Planning Board

November 4, 2019


Attending: John Kincart, Robert Garrigan, William LaScala, Rich Fon, Aaron Bock



1. Popeyes, Route 202

The board approved the first 1-year extension. The applicant expects to begin construction very shortly.  A resident from abutting Pine Grove said her neighborhood had some concerns about the plan but Mr. Fon advised her that the time to express those concerns was at the public hearing that was over a year ago.  He added, though, that she should put her concerns in writing and send them to the Planning Department. Also, that she should review the site plan to see how the homeowners’ concerns, e.g., the location of the dumpsters, are addressed.


2. Hilltop Hanover Subdivision, White Horse Lane

Following the requirements in the 2003 approval resolution, the applicant needs to get board approval to modify the elevation of a proposed new house on a vacant lot. The applicant will also need an erosion and sediment control permit.  The board had no problem with either issue and the Planning Department will prepare the needed resolutions for a vote at the next meeting.


3. McDonalds, Route 202

(See Planning Board, 9-9-2019.)  The applicant showed the board the latest plan that has the approval of the Fire Board. It calls for a gate at the rear of the property that will allow access for fire trucks that will hook up to existing hydrants on both sides of the property.  The applicant explained that installing a new hydrant on Route 202 would cost an estimated $100,000 and that this cost would have to be shared by corporate and the franchise which would place a burden on the franchisee.  The board will vote on the approval resolution at its next meeting.


4. Crystal Court subdivision, Crystal Court

(See Planning Board, 8-12-2019.) After there was a consensus that the town did not want to take the property abutting the lake, the discussion focused on how to handle a conservation easement: who would hold the title to the easement, pay any taxes and have liability.  The general sense appeared to be that the applicant should reconfigure the lot lines for three lots and that the easements would remain with the lot owners.  A public hearing will likely be scheduled in December.


5. Correia site plan, East Main Street, Jefferson Valley

(See Planning Board 9-17-2018.) Mr. Riina returned with a revised site plan that showed a different location for the proposed buildings. The board had some issues with the new location, including the proximity to some nearby houses, and suggested some changes.  Mr. Riina will take the feedback back to his client.  The proposed buildings would be for the use of the current occupant of the site.


6. 650 Pines Bridge Road

A proposed 3-lot subdivsion on 8.06 acres in an R1-80 zone with one existing residence.  The parcel is located near Route 134.  The applicant was advised that even though he plans sell off the two new lots, he will have to submit a proposed improvement plan and EAF for the subdivision.


7.  Battery Storage proposed local laws/Town Board referral

Stewart Glass, the supervisor’s assistant, advised the board that the Town Board is moving ahead on the proposed new battery storage law, which basically follows the NYSERDA model law, as quickly as possible but that an interim moratorium on approving such projects currently in the pipeline was still possible for projects that were not that far along in the approval process.   He advised the board that Con Ed only gets involved in reviewing these proposals after they had been approved by the town and only to the extent that they affect the utility company’s grid.


Mr. Tegeder again distinguished between the Staples project (see below) that he considered an accessory use to the shopping center, and the Gomer Court project which raised zoning issues.  Mr. Bock expressed concern that at present, the board had no standards to use in approving battery storage applications.  Mr. Fon noted that that the state building codes set only minimum standards and Mr. Glass noted that not all the relevant state fire codes have been updated by the International Fire Code group to deal with this new type of facility.


The board did not discuss any of the provisions of either law.


8. Battery Storage Facility at Staples Center

The applicant showed the board revised plans that have been worked out with Mr. Tegeder and reviewed by the Fire Board.  There was a discussion about what type of lithium battery the facility would use and the trade offs of selecting one type over the other.


Following the more general discussion about the proposed  battery storage law, there appeared to be a consensus to approve this project  with the conditions that it comply with any of the provisions in the still to be adopted local law.

A resolution will be prepared for consideration at a future meeting.


9. Barger Street Gas Station/special use permit/Town Board referral

(See Town Board 10-22-2019.) The board has some issues with the proposed site plan, including the location of the new building, traffic patterns and how the plan would provide access to an abutting vacant parcel to the east of the site.  The applicant appeared reluctant to get involved with discussions with the abutting property owner that would delay the approval process. The board will send a memo to the Town Board that it wants more time to review the site plan before sending any recommendations to the Town Board.   The board also suggested a joint site visit with the Conservation Board.  In general, the board is supportive of the plan to upgrade the site.