency determination without the archeological study complete. WOERNER agreed that the road will need to upgrade the road but not at the outset and we are giving you some time and triggering that road development based on other development on the site with more intense usage. KORDICH agreed with Woerner. JONES suggested that the applicant return to the Board on July 22, an already scheduled special meeting. MARUSSO summarized the items to be completed by the applicant for the July 22 meeting. a. CEO determination if the PDD authorizes the Planning Board to review of the road and access road and the deviation of that standard. b. Receive feedback from the archeological study c. Conversation with Peter Shaw with regard to what he is generally accepting for water supply and road standards for fire protection.

13 Page 13 of 13 JONES did not agree that it would be a Code Enforcement Officer s determination as to whether the Planning Board can act on the road. He believes the Planning Board is fully capable of interpreting the PDD. DOTY asked if the archeological study was not complete, would it prevent them coming to the planning board meeting on July 22. JONES was under the impression that it could be a condition of approval because there is a findings statement that does address an archeological study for the PDD. The applicant cannot obtain a SWPPP until the study is complete. SMITH asked Mr. Jones if the applicant would be willing to table the project and return to next week s meeting. JONES noted that it appeared that Board is not prepared to render a vote tonight and is not prepared to ask for a vote and will work on the issues raised tonight. Motion by: Wallingford Seconded by: Bowman RESOLUTION Be it resolved that the Town of Malta Planning Board on this date,, tabled project, #14-16, Heading for Home, Site Plan, until the July 22, 2014 Planning Board Meeting or until the applicant has addressed engineering, staff and Planning Board concerns. Vote: Wallingford - Yes, Loewenstein Yes, Woerner No, Kordich - No, Laime - No, Bowman Yes, Smith Yes. WALLINGFORD motioned to accept the June 17, 2014 minutes, seconded by WOERNER motion carried. Kordich, Loewenstein, and Laime abstained. SMITH 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 9:48 PM. Respectfully submitted by, Floria Huizinga Planning Board Secretary