October 24, 2018 Town of Ballston Planning Board Meeting Notes

Town of Ballston Planning Board Meeting

Notes taken by a resident on October 24, 2018

Old Business:

Benuscak Goode St. Subdivision – 12 lots – requested extension of application approval period, no change to approved plan.  For various reasons, the project has not started yet. Unanimously approved through January 23, 2019, the date of the January Planning Board meeting.

Spinney Group 60 Middle Line Rd. mixed use community – 62.79 acres, 81 highway zoning, 51 acres rural, 66% green space.  264 active adult apartments, single story ranch style primarily, 94% have garages.  Community center, gazebo, dog park, trails, facilities garage for maintenance equipment, 60 storage units totaling 9,000 sq. feet.  Changes since the last proposal: single family lots have been decreased from 12 to 5 and to be positioned along Wakeman and Middleline roads as a buffer, each with 240 ft. frontage.  The decrease in single family lots is due to a State requirement in order to have well and raised septic instead of public sewer.  The rest of the buildings will have public water and sewer, sidewalks throughout property, 3 buildings that are office retail complementary to active adults.  Impact responses so far: Parks and Rec on 8/1/18 – no archeological impact; habitat study – bald eagle nesting nearby so signed off 10.11.18; fish and wildlife requires clearing to be completed by March 2019 because of bald eagle nesting; ordinance adjustments to square footage of storage units will be required; signage to be evaluated –monument sign to identify plaza businesses, tenant use has a code that will be followed.

The public benefit was questioned.  Spinney answered that there is an obvious shortage of senior housing in this area, and aging in place is the main goal.  The sewer on Route 50 will benefit other parcels.  The desirable option is to hook into the Lake Rd/Outlet Rd. sewer system – Spinney is working with Town Board to finalize.

The agricultural activity was outlined.  The land was purchased in 2015.  The previous owner died in 2008 and had intended to farm the land.  In 2007, there were plowed rows and planting activity.  The Middleline Rd. yard area had several pieces of farm equipment on it.  In 2009, there was no activity and the equipment was no long on the property.  In 2011, no activity and the equipment area was overgrown.  In 2013, limited haying activity.  Since 2014 there has been no activity so there is no impact to the agricultural area.

The Spinney representative is also the attorney for the company and represents Benuscak and Katz builders.  The lawsuit filed and lost by NY Ag & Mkt is being appealed to the Appellate Court and will likely be decided in the Spring.  This attorney feels that the litigation based on the preexisting agricultural comprehensive plan is not binding since there have been resolutions since then that are lawful and binding.  He said that the viability of the project is dependent on the water decision, well water is not an option.  He understands that Spinney would be proceeding at its own risk and acknowledged that the Town and the parties will be bound by whatever the court decides.  A zoning change will be sought.

Vice Chair Mathias questioned conflicting wording in the proposal related to community access by the general public vs. being a private community.  Spinney rep clarified that this was related to maintenance of the property by Spinney.

The Chair asked if the raised bed septic system is less expensive than sewer lines?  Spinney rep noted that the primary business model is not predicated on the single homes.  It is focused on the active adult community model.  Spinney rep maintained that tying into the Outlet Rd. lake sewer system is optimal, as was the case with the Katz project.

The Planning Board will review the PUDD before the next meeting that Spinney Group plans to attend.  If the Town Board approves it, then the site plan will come back to the Planning Board to review the details.

New Business:

Mourningkill LLC – 1451 Route 50 Stephenson Property – Site plan review/concept.

Property is 1.18 acre, first parcel in hamlet next to Smith and Schmidt projects.  Proposal is for 14 single family townhouses – 2 3-unit buildings and 2-4 unit buildings with own driveway and garages, access from Route 50.  44% green space with public water and sewer and underground water retention area under the cul-de-sac.  An existing structure would be demolished. North side of buildings is only just off the property line.  Vice Chair Mathias expressed concern about the impact on the neighbors there with such a small piece of land and with the buildings so close and no buffer between the properties:  “I don’t feel the plan works at all.”  Other board members questioned the radius of the cul-de-sac for a school bus, a Lowe’s truck, etc. and how runoff would be captured as well as how this parcel would connect to subsequent ones.  The Chair determined that the site plan be brought back to another meeting with a plan on now connectivity to the next piece will be considered.  No voting action taken.

Meeting was adjourned at 8:35 PM.