August 29, 2018 Town of Ballston Planning Board Notes

Town Planning Board Meeting Notes

taken by a town resident on August 29, 2018

Approximately 100 people attended the meeting, most were from Council NE Carpenters Local 291, who introduced themselves to Hannaford Management during the public hearing for the Rossi land.
Planning Board introduced new attorney Matt Chauvin, Esq.
The Spinney Group was scheduled initially on the agenda, but the applicant postponed its presentation.

Old Business: 

Rossi PUDD Lot #1/Hannaford
Rossi PUDD Lot #1/Via Rossi Dr., SBL #216.-2-27.11
Site Plan Review – new 38,000 sf Supermarket and Pharmacy

Chair clarified that the Rossi PUDD was approved in 2011. All discussion and decisions were codified then and became the law of the town. The Town BOARD is where the law would be changed. All modifications – traffic lights, sidewalk, etc. are established already. The Planning Board was asked to pursue sidewalks on both sides of the street, and a response from DOT Steven Allocco, Assistant to the Regional Director was read aloud. This included a statement that the conditions for the sidewalk on the west side and a traffic light at the McDonalds are prohibitive due to space limitations on the east side of 67 & 50.

Several emails were sent to the Planning Board over the past month that involves sidewalks, wells and hydrants on Zepko lane. Chair said the PUDD has already been established and these cannot be moved. Per the law the hydrant is positioned to bring water to the southern corner and Mr. Zepko will need to work this out with DOT, it is not the purview of the Town Planning Board. Chair noted the fence for Mrs. McGinn is being worked out.

Brittany, representative for Hannaford addressed the PB saying that the conditional concepts were provided prior to the meeting. PB member Machias said the people present at this meeting should all be able to see the proposal. The others agreed, and Brittany continued. Several site configurations were considered, and Hannaford feels the building is as far south and east as possible, due to site constraints and the setback. It is an L-shaped configuration for future development. Four options were submitted to the PB and elaborated on. PB members unanimously agreed on the recommended option B, with the face of the store to Church Street.

Mr. DiPasquale, PB Member, said he went to the Milton Store to see the recycling building and is fine with it now. Brittany added that two minor landscaping improvements have been added to include trees on the south property line and supplemental white pines at the fence with staggered plantings. White pines were selected because they are fast growing. The proposal also includes “Hannaford To Go” and a drive thru Pharmacy (lanes one and two).

Public Hearing Comments:

Mr. VanVorst set ground rules prior to any comments and read from the posted rules reminding everyone especially about foul language and not repeating what someone else has already stated or expressed concern about. Each commenting person will have 5 minutes to speak and will receive a reminder at the 4-minute mark. Additional comments from that person will need to be submitted in writing. There is to be no insulting, no foul language, and he will be the judge of that, noting that an individual acting in that way may lose their opportunity to speak again. There will be no repeating of previously expressed comments. There will be no response to remarks during the meeting, and all questions will be answered at a later date. He also noted again that there will be no conversation regarding the lights and sidewalks as that has already been established.

1) Arlene McGraw from Saratoga stated she has a physical disability and brain injury. It is a Federal issue of lack of ADA compliance to not have ADA accessible sidewalks and if she is struck by a car, it will be negligence of the Planning Board. She plans to work at Hannaford in the future.

2) Smart Growth Ballston Spa Representative noted that the applicant on the site plan is Rossi, not Hannaford who is described as the tenant. Chair noted that there has been a subsequent revision and Hannaford will be the owner. Mr. Rossi said the PUDD had not described the modifications odd site, and modifications were added during the Walmart application. The Smart Growth rep noted the off-site plan is part of the application and open to discussion. The pedestrian plans proposed are inadequate. Eight feet from the cemetery to the street could accommodate a sidewalk. The plans already include moving the telephones. The plan is inadequate to accommodate walking schoolchildren particularly at the V Corners.

3) Ben Baskin of 60 Ballston Ave also agrees with the Smart Growth representative. Chair interrupted Ben asking “Why are you doing this? I’ve already laid out the rules of the public hearing and you are repeating what someone already said.” Ben said he is exercising his 1st Amendment rights and emphasizes what the prior speaker began. With regard to Walmart, the site plan had a review of off-site improvements. Just as it did then, the PB can consider them now. He also supports the sidewalks and a crosswalk is needed to Rosewood Court and V Corners. Working in these changes would be prudent now rather than later.

4) A resident from McMaster Street welcomes Hannaford, says this is a good opportunity to arrive at the best plan possible for the town and all aspects of concern. She expressed concern about the attitude this evening of “not allowed to” and “did this already”. The stretch of Route 50 is unsafe now for pedestrians. Not everyone can avoid this route, particularly those two take the bus and drop their car off to get fixed and walk home. She views this discussion as a way to get ahead of the obstacles now.

5) Ms. Burlingame has a residence at 89 E. High Street and a business at 20 Church Ave. Kids cross the street every day within her sight, and someone will get hit by a car if there aren’t modifications. She feels any alternatives should be able to be expressed to the Planning Board – isn’t this what they do? Plan for the Town? Mr. Chauvin explained that the Town Planning Board has no ability to approve sidewalks, and offsite is outside the scope of the PUDD. The DOT is the authority here, so the TPB cannot rule. Comments and concerns should be submitted in writing to the Town Board.

6) Karen Welch, a Ballston Ave resident, feels citizens can adapt to change, but is concerned that the TPB is looking at a piece of its geography and not the total concept of the village and town. The Planning Board should be able to act and make the decisions in keeping with what the residents are concerned about. Chair said that the laws are already established by the town council, the Planning Board implements the laws, and if there are restrictions, they can’t implement them. Karen said she feels part of the Planning Board’s responsibility is to listen and find ways to make things happen.

7) Tom, representing Council of NE Carpenters, Local 291 introduced the Local to Hannaford Management.

Chair closed the public hearing saying there will be another one in the future and commented “Maybe a Go Fund Me page can be started if you want to raise money for the sidewalks.” The next meeting will tackle the storm water issue with DEC and County responses. All but 8 people left the meeting after this portion was concluded.

New Business:

O’Reilly Auto Enterprises, Route 50 old CVS Building in Burnt Hills.

Adam, the civil engineer for the architectural firm representing O’Reilly said this is a straightforward turnaround of the old CVS building to include painting, a new sign, and paving of the asphalt. There will be 36 parking spaces, 2 handicapped. It does not include the building next door (the old Veeder & Yelverton store).

Public hearing:

1) Mr. Bechand, BH Hardware is concerned about the drainage situation and asked if O’Reilly was aware that a stream runs through the back of the property. O’Reilly now owns the jointly with him and it has been in major disrepair since 1996. Only a single axle tractor trailer can be on the road. He is asking that for safety concerns it should be repaired and is concerned that the Town PB may not want to fix it. Trucks must be unloaded in the front parking lot. In 1996 a ruling called for a split narrow fence that lasted two years. There is still confusion about where the drain line is, and it is close to the new Stewart’s project. He also asked if the telephone pole wires will be changed, and if Stewarts has an easement on that property. Adam said he was not aware of the issue and will notify the O’Reilly people and work with Mr. Bechand.

The Chair closed the public hearing “probably for good”. The PB voted unanimously that there is no environmental impact and approved the site plan.

Briarwood Brooks Development – Lot Line adjustment

This is the Mourningkill Road subdivision. A 15 ft lot line adjustment was requested, for zoning compliance due to a house plan being reversed and the constructed garage then on the wrong side of the lot. This was unanimously approved.

Meeting was adjourned at 8:40 PM.