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1999-05-18 (Queensbury Planning Board Meeting 5/18/99) QUEENSBURY PLANNING BOARD MEETING FIRST REGULAR MEETING MAY 18, 1999 7:00 P.M. MEMBERS PRESENT CRAIG MAC EWAN, CHAIRMAN CATHERINE LA BOMBARD, SECRETARY GEORGE STARK ROBERT VOLLARO LARRY RINGER ROBERT PALING MEMBERS ABSENT TIMOTHY BREWER SENIOR PLANNER-CHUCK VOSS PLANNER-LAURA MOORE TOWN COUNSEL-MILLER, MANNIX & PRATT-MARK SCHACHNER STENOGRAPHER-MARIA GAGLIARDI CORRECTION OF MINUTES March 16, 1999: NONE March 23, 1999: NONE MOTION TO APPROVE THE MINUTES OF MARCH 16, 1999 AND MARCH 23, 1999, Introduced by Larry Ringer who moved for its adoption, seconded by Robert Vollaro: Duly adopted this 18 day of May, 1999, by the following vote: th AYES: Mr. Paling, Mr. Stark, Mrs. LaBombard, Mr. Vollaro, Mr. Ringer, Mr. MacEwan NOES: NONE ABSENT: Mr. Brewer RESOLUTIONS: SITE PLAN NO. 36-98 UNITED CEREBRAL PALSY ASSOCIATION APPLICANT RECEIVED APPROVAL TO PLACE A 608 SQ. FT. PORTABLE TRAILER ON SITE FOR TEMPORARY OFFICE STRUCTURE. SEE LETTER OF 4/21/99 REQUESTING A ONE YEAR EXTENSION. PROJECT APPROVED TO 6/30/99. PATRICK BENNETT, PRESENT STAFF INPUT Notes from Staff, Site Plan No. 36-98, United Cerebral Palsy Association, Meeting Date: May 18, 1999 “Description of Project: Applicant proposes a one-year extension of an approved site plan. The proposed project is to continue locating a temporary office structure on the property. The structure is utilized as office space until an addition can be constructed to the school. Staff Notes: Staff has spoken with the applicant in regards to the length of the extension and future construction plans. The applicant has indicated construction plans are being prepared and there are no plans for future extensions. Recommendation: Staff would recommend granting an extension to the site plan. Staff would suggest the applicant meet with Staff to review the school expansion plans.” MR. MAC EWAN-Good evening. MR. BENNETT-Good evening. I’m Patrick Bennett, Director of Finance, Prospect Child & Family Center, also United Cerebral Palsy Association of Tri Counties. We are working with Richard Jones for a building expansion, which would eliminate the need for the rental trailer at this time, and if everything goes as planned, we should begin building at the beginning of next spring. When that 1 (Queensbury Planning Board Meeting 5/18/99) building project begins, we will have to give up the trailer because it’s on the site where we’re going to be building primarily, but that’ll serve our needs. What it’s being used for is our itinerant therapists, such as physical therapist, speech therapist who are serving the children of Warren/Washington Counties at their homes, and other school sites, are using that as an office to come in to fill out their paperwork, different things of that nature, and it’s working very well for us for that. MR. MAC EWAN-Your intent is to submit an application for Site Plan Review for the new building project? MR. BENNETT-Definitely. That would all be turned over to Richard Jones for that plan on that, anything involving the new building site. MR. MAC EWAN-Okay. Any questions from the Board? MR. PALING-Just the last sentence of your report. They really don’t have an option as to whether they do or don’t come to the Planning Board for that expansion, do they? MRS. MOORE-No. MR. PALING-Well, then you’ve got to come in. Yes. Okay. That’s all I have. MR. MAC EWAN-Okay. Does someone want to put a motion up? MOTION TO APPROVE EXTENSION REQUEST FOR SITE PLAN NO. 36-98 UNITED CEREBRAL PALSY ASSOCIATION, Introduced by Robert Vollaro who moved for its adoption, seconded by George Stark: Until June 30, 2000. Whereas, the Town Planning Board is in receipt of a letter dated 4/21/99 requesting a one year extension to June 30, 2000 of the approved site plan for a portable office trailer on site for use as a temporary office; and Whereas, the above mentioned application, received 4/21/99, consists of the following: 1. Letter from H. Patrick Bennett Whereas, the above file is supported with the following documentation: 1. 5/18/99 - Staff Notes Whereas, a public hearing was not held concerning the above project; and Whereas, the Planning Board has determined that the proposal complies with the site plan requirements of the Code of the Town of Queensbury (Zoning); and Whereas, the Planning Board has considered the environmental factors found in the Code of the Town of Queensbury (Zoning); and Whereas, the requirements of the State Environmental Quality Review Act have been considered; and 1. The Town Planning Board, after considering the above, hereby moves to approve extension request for Site Plan No. 36-98 for United Cerebral Palsy Association. 2. The applicant shall present three (3) copies of the above referenced site plan to the Zoning Administrator for his signature. 3. The Zoning Administrator is hereby authorized to sign the resolution. 4. The applicant agrees to the conditions set forth in this resolution. 5. The conditions shall be noted on the map. The issuance of permits is conditioned on compliance and continued compliance with the Zoning Ordinance and site plan approval process. Duly adopted this 18 day of May, 1999, by the following vote: th AYES: Mrs. LaBombard, Mr. Vollaro, Mr. Ringer, Mr. Paling, Mr. Stark, Mr. MacEwan 2 (Queensbury Planning Board Meeting 5/18/99) NOES: NONE ABSENT: Mr. Brewer MR. MAC EWAN-You’re all set, Mr. Bennett. MR. BENNETT-Thank you very much. MRS. MOORE-Craig, do you want to put in there determination of non-significance? MR. MAC EWAN-Yes, you’re right. MRS. MOORE-Thank you. MR. MAC EWAN-Okay. The Planning Board has determined that there is no significant change in the Site Plan modification. It’s not actually a modification. It’s just granting an extension. Why would we have to do a determination of non-significance on an extension? MRS. MOORE-Okay. MR. RINGER-Why don’t we just make it as per Staff thing, and it’s got it in there already. MRS. MOORE-Okay. MR. MAC EWAN-Yes, he said according to the written resolution. MR. RINGER-He didn’t, but if he did, then it’s already in there. MR. MAC EWAN-Okay. We're all set. OLD BUSINESS: SITE PLAN NO. 14-99 TYPE II MAY SUPPLY OWNER: SAME ZONE: WR-1A, C.E.A., APA LOCATION: HONEYSUCKLE LANE, ASSEMBLY POINT APPLICANT PROPOSES A 30 SQ. FT. ADDITION TO EXISTING DWELLING AND A NEW SEPTIC SYSTEM. ENLARGEMENT OF A NON-CONFORMING STRUCTURE IN A CRITICAL ENVIRONMENTAL AREA REQUIRES PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: TOWN BOARD SEPTIC VAR. (5/99), AV 17- 1999 BUILDING PERMIT – 98-633 WARREN CO. PLANNING: 4/14/99 TAX MAP NO. 8-5-11 LOT SIZE: 0.57 ACRES SECTION: 179-16, 179-79 DENNIS DUVALL, REPRESENTING APPLICANT, PRESENT MRS. LA BOMBARD-And the public hearing on April 27 was left open. th STAFF INPUT Notes from Staff, Site Plan No. 14-99, May Supply, Meeting Date: May 18, 1999 “Description of Project: The application for construction of an addition was tabled at last month’s Planning Board meeting. The Board requested the site development data be clarified. Staff Notes: Staff met with the applicant to review submitted information. The information clarifies the site development data. Staff has no additional concerns. Recommendations: Staff would recommend approval of the site plan.” MR. MAC EWAN-We note that he has an Area Variance in here, too. MR. DUVALL-My name is Dennis Duvall, and I’m May Supply’s agent. MR. MAC EWAN-I think we got everything ironed out, I think. Staff is satisfied with the re- workings of the drawing, dimensioning? MRS. MOORE-Yes. MR. MAC EWAN-Data development sheet and so on and so forth? MRS. MOORE-Yes. MR. MAC EWAN-Okay. Any questions? 3 (Queensbury Planning Board Meeting 5/18/99) MR. VOLLARO-I don’t agree with the site development data at all. If you take a look at it, the percent non-permeable is 20,875. That doesn’t sound like a percentage, and when they talked about paved gravel and other hard surfaces was 2250, and then they have the proposed addition is 0, but I get a total number of square feet for paved gravel and other hard surfaces of 2130. I couldn’t figure where that came from. MR. MAC EWAN-You’re looking at the 20,875? Is that what you’re looking at, in total? MR. VOLLARO-Yes. I’m looking at the 20,875, and that’s normally in a percentage, you know, when you talk about percent non-permeable. So I corrected the thing, and it’s, if you add up the total square footage of 2,044, and what should be 2250, the porch is 126. It comes out to 4420, and not 4300. The rest of it looks okay. I don’t know why you left that 120 foot out, square foot. MR. STARK-Bob, did you figure the percent? MR. VOLLARO-Yes, 17.55. MR. MAC EWAN-Any Staff comments? Do you understand where he’s coming from? MRS. MOORE-No, I do not. MR. MAC EWAN-Okay. MR. VOLLARO-Okay. If you look at the building footprint, I’m on site development data. MRS. MOORE-Okay. MR. VOLLARO-And if you add those two numbers together, 1360 and 684, you get 2,044. Okay. That’s correct. Accessory structures, doesn’t get carried over. The paved gravel or other hard surfaces is 2250, with, he’s got proposed addition of those as zero, but he comes up with a total square footage of 2130, and you carry those across. The 126 is carried over correctly. The 810 is a good number, but the 4300, if you add up 2044, 2250, and 126, you’ll get 4420, and the reason for that is simple. He, for some reason or other, the 2130, instead of carrying the 2250 over to the last column, he has 2130, and I couldn’t figure out where that came from. MR. DUVALL-Excuse me. It’s because part of the driveway area is going to be removed, for the addition, and I couldn’t show on here that it was being deleted. So I just showed it as being 2130 instead of 2250. MR. VOLLARO-Okay. I’ll buy that. If you couldn’t do that, you couldn’t do it. Then the only thing that I see there is the percent non-permeable is not 20,875. It’s really 17.55 percent. That’s what that should be. So that this form is correct, for the record. MR. MAC EWAN-What does Staff come up with for permeability? MRS. MOORE-Seventeen percent, okay. MR. VOLLARO-Yes. MR. MAC EWAN-Okay. Anything else? MR. VOLLARO-On the drawing, the large scale drawing that’s colored, the one that’s in color, yes, that’s exactly 12 foot, that’s the size of your extension, at least I get that? MR. DUVALL-Yes. MR. VOLLARO-Is that correct? MR. DUVALL-That’s correct. MR. VOLLARO-Okay, and then on some of the drawings that you’ve submitted, it looks like the house itself is set back 17 feet. That’s what’s on the drawing anyway, and the 12 foot extension gives you a five foot setback and not a seven. Now I know that the Zoning Board of Appeals gave you seven feet, but I see it as five. MR. DUVALL-The measurements may, on paper, may vary from the field measurements. MR. VOLLARO-By two feet? 4 (Queensbury Planning Board Meeting 5/18/99) MR. DUVALL-But there is, on this diagram here, this surveyor’s stake is in place, and I've measured over their map. MR. VOLLARO-Yes, I see that. MR. MAC EWAN-Are you referring to the surveyor’s lead pipe found right there near the shed? MR. DUVALL-That’s correct. MR. MAC EWAN-That’s the one you used to measure from? MR. DUVALL-Yes, that’s what I measured from. MR. VOLLARO-Well, unfortunately, we haven’t done field measurements. I go by what I see here, and there’s not going to be a problem with this, for me, but I just want to make sure that when something is prepared for the Board that it’s reasonably correct, and that’s all I have on that. MR. MAC EWAN-Okay. MR. PALING-There were a couple of things that weren’t clear to me on this. You’re putting in a brand new septic system? MR. DUVALL-Mrs. Supply is doing that, yes. MR. PALING-Okay, but it is brand new and it is approved for this size house, with the additional two bedrooms? MR. DUVALL-That is correct. MR. PALING-Why is the Town Board approving the variance, in place of the ZBA? MR. MAC EWAN-The Town Board acts as the Board of Health when they do septic variances. MR. PALING-They’re acting as the Board of Health in this situation. MR. MAC EWAN-In all situations regarding septic variances. MR. PALING-Is for the Town Board. Okay. That’s all I have. MR. MAC EWAN-Yes. Is that it? Anything else you wanted to add? MR. DUVALL-No. MR. MAC EWAN-We left the public hearing open. So if anyone wants to comment regarding this application, you’re welcome to do so. Come on up and identify yourself for the record. PUBLIC HEARING OPEN NO COMMENT PUBLIC HEARING CLOSED MR. MAC EWAN-Does someone want to put a motion up? MR. STARK-There’s a prepared motion, just as written? MR. MAC EWAN-Or amended as you see fit. MR. STARK-Bob, did you want to include the five feet instead of the seven feet, or something? MR. VOLLARO-I don’t think so. No. MOTION TO APPROVE SITE PLAN NO. 14-99 MAY SUPPLY, Introduced by George Stark who moved for its adoption, seconded by Robert Vollaro: As written. 5 (Queensbury Planning Board Meeting 5/18/99) Whereas, the Town Planning Board is in receipt of Site Plan No. 14-99, May Supply for addition to existing dwelling and a new septic system; and Whereas, the above mentioned application, received 3/31/99, consists of the following: 1. Application w/maps Whereas, the above file is supported with the following documentation: 1. 4/14/99 – Warren Co. Planning Bd. resolution – NCI 2. Revised Plans from original dated 4/99 3. 4/21/99 – Zoning Board resolution 4. 4/27/99 - Staff Notes Whereas, a public hearing was held on 4/27/99 concerning the above project; and Whereas, the Planning Board has determined that the proposal complies with the site plan requirements of the Code of the Town of Queensbury (Zoning); and Whereas, the Planning Board has considered the environmental factors found in the Code of the Town of Queensbury (Zoning); and Whereas, the requirements of the State Environmental Quality Review Act have been considered; and 1. The Town Planning Board, after considering the above, hereby moves to approve Site Plan No. 14-99 for May Supply. 2. The applicant shall present three (3) copies of the above referenced site plan to the Zoning Administrator for his signature. 3. The Zoning Administrator is hereby authorized to sign the resolution. 4. The applicant agrees to the conditions set forth in this resolution. 5. The conditions shall be noted on the map. 6. The issuance of permits is conditioned on compliance and continued compliance with the Zoning Ordinance and site plan approval process. Duly adopted this 18 day of May, 1999, by the following vote: th AYES: Mrs. LaBombard, Mr. Vollaro, Mr. Ringer, Mr. Paling, Mr. Stark, Mr. MacEwan NOES: NONE ABSENT: Mr. Brewer MR. MAC EWAN-You’re all set, good luck. MR. DUVALL-Thank you. SITE PLAN NO. 12-99 TYPE: UNLISTED JEFFREY HOWARD OWNER: J. HOWARD UNDER CONTRACT TO KAREN WITTE ZONE: MR-5 LOCATION: WEST SIDE BAY RD., ACROSS FROM MAIN ENTRANCE TO ACC APPLICANT PROPOSES CONSTRUCTION OF A 900 SQ. FT. OFFICE BUILDING. PROFESSIONAL OFFICE IS A TYPE II SITE PLAN REVIEW USE IN THE MR ZONE AND REQUIRES PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: AV 95-1990, SP 32-91, AV 19-1999 BEAUTIFICATION COMM.: 4/12/99 WARREN CO. PLANNING: 4/14/99 TAX MAP NO. 60-7-4.3 LOT SIZE: 0.35 ACRES SECTION: 179-18 TOM NACE, REPRESENTING APPLICANT, PRESENT; JEFFREY HOWARD, PRESENT MRS. LA BOMBARD-The public hearing on April 27 was left open. th STAFF INPUT 6 (Queensbury Planning Board Meeting 5/18/99) Notes from Staff, Site Plan No. 12-99, Jeffrey Howard, Meeting Date: May 18, 1999 “Description of Project: This application for an office building on Bay Road was tabled pending Zoning Board of Appeals resolution. The Zoning Board approved the application. Staff Notes: The applicant has addressed all site constraints. Recommendation: Staff would recommend granting site plan approval.” MR. MAC EWAN-Could you read in the memo from Daniel Seaman, from ACC. MRS. MOORE-“I am Daniel B Seaman, Director of Facilities at Adirondack Community College. I would like to include the following question in the Public Hearing/Comment session to be held today at 7 PM. Will your development across from the main entrance to Adirondack Community College impact the traffic control signal currently owned and maintained by the College? If you plan to incorporate it into your plans to enter or exit your facility, then we must discuss issues relative to its ownership and maintenance. Thank you.” MR. MAC EWAN-Is that it? MRS. MOORE-Yes. MR. MAC EWAN-Good evening. MR. NACE-Good evening. For the record, Tom Nace and Jeffrey Howard. Okay. I guess the only real comment is the access into the Adirondack Community College, and I actually went out and measured the distance from the driveway to the center of the traffic light or the center of the driveway coming out Adirondack to our driveway, is about 350 feet. So that is an ample distance. We are back, in this portion of the road, opposite our driveway, we’re well back beyond where the turn lane is, where the taper, the taper is narrowing down, at this point. So, no, there should not be any traffic interference. MR. MAC EWAN-Not at 350 feet. Anything else to add? MR. NACE-No. MR. MAC EWAN-Any questions? Any comments from Staff. We’ll open up the public hearing. Does anyone want to comment regarding this application? You’re welcome to do so. PUBLIC HEARING OPENED NO COMMENT PUBLIC HEARING CLOSED MR. MAC EWAN-We need to do a SEQRA. RESOLUTION WHEN DETERMINATION OF NO SIGNIFICANCE IS MADE RESOLUTION NO. 12-99, Introduced by Catherine LaBombard who moved for its adoption, seconded by George Stark: WHEREAS, there is presently before the Planning Board an application for: JEFFREY HOWARD, and WHEREAS, this Planning Board has determined that the proposed project and Planning Board action is subject to review under the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED: 1. No Federal agency appears to be involved. 2. The following agencies are involved: NONE 3. The proposed action considered by this Board is Unlisted in the Department of Environmental Conservation Regulations implementing the State Environmental Quality Review Act and the regulations of the Town of Queensbury. 7 (Queensbury Planning Board Meeting 5/18/99) 4. An Environmental Assessment Form has been completed by the applicant. 5. Having considered and thoroughly analyzed the relevant areas of environmental concern and having considered the criteria for determining whether a project has a significant environmental impact as the same is set forth in Section 617.11 of the Official Compilation of Codes, Rules and Regulations for the State of New York, this Board finds that the action about to be undertaken by this Board will have no significant environmental effect and the Chairman of the Planning Board is hereby authorized to execute and sign and file as may be necessary a statement of non-significance or a negative declaration that may be required by law. Duly adopted this 18 day of May, 1999, by the following vote: th AYES: Mr. Vollaro, Mr. Ringer, Mr. Paling, Mr. Stark, Mrs. LaBombard, Mr. MacEwan NOES: NONE ABSENT: Mr. Brewer MR. MAC EWAN-One quick question for you. On your stormwater management report, Page Two, it says it was prepared when you were with Haanen Engineering on April 24, 1999, for the Witte Site Plan? MR. NACE-That’s correct. MR. MAC EWAN-Is this the same building size footprint as the original. MR. NACE-Everything about the site is exactly the same. We have not changed anything. MR. MAC EWAN-Just a different applicant? MR. NACE-Different applicant, same footprint, same building, same location, same driveway. MR. MAC EWAN-Okay. Your landscaping plan/schedule that you call it on this drawing is the one you’ll be utilizing? MR. NACE-Yes. MR. MAC EWAN-Did you go to Beautification? MR. NACE-Yes. MR. MAC EWAN-Yes, you did. Okay. Do we have a resolution or something from them regarding this application? I didn’t see it in my packet. MR. RINGER-Yes, it’s there. MR. MAC EWAN-Okay. Just as long as it’s referenced. Okay. Does someone want to make a motion? MOTION TO APPROVE SITE PLAN NO. 12-99 JEFFREY HOWARD, Introduced by Robert Paling who moved for its adoption, seconded by George Stark: As written in the resolution. Whereas, the Town Planning Board is in receipt of Site Plan No. 12-99, Jeffrey Howard for construction of a 900 sq. ft. office building; and Whereas, the above mentioned application, received 3/31/99, consists of the following: 1. Application w/Stormwater Man. Report 2. Maps – 47271-1 (Layout & Utilities) – dated 3/31/99 47271-2 (Grading, Drainage & Landscaping) – dated 3/31/99 Whereas, the above file is supported with the following documentation: 1. 4/27/99 - Staff Notes 2. 4/13/99 – Rist Frost comments 8 (Queensbury Planning Board Meeting 5/18/99) 3. 4/12/99 – Beautification Comm. comments 4. 4/14/99 – Warren Co. Planning Bd. resolution 5. 4/21/99 – ZBA resolution, staff notes 6. 5/18/99 – Staff Notes Whereas, a public hearing was held on 4/27/99 and 5/18/99 concerning the above project; and Whereas, the Planning Board has determined that the proposal complies with the site plan requirements of the Code of the Town of Queensbury (Zoning); and Whereas, the Planning Board has considered the environmental factors found in the Code of the Town of Queensbury (Zoning); and Whereas, the requirements of the State Environmental Quality Review Act have been considered; and 1. The Town Planning Board, after considering the above, hereby moves to approve Site Plan No. 12-99 Jeffrey Howard. 2. The applicant shall present three (3) copies of the above referenced site plan to the Zoning Administrator for his signature. 3. The Zoning Administrator is hereby authorized to sign the resolution. 4. The applicant agrees to the conditions set forth in this resolution. 5. The conditions shall be noted on the map. 6. The issuance of permits is conditioned on compliance and continued compliance with the Zoning Ordinance and site plan approval process. Duly adopted this 18 day of May, 1999, by the following vote: th AYES: Mr. Ringer, Mr. Paling, Mr. Stark, Mrs. LaBombard, Mr. Vollaro, Mr. MacEwan NOES: NONE ABSENT: Mr. Brewer MR. NACE-Thank you. MR. MAC EWAN-You’re all set. Good luck, Jeff. MR. HOWARD-Thank you. NEW BUSINESS: SITE PLAN NO. 18-99 AMERICAN LEGEND OWNER: CHERYL & DAVID KENNY/KENNY-BROCK PARTNERSHIP ZONE: HC-1A LOCATION: REEBOK OUTLET CENTER APPLICANT PROPOSES A TRANSIENT MERCHANT OPERATION, SALE OF MOTORCYCLE CARGO TRAILERS, IN A PORTION OF THE PARKING LOT IN THE REEBOK OUTLET CENTER (KENNY-BROCK PARTNERSHIP) DURING AMERICADE. CROSS REFERENCE: TOWN BD. MTG. – 5/3/99, 5/17/99 WARREN CO. PLANNING: 5/12/99 TAX MAP NO. 36-1-33.2 LOT SIZE: N/A SECTION: 160-8A(2) LISA SCHRYER, REPRESENTING APPLICANT, PRESENT STAFF INPUT Notes from Staff, Site Plan No. 18-99, American Legend, Meeting Date: May 18, 1999 “Description of Project: The applicant proposes a transient merchant operation to display motorcycle trailers during Americade. The display area will be located on the west side of the planters at the “Reebok Outlet”. The display area will measure about 30 ft. by 80 ft. and requires approximately three parking spaces. Staff Notes: The applicant has addressed site location, display area, and pedestrian/vehicle circulation. The display area will be marked with cones, with the activity occurring between the roadside and the planters, pedestrian/vehicle conflicts will be at a minimum. Recommendation: Staff recommends approval of the application.” 9 (Queensbury Planning Board Meeting 5/18/99) MR. MAC EWAN-Anything else? MRS. MOORE-There was No County Impact. MR. MAC EWAN-Okay. Could you identify yourself for the record. MS. SCHRYER-Good evening. My name’s Lisa Schryer. I’m an Associate with Rehm and Stafford, and I’m here on behalf of American Legend Motorcycle Trailers. MR. MAC EWAN-Can you tell us a little bit about your project, or your request? MS. SCHRYER-As was stated, American Legend is just requesting a transient merchant permit to sell motorcycle trailers during the Americade week. They will probably have about five or six trailers there on site, otherwise they’ll just be taking orders for additional trailers. MR. MAC EWAN-Okay. MS. SCHYRER-If there are any questions. MR. MAC EWAN-It doesn’t sound like it’s taking up a lot of space. Questions? Staff? I’ll open up the public hearing. Does anyone want to comment on this application? You’re welcome to do so. PUBLIC HEARING OPENED NO COMMENT PUBLIC HEARING CLOSED MR. MAC EWAN-Does someone want to put a motion up? MOTION TO APPROVE SITE PLAN NO. 18-99 AMERICAN LEGEND, Introduced by Robert Vollaro who moved for its adoption, seconded by Larry Ringer: In accordance with the resolution as submitted by Staff. Whereas, the Town Planning Board is in receipt of Site Plan No. 18-99 American Legend for transient merchant operation during Americade; and Whereas, the above mentioned application, received 4/28/99, consists of the following: 1. Application w/drawings Whereas, the above file is supported with the following documentation: 1. 5/18/99 - Staff Notes 2. 4/30/99 – L. Moore from J. Parkhill 3. 5/3/99 - Memo to C. Round from L. Moore 4. 5/3/99 - Town Bd. resolution 156.99 5. 5/7/99 - Meeting notice 6. 5/11/99 – Notice of Public Hearing Whereas, a public hearing was held on May 18, 1999 concerning the above project; and Whereas, the Planning Board has determined that the proposal complies with the site plan requirements of the Code of the Town of Queensbury (Zoning); and Whereas, the Planning Board has considered the environmental factors found in the Code of the Town of Queensbury (Zoning); and Whereas, the requirements of the State Environmental Quality Review Act have been considered; and 1. The Town Planning Board, after considering the above, hereby moves to approve Site Plan No. 18-99 American Legend. 2. The applicant shall present three (3) copies of the above referenced site plan to the Zoning Administrator for his signature. 3. The Zoning Administrator is hereby authorized to sign the resolution. 10 (Queensbury Planning Board Meeting 5/18/99) 4. The applicant agrees to the conditions set forth in this resolution. 5. The conditions shall be noted on the map. The issuance of permits is conditioned on compliance and continued compliance with the Zoning Ordinance and site plan approval process. Duly adopted this 18 day of May, 1999, by the following vote: th AYES: Mr. Paling, Mr. Stark, Mrs. LaBombard, Mr. Vollaro, Mr. Ringer, Mr. MacEwan NOES: NONE ABSENT: Mr. Brewer MR. MAC EWAN-You’re all set. Good luck. MS. SCHRYER-Thank you. SITE PLAN NO. 24-99 TYPE: UNLISTED PAMELA DEGROFF & LESLEY CORLEW OWNER: STEWART’S ICE CREAM ZONE: NC-10 LOCATION: 347 AVIATION ROAD, STEWART’S ICE CREAM APPLICANT PROPOSES A BEAUTY SHOP IN AN EXISTING SPACE IN THE STEWART’S ICE CREAM BUILDING. BEAUTY SHOP IS A TYPE II SITE PLAN REVIEW USE AND REQUIRES PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: SP 34-86, 40-86, 17-93, 50-93, 20-94 TAX MAP NO. 78-1-8.62 LOT SIZE: 1.037 ACRES SECTION: 179-25 PAMELA DE GROFF & JENNIFER HOWARD, REPRESENTING APPLICANT, PRESENT STAFF INPUT Notes from Staff, Site Plan No. 24-99, Pamela DeGroff & Lesley Corlew, Meeting Date: May 18, 1999 “Description of Project: The applicant proposes to use a portion of an existing structure (Stewart’s Ice Cream Shop) to operate a Hair Salon. Site Plan review is required for a Hair Salon in the Neighborhood Commercial zone. The application meets the requirements of Article V, Site Plan Review. Staff Notes: The applicant and property owners have discussed the site and use with Staff. The applicant has supplied adequate information addressing access, available parking, and usage. The proposed use appears to be compatible with the existing uses at the site. Staff Comment: The drawing submitted does not correspond with the drawings approved for Site Plan 20-94. Site Plan 20-94 was approved with the condition that 20 lilac bushes were to be located on the west side of the building (resolution attached). The submitted drawing and the existing site conditions show an intermix of plantings. Staff finds the existing landscaping adequate, however, would request the owners of the property revise their site plan map for this application. Staff would also suggest the applicant confirm with Staff prior to any site enhancements of the property in the future. Staff would request the property owner’s revised plan show the following: landscaping, type and number; structures, footprint sq. ft. and gross leasable floor area; outside storage and dumpster location; parking, proposed and existing; sign location; stormwater drainage areas Recommendation: Staff recommends approval of the site plan application with the condition the property owner submit a revised site plan.” MR. MAC EWAN-Okay. Your last sentence under “Staff Comment” said “Staff would also suggest that the applicant confirm with Staff prior to any site enhancements of their property in the future.” Should that not be the owner? MRS. MOORE-The owner. MR. MAC EWAN-Okay. Could you read into the record, too, the April 19 letter from Stewart’s, th please. MRS. MOORE-It says “To Whom It May Concern: Stewart’s Ice Cream Co. has had a vacancy at the rental unit adjacent to our shop at 347 Aviation Rd. since February, 1998. We have now signed a lease with a retail business currently located in Queensbury. The new proposed use will be a hair salon. The tenant will be leasing 1337 square feet with the remaining portion to still be used as a district office. The office has two people that are there on a daily basis. Attached is the current interior layout showing the only construction to take place on the part of Stewart’s is the additional of a wall. There will be no work taking place on the exterior of the building or premises. Also attached is the as built from 1994 when approximately 15 parking spaces were added. Our engineer has found the current septic sufficient for the above use. However, if necessary additional drywells 11 (Queensbury Planning Board Meeting 5/18/99) can be added to increase the disposal amount. I will be attending the May meeting with the Tenant. Please contact me with any questions or concerns you may have prior to the meeting so I can answer them at that time. Sincerely, Jennifer L. Howard, Real Estate Coordinator” MR. MAC EWAN-Okay. Anything else? Is that? MR. MOORE-Yes. MR. MAC EWAN-Good evening. Could you identify yourselves for the record, please. MS. DE GROFF-Pamela DeGroff, co-owner of Adonis Hair Design. MS. HOWARD-And I’m Jennifer Howard, here on behalf of Stewart’s Ice Cream. MR. MAC EWAN-Okay. You’re going to basically remodel the existing office area to a beauty salon area? MS. DE GROFF-Right. MR. MAC EWAN-Is Staff satisfied with the concerns that we had with the prior site plan approval, that there was some questions of what was accomplished, what was not accomplished? MRS. MOORE-I had a discussion with Jennifer Howard today, and she is willing to submit an as built set of plans of currently what exists out there, and I’ll leave it at the discretion of the Board, if they feel that they can make an approval conditional upon that. MS. HOWARD-I did visit the site today, before my time this was, but I did my best account, and what is on the plan, obvious, is not what’s there. The only discrepancies I have were two parking spots that were stated to exist that do not, and the shrubs, the lilac bushes which are not lilac bushes, and those were the only changes I was going to make. Other than the freestanding sign, the drywells, and the stormwater drainage areas, we did verify, do existing, and they are aware, they’re stated on the plan. MR. MAC EWAN-Where are the two parking spots that? MS. HOWARD-Sixteen and seventeen, that are almost next to the office, adjacent to the existing office on the site plan are not there. There’s 15 spots on that side, and they think there’s 17. Physically counting them today, there are 15. MR. MAC EWAN-Do you feel the site is adequate for parking for this kind of a business? MS. HOWARD-I do after discussing with Pamela how many people she has. She does have a list, on a daily basis, of how many customers and how many employees she has. If need be, we do have the availability to add those two along with the other three, which would be 38, 39, and 40, that are not developed, that were for future. MR. RINGER-Where would they be? MS. HOWARD-They’re on, if you’re looking on the site plan, on the right side, in front of the two trees, they’re the shaded area, 38, 39, and 40. MRS. MOORE-I’m going to interrupt just for a second. The submitted plans that you submitted to them are different than what you have in your hand. MS. HOWARD-They don’t have it? MRS. MOORE-Correct. MS. HOWARD-I thought you had it, or they had it. I’m sorry. MRS. MOORE-No. MR. MAC EWAN-Okay. Why does she have different plans than what we have? MRS. MOORE-Why? The plans that they submitted are from a drawing that they did previous. We do not have record of it. I had given them a copy of a site plan approval, 20-94. MS. HOWARD-And that’s what I’m using. 12 (Queensbury Planning Board Meeting 5/18/99) MRS. MOORE-That’s what she’s using. MR. MAC EWAN-I’m trying to kick in my memory banks here. I recall, and I don’t know who was on the Board at the time, several years ago, we had something going on up there, and I don’t remember exactly what it was, but it was another applicant who was going to occupy this same spot, but there were some discrepancies in what was originally approved for the Stewart’s site plan. MS. HOWARD-Was not what was built, right. So then they had to, it was my understanding that Marianne M. from Stewart’s appeared before the Board in ’93, which carried over to ’94, and this is the plan that was approved, and this is the plan that was supposed to be. MR. MAC EWAN-That was the plan that was approved by who? MS. HOWARD-By the Board. MS. HOWARD-As I recall, no one ever came back in. That’s what I’m trying to get to. Did anyone ever come back in front of the Board? Because we had, it was carried over a couple of meetings, and we had a couple of different representatives from Stewart’s, over the course of two or three meetings. MS. HOWARD-I have a June 28 approval of ’94. th MR. MAC EWAN-Of ’94? MS. HOWARD-Yes. MR. MAC EWAN-Okay. MR. SCHACHNER-Yes, that’s right in your packet. MR. MAC EWAN-I’m just trying to get clear what had to be corrected, versus what wasn’t corrected, that we’re all on the same page here with this thing. How many clients do you expect a day? MS. DE GROFF-We average anywhere from 25 to 40, more so toward the weekend, and that’s an 11 hour period. MR. MAC EWAN-Twenty-five to forty, and most of that’s on a weekend, more toward the weekend Thursday, Friday. MS. DE GROFF-On any day there’s 25 clients, approximately, and that’s in 11 hours. MR. RINGER-Does Stewart’s have any idea how many of their parking spots are used during the day? MS. HOWARD-No. All I can tell you is after speaking to the store, we obviously checked with the store, and being the district office is there, ask them before we sign a lease, if they have any comments regarding their parking, whether or not it would be overflowing, and their comments were positive, that never have they come out and seen any, on any given day, and seen all the spots filled up with a need for more. MR. RINGER-No, but many times, I live in the area myself, and I frequent that store on occasion, particularly for gas, and quite often, the front of the store is filled with the parking. Is there a way that could be designated where the employees of Stewart’s, the two district managers that may be there, and the employees of the beauty shop would be parking, to the rear all the time? MS. HOWARD-Yes. They park in the rear. The district office people, usually there’s two of them parked on the last two spots on their side, and the employees park in the last spot. MR. RINGER-That would be 15 and 16? MS. HOWARD-Yes, and then the employees usually park on the other side. MR. RINGER-Thirty-four and thirty-three, on the map we’re looking at? MS. HOWARD-It would be on the plan you have. MR. MAC EWAN-But you said parking space 16 doesn’t exist. 13 (Queensbury Planning Board Meeting 5/18/99) MS. HOWARD-On his plan it does, but, see, we’re dealing with two different plans. Laura’s got the plan she gave me. MRS. MOORE-This is the plan she’s referring to. MR. RINGER-It’s not that much different than ours. Handicapped parking, you’ve got that one spot to the right. Now with the addition of the beauty parlor, you’re going to get quite a bit of traffic. Wouldn’t it be logical to put another handicapped spot to the side of the beauty shop? MS. HOWARD-We could do that. I mean, that’s certainly not a problem. MR. RINGER-I would think you would want to do that, and I think Staff would probably like to have something like that, too. Wouldn’t you, Laura? I mean, the way it is now, the handicapped ramp is way over to the right, where the Stewart’s Shop is, as a matter of fact at the very end. So for someone to come in to the beauty shop, that required a wheelchair or something, would have to come up there, come all the way across, and then into the beauty shop. I would think that if 17 is going to be open, which shows on our map, 17 and possibly 18, I don’t know how many they would need for the handicapped. MRS. MOORE-Right. I don’t know, off the top of my head, but I believe for 25 it’s one required handicapped spot. MR. RINGER-Well, they’ve got 34. So they would need two? MRS. LAURA-I believe. I don’t know, off the top of my head. MR. RINGER-Yes. I’d like to see that, I think we’d like to see something like that, and put over there by the beauty shop. MR. MAC EWAN-Anything else, Larry? MR. RINGER-No. MR. MAC EWAN-Bob? MR. VOLLARO-Yes. In the Stewart’s letter, it says our engineer has found the current septic sufficient for the above use. Is there a statement in here by him? MS. HOWARD-I have his report in front of me. which he has not stamped yet, that he sent to me today. MR. VOLLARO-The reason I ask that question is that considering the plan change in use, you had a drycleaner in there before? MS. HOWARD-Yes, strictly a drop off. MR. VOLLARO-Strictly a drop off. MS. HOWARD-They did not dryclean on premises. MR. VOLLARO-It effected no load on that septic system at that time? MS. HOWARD-Basically. MR. VOLLARO-But now, with the added water use and so on, where is the leach field located? I assume, on my drawing, that the septic is right behind? MS. HOWARD-Correct. MR. VOLLARO-Okay. Is there a leach field, or just wells? MS. HOWARD-Just wells. MR. VOLLARO-Just wells, no leach field. See, I’m just looking for an engineer’s statement that the added water use, it’s going to be a considerable amount of load, now, on that septic system, versus what was there before, with washing hair, etc., etc. So I just wanted to make sure that that septic tank is going to handle that. 14 (Queensbury Planning Board Meeting 5/18/99) MS. HOWARD-What I've got, I do have that I can read you is his, it is a two page statement. I’ll read you the pertinent part, and I will forward that, but it wasn’t stamped. So I didn’t want to submit it. He’s got on here, “The Stewart’s Shop and office space presently have an existing septic system that handles flows of 504 gallons per day of sanitary effluent. The existing system consists of one 1,000 gallon septic tank with two drywells, and the total flows from the building will be 904 gallons per day. The present septic tank size should be verified in the field, and if necessary, an additional 1,000 gallon tank will be installed”. And then he has how he figured out his computations. He used the book for hair salons and also one washing machine, which she will have in there, to do towels and what not. He did include that, also. MR. MAC EWAN-So, according to his letter, he still needs to verify what size tank they actually have? MS. HOWARD-Correct. There’s no reason to think that the 1,000 isn’t in the ground, but as an engineer, obviously, he wants to be sure that that’s what’s there. MR. VOLLARO-Well, that 1,000 gallon tank, if it is a 1,000 gallon, you’re going to be feeding it almost it’s total capacity in a single day. So the drywells, in effect, have to be capable of handling almost that amount. Because you’re going to be exchanging water in that septic tank almost on a daily basis. MS. HOWARD-Correct. MR. VOLLARO-So, I don’t know. I’d certainly have to see that engineering, you know, I’d like to see him stamp that, to make sure that he’s, I have some concerns with that, personally. You’ve got six stations in that new. MS. HOWARD-I think we need to clarify how many people are on at once. MS. DE GROFF-Yes. At any given time, there’s two to three stylists on. MR. VOLLARO-Well, the number that’s pertinent is the amount of, it talks about the final amount in terms of 900 and some odd gallons per day. MS. HOWARD-Right. Maximum capacity is 904. MR. VOLLARO-So she’s almost at the capacity of a septic tank to change the water in that tank once a day. That means the drywells have to be capable of handling that load. MR. MAC EWAN-Does Staff have any comment that they want to throw in at this time? MRS. MOORE-I don’t know. MR. MAC EWAN-I think it would be reasonable to request that, from the engineer that it’s stamped, to verify that it can handle that flow. It might even actually be worthwhile to refer that, also, to Rist-Frost, and have them look at it. MR. VOLLARO-I think the engineering statement said that, if needed, he would add a conditional tank as well. Is that some of the words in his? MS. HOWARD-Yes. MR. MAC EWAN-My concerns, at this point, is that they’re not sure exactly what the tank is out there. MR. STARK-Craig, being built in 1994, most likely it’s, they didn’t make less than a 1,000 gallon tank back then, but it still should go to Rist-Frost and why don’t you table it for a week and then get his answer by next week? I mean, he could surely give you an answer by next week. That’s not too much of a. MR. MAC EWAN-No, that’s where I actually was heading with it. Have you got anything else? MR. STARK-Well, most likely it’s a 1,000 gallon tank. They didn’t make less than a 1,000 gallon tank, and the soil up there is very highly permeable, but let Levandowski sign off on it, though. MR. PALING-Parking spaces 29 through about 37 are not paved, are they? MS. HOWARD-Yes, they are. There’s nine spaces. 15 (Queensbury Planning Board Meeting 5/18/99) MR. PALING-Okay. MRS. LA BOMBARD-I don’t have anything, except that I think you should let the engineer sign off on it. MR. STARK-That’s not an imposition. MR. MAC EWAN-No. It’s not. Anything else that you wanted to add? I think what I’d like to do is open up the public hearing. If anybody wants to come up and comment regarding this application, you’re welcome to do so. PUBLIC HEARING OPENED RICHARD JONES MR. JONES-Good evening. My name is Richard Jones, and I have the office next door to the Stewart’s store. I’d like to read into the record a letter from my wife, who is the property owner. She owns the property both on the west side of Stewart’s and behind Stewart’s as well. “Town of Queensbury Planning Board Members: I currently own the property to the rear and west of the existing Stewart’s Ice Cream at 347 Aviation Road. In reviewing the proposed site plan review application, I have several concerns. At times there is a shortage of parking for the current tenants, the Stewart’s Ice Cream Shop/Gas Station and the Stewart’s Conference Center”, that is not strictly an office. That is actually a conference center that, on Monday’s, is totally packed with cars, “at the rear of the building. With the addition of this type of tenant, the parking problem will only become more critical. To help alleviate this problem, the reserve parking spaces as proposed along the east property line in 1994 should be provided.” Those are the three parking spaces that they said were in reserve. “Can the existing septic system handle the additional load created by this type of tenant? The design standards require 170 gallons per day for each hair dressing station” of which there are six in the building, “and the existing system, which is currently located under the paved area at the rear of the building, should be reviewed for adequacy.” There is currently only one drywell, an eight foot diameter drywell, behind that, and I have a copy of the existing site plan from the 1994 site plan review. “Conformance to all site issues as agreed to during Stewart’s site plan review in June of 1994, namely; Maintenance of all landscaping and plantings. Several have died and have not been replaced on both the rear and west property lines. Without the large white pines in place at the rear of the property, vehicles drive from the rear parking lot at Stewart’s and then across my property to Manor Drive” They actually exit across the backside of the property. “Maintenance of the stormwater drainage system. Several of the black top curbs along the west property line have been damaged by plowing and have not been repaired thus allowing drainage from the parking lot to spill onto my property. Snow is stockpiled on the existing paved drainage swale at the rear of the property in the buffer zone thus restricting the proper flow of storm water to the retention area. To maintain adequate parking spaces and proper drainage, the snow should not be stockpiled in the buffer zone and should be removed from the site during severe winter months. I appreciate the consideration of my comments and position regarding the Town review of this site plan application. Sincerely, Barbara Jones 339 Aviation Road Queensbury, NY 12804” MR. MAC EWAN-A quick question for you. Have you addressed your concerns with cars driving across your back parcel with anybody from Stewart’s? MR. JONES-We had, originally, and that’s when they added all of the plantings along the two property lines. The original site plan application in 1993 and ’94 was for an addition of two spaces to the Stewart’s store. They were looking to purchase property to the east side. It was discovered at that time that basically the site plan, the way it was laid out, was not what had been approved, I believe, in ’91 or ’90. They had actually added that conference center to the backside of the Stewart’s. So the building was larger. None of the setbacks were in conformance. They actually had paved onto our property on the west side, and all of the drainage was just spilling into the west side and basically dumping in our side yard. We had a major drainage problem at our building at 339 Aviation Road, because of that, and most of them had been addressed, but they basically need to address those items and keep them maintained, because it’s a continuing problem, and if it’s not maintained, we continue to have water in the side yard, and vehicles driving through. MR. MAC EWAN-Okay. Thank you very much. MR. JONES-Thank you. MR. MAC EWAN-Anyone else? I think for the time being I’ll leave the public hearing open. I guess my first concern is the utilization of the rear office. Can you tell us what that’s used for? MS. HOWARD-Currently, right now, it’s a district office, and that district has approximately 22 stores in it. They hold their meetings there on Monday. With the obvious addition of the hair salon, 16 (Queensbury Planning Board Meeting 5/18/99) they’ve been renting property at the Ramada, on a weekly basis. That will not be the meeting place. As I stated, there’s two employees there full time, that are there all the time, but the meetings no longer, since two weeks ago. We’ve been renting a room at the Ramada on every Monday. I mean, it’s obvious you can’t have all those people parking in there with the hair salon and the store. MR. RINGER-Were you aware of the problem he has with people going through onto Manor Drive? MS. HOWARD-I’m not aware of any of those issues. I've been with Stewart’s for five years, and I've never had anything like that brought to my attention, from the store, the district office, and they’re usually very good when they’re there. I mean, I can certainly address some of them. The only thing I’m not clear is where people are cutting through. MR. MAC EWAN-It would appear that they would be cutting through, it would be the northwest corner? MR. JONES-No, back by the dumpster. MR. MAC EWAN-Back by the dumpster on that side? MS. HOWARD-Now, they’re exiting on your property where, that’s where I’m not clear. MR. JONES-They’re driving right across the property. MR. MAC EWAN-Right straight through his property, he’s saying, right onto Manor Drive. It’s right somewhere in the vicinity of where the pole is, the utility pole. MS. HOWARD-I was back there today. There’s a walkway, but you can’t put a car back there. MR. JONES-Yes, you can. MS. HOWARD-Can you, because I walked through it. I had to duck under the trees to find the iron point. MR. STARK-Why doesn’t the representative from Stewart’s meet with Mr. Jones, and he can point out exactly what the problems are, by next Tuesday, or next Monday, I should say, then she’ll know exactly what he’s talking about. I’m sure Mr. Jones would be happy to point out the problems. MS HOWARD-Yes. I would certainly wish to address them if they’re a problem. I wish I knew about them previous, but I am aware of the dead trees, which the snowplow gentleman was supposed to take care of, which he didn’t. I guess he was piling snow there. MR. PALING-Is Stewart’s willing to commit to the lesser usage of that meeting room back there, that it’ll just be used for an office and not an assembly or meeting place? MS. HOWARD-Yes. We need to do that for our tenant. I mean, she wouldn’t have any parking. MR. PALING-Yes, but are you willing to commit to us that you won’t use it beyond being an office? MS. HOWARD-Yes. Absolutely. MR. MAC EWAN-Anything else, George? MR. STARK-Just my recommendation that they meet and Mr. and Mrs. Jones can point out the problem. MR. MAC EWAN-Cathy, anything? MRS. LA BOMBARD-No. MR. MAC EWAN-Bob? MR. VOLLARO-No, nothing beyond what I've said already on the septic system. Somebody did say that that septic is under macadam? Is that septic system covered over with macadam in any way? MR. MAC EWAN-Yes. MS. HOWARD-I believe it is. 17 (Queensbury Planning Board Meeting 5/18/99) MR. MAC EWAN-It is. MR. VOLLARO-Well, then, if he wants to verify the size of it, he’s got to get down through the macadam to do it. MR. MAC EWAN-Larry? MR. RINGER-No, we’re planning on tabling this? MR. MAC EWAN-That’s my recommendation. I’d like to see this tabled. I’d like to have you submit to Staff your engineering report, verifying what size septic, and that the septic system you currently have on site will be adequately able to serve the beauty salon. I’d like that reviewed by Rist- Frost, if we could, please. Maybe in the meantime, you can get together with Mr. Jones and see if a remedy can’t be worked out to deter people from driving through your parcel onto his parcel to Manor Drive, and I’ll be honest with you, my concerns here with this site is the utilization of that rear office, as Mr. Paling was saying, for your weekly meetings, considering the high volume of potential business that she’s going to have with the beauty salon, and demonstrating that you’re going to have adequate parking on the site to handle all of that. I don’t know how many more parking spots you can squeeze out of that site. MS. HOWARD-We can get five more, right now. MR. MAC EWAN-And you’ll need to submit a revised drawing to Staff, showing that. MS. HOWARD-Yes. MR. MAC EWAN-And any kind of additional buffering or whatever you’re going to do to work with Mr. Jones in his parcel to deter the driving, and when you get those to Staff, those adequately addressed, then we can put you on for the very next meeting, which would either be, depending upon how quickly you turn things around and give Staff time to review them, we have a number of meetings coming up over the course of the next few weeks. MS. HOWARD-All right. MR. RINGER-When you do your revised site plan, include those extra handicapped spots by the? MS. HOWARD-Yes. I’m going to have them pick which one we think would be best to suit her. MR. MAC EWAN-How many more handicapped spots do they require for this? MRS. MOORE-I don’t have that number off the top of my head. MR. MAC EWAN-Okay. You will review that with them? MRS. MOORE-Yes. MR. MAC EWAN-Okay. On that note, we’ll table it. Okay. MS. HOWARD-Okay. MR. MAC EWAN-Thank you. MS. HOWARD-Thank you. MRS. MOORE-Are you going to do a formal tabling? MR. MAC EWAN-We just did. MRS. MOORE-A vote? MR. MAC EWAN-It’s tabled. MRS. MOORE-Okay. MR. MAC EWAN-We left that public hearing open, too. SITE PLAN NO. 19-99 TYPE: UNLISTED STAN GANNON/TOP OF THE WORLD AUTO BODY OWNER: SAME ZONE: HC-1A LOCATION: 619 QUAKER ROAD APPLICANT PROPOSES TO ADD RENTAL CAR BUSINESS TO EXISTING AUTO 18 (Queensbury Planning Board Meeting 5/18/99) BODY SHOP, SHARE AN EXISTING OFFICE AND ADD FENCING TO SECURE REAR PARKING AREA. AUTOMOBILE SALES AND SERVICE AND CONSTRUCTION OF A FENCE IN A COMMERCIAL ZONE REQUIRE PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: SP 1-86, SP 22-92, SP 34-90, SP 52-95 WARREN CO. PLANNING: 5/12/99 TAX MAP NO. 109-3-4 LOT SIZE: 3.508 ACRES SECTION: 179-23 STAN GANNON, PRESENT STAFF INPUT Notes from Staff, Site Plan No. 19-99, Stan Gannon/Top of the World Auto Body, Meeting Date: May 18, 1999 “Description of Project: The applicant proposes to operate a vehicle rental business in conjunction with an auto body repair service. In addition, the applicant will be constructing a fence to the north side of the building. Planning Board review and approval is required for new auto related uses and construction of a fence in the Highway Commercial zone. Staff Notes: The applicant met with Staff prior to submission to review the proposal. The applicant has indicated rentals will be for vehicles only, not U-Hauls or related trucking rentals. The site has adequate parking as calculated – 5,731 sq. ft. of gross floor area which requires 29 spaces, 36 are identified. The site appears adequate to accommodate auto body repair and vehicle rentals. The fence as shown and described will discriminate unnecessary vehicle traffic to the rear of the building. Recommendation: Staff recommends approval of the site plan as submitted.” MRS. MOORE-And there was No County Impact. MR. MAC EWAN-Nothing else? MRS. MOORE-No. MR. MAC EWAN-Good evening. Could you identify yourselves for the record, please. MR. GANNON-I’m Stan Gannon from Top of the World Auto Body. SHARON FAULKNER MS. FAULKNER-I’m Sharon Faulkner from Premier Car Rental, a division of Budget Rent A Car. MR. MAC EWAN-Could you tell us a little bit about the project? MR. GANNON-Well, basically, we just want to have on-site rentals because it just goes hand in hand with our business. We’ve actually had a request from the insurance company that it would make things go smoother for their clients if they could kind of do a one stop shopping thing, and so we hooked up with Premier here, and they seem to be interested in going hand in hand with us on that, and basically, that’s it. We plan on just starting out with our own customers, and seeing how that works, and then, if it catches on, of course, we’ll be doing, also the general public, anyone who wants to rent a car can come in and do that. MR. MAC EWAN-Just automobiles? MR. GANNON-Yes. MR. MAC EWAN-How many do you expect that you’ll have on site at any given time? MR. GANNON-Well, hopefully not too many. Hopefully they’re all on the road being rented, but I would say a maximum of 10, and I would be parking those in the rear of the building, and not out front. I would just park the ones on the front who are going to be getting picked up or delivered, stuff like that, but they would just stay out back. They wouldn’t be out in the front. MR. MAC EWAN-Okay. MR. RINGER-They would be parked where you have that 14 additional cars, is that what you’re saying? MR. GANNON-Yes, in the back of the building. MR. RINGER-That’s not paved or anything. In the winter you’re going to plow that out? MR. GANNON-Yes. 19 (Queensbury Planning Board Meeting 5/18/99) MR. RINGER-And it’s all crushed stone? MR. GANNON-Yes. We don’t see that much problem. We’ve done that for quite a few years. Just don’t rake it out of the grass. MR. VOLLARO-I had a little problem with this. So I went up there this afternoon and I talked with the gentleman that’s in front of us, and I noticed that, I thought it was a holding tank that he had there for septic, but it’s not. The septic tank is right in here. My question was, the Town water line went right by the septic tank, but he said that water line has now been moved. I no longer have a problem with it, but this drawing is not an accurate depiction of what’s on the site. The water line has been moved, where you see “Town water”. The holding tanks are actually tanks that re-deposits water in from the wash bays, and there’s two of those, and in the middle of that, there’s a septic tank. MR. MAC EWAN-Okay. Are you satisfied with that, then? MR. VOLLARO-Yes, as far as I’m concerned, I don’t see any problem with it. MR. PALING-Would you describe the fence to me and the purpose for it, please. MR. GANNON-Right now, we have a driveway that goes around the back of the building, and we park all the wrecked cars back there. So, we have a lot of people just driving back there, and looking at the cars, and things like that, and we’re starting to end up with some things missing. So we wanted to put a gate and a six foot chain link fence, like a brown colored fence, just back to the, there’s like a drainage hole there, and just to keep the traffic from going back and forth. MR. PALING-A chain link fence, what, an eight foot fence with a gate on it? MR. GANNON-Six foot, with, yes, it’s a 20 foot gate that would fold against part of the building, and then the other one would fold straight out on the side of it, yes. MR. PALING-Okay. That’s all I have. MR. MAC EWAN-Anything from Staff? MRS. MOORE-No. MR. MAC EWAN-We’ll open up the public hearing. Does anyone want to comment regarding this application? PUBLIC HEARING OPENED NO COMMENT PUBLIC HEARING CLOSED MR. MAC EWAN-We need to do a SEQRA. RESOLUTION WHEN DETERMINATION OF NO SIGNIFICANCE IS MADE RESOLUTION NO. 19-99, Introduced by Catherine LaBombard who moved for its adoption, seconded by Robert Paling: WHEREAS, there is presently before the Planning Board an application for: STAN GANNON/TOP OF THE WORLD AUTO BODY, and WHEREAS, this Planning Board has determined that the proposed project and Planning Board action is subject to review under the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED: 1. No Federal agency appears to be involved. 2. The following agencies are involved: NONE 3. The proposed action considered by this Board is Unlisted in the Department of Environmental Conservation Regulations implementing the State 20 (Queensbury Planning Board Meeting 5/18/99) Environmental Quality Review Act and the regulations of the Town of Queensbury. 4. An Environmental Assessment Form has been completed by the applicant. 5. Having considered and thoroughly analyzed the relevant areas of environmental concern and having considered the criteria for determining whether a project has a significant environmental impact as the same is set forth in Section 617.11 of the Official Compilation of Codes, Rules and Regulations for the State of New York, this Board finds that the action about to be undertaken by this Board will have no significant environmental effect and the Chairman of the Planning Board is hereby authorized to execute and sign and file as may be necessary a statement of non-significance or a negative declaration that may be required by law. Duly adopted this 18 day of May, 1999, by the following vote: th AYES: Mrs. LaBombard, Mr. Vollaro, Mr. Ringer, Mr. Paling, Mr. Stark, Mr. MacEwan NOES: NONE ABSENT: Mr. Brewer MR. MAC EWAN-Does someone want to put a motion up? MOTION TO APPROVE SITE PLAN NO. 19-99 STAN GANNON/TOP OF THE WORLD AUTO BODY, Introduced by Catherine LaBombard who moved for its adoption, seconded by George Stark: As written. Whereas, the Town Planning Board is in receipt of Site Plan No. 19-99 to add Rental Car Business to existing Auto Body Shop, share an existing office and add fencing to secure rear parking area; and Whereas, the above mentioned application, received 4/26/99, consists of the following: 1. Application w/drawings and survey dated 6/1/90 Whereas, the above file is supported with the following documentation: 1. 5/18/99 - Staff Notes 2. 5/11/99 - Notice of public hearing 3. 5/7/99 - Meeting notice letter Whereas, a public hearing was held on May 18, 1999 concerning the above project; and Whereas, the Planning Board has determined that the proposal complies with the site plan requirements of the Code of the Town of Queensbury (Zoning); and Whereas, the Planning Board has considered the environmental factors found in the Code of the Town of Queensbury (Zoning); and Whereas, the requirements of the State Environmental Quality Review Act have been considered; and 1. The Town Planning Board, after considering the above, hereby moves to approve Site Plan No. 19-99 for Stan Gannon/Top of the World Auto Body. 2. The applicant shall present three (3) copies of the above referenced site plan to the Zoning Administrator for his signature. 3. The Zoning Administrator is hereby authorized to sign the resolution. 4. The applicant agrees to the conditions set forth in this resolution. 5. The conditions shall be noted on the map. 6. The issuance of permits is conditioned on compliance and continued compliance with the Zoning Ordinance and site plan approval process. 21 (Queensbury Planning Board Meeting 5/18/99) Duly adopted this 18 day of May, 1999, by the following vote: th AYES: Mr. Ringer, Mr. Paling, Mr. Stark, Mrs. LaBombard, Mr. Vollaro, Mr. MacEwan NOES: NONE ABSENT: Mr. Brewer MR. MAC EWAN-You’re all set. MR. GANNON-Thank you. MR. MAC EWAN-Just as a side note, your business place up there is one of the nicest, most attractive, well kept auto related business places I see in Queensbury and more people should follow your lead. MR. GANNON-Thank you very much. MS. FAULKNER-We're going to keep it that way. Thank you. SITE PLAN NO. 20-99 TYPE II PIZZAGATES, INC. OWNER: HERBERT SHEINBERG ZONE: HC-1A LOCATION: PIZZA HUT, 863 ROUTE 9 APPLICANT PROPOSES A 12’ X 60’ DINING ROOM AND BACK ROOM ADDITION AND RELOCATION OF CURB CUT. ALL LAND USES IN HC ZONES REQUIRE PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: AV 21-1999, VAR. 391, SP 1-82, VAR. 404, VAR 390 BEAUTIFICATION COMM.: 5/10/99 WARREN CO. PLANNING: 5/12/99 TAX MAP NO. 71-1-9 LOT SIZE: 1.26 ACRES SECTION 179-23 RICHARD JONES & MIKE PARK, REPRESENTING APPLICANT, PRESENT STAFF INPUT Notes from Staff, Site Plan No. 20-99, Pizzagates, Inc., Meeting Date: May 18, 1999 “Description of Project: The applicant proposes to construct an addition to an existing restaurant and perform substantial site work. The applicant has received an area variance approval from the ZBA for setback relief. New construction in the Highway Commercial zone requires site plan review and approval. Staff Notes: The applicant’s proposed project would enhance the area with additional green space and possibly less traffic control. The applicant has requested a waiver from the stormwater report, but has provided information that indicates the current stormwater system is adequate for the site. The applicant has addressed all site issues. Recommendation: Staff recommends approval of the site plan and granting the requested waivers.” MR. MAC EWAN-Do we have a letter from them in here, requesting the waivers, you can read into the record? MR. VOLLARO-I didn’t see one. MR. MAC EWAN-I didn’t, either. MRS. MOORE-In the application, Page 7 of 7, he signed waiver request. MR. MAC EWAN-Okay. Could you read in, also, to the record, Rist-Frost’s letter, March 13, it th looks like? MRS. MOORE-It’s addressed to Mr. Round. “We have reviewed the documents forwarded with the above referenced application and have the following comments: 1. We have no objection to the request for a waiver of the submission requirement for a stormwater management plan. The drawing should clearly require that the re-paving and new paving drain to the existing drainage structures without creating ponding at low spots. 2. A note should be added to the drawings that all work shall comply with New York Guidelines for Urban Erosion and Sediment Control as printed by the Empire State Chapter Soil and Water Conservation Society. 3. The entrance modifications are subject to the approval of the New York State Department of Transportation. 4. The site plan should show the existing utilities (water, sewer, gas, etc.). Are the catch basins just dry wells or are there interconnecting pipes? If so, they should be shown.” Do you want Beautification and County? MR. MAC EWAN-Yes, please. 22 (Queensbury Planning Board Meeting 5/18/99) MRS. MOORE-Okay. County, was “No County Impact”. Beautification, “Applicant proposes a 12’ x 60’ dining room and back room addition and relocation of a curb cut. They are tearing down Long John Silver and widening driveway. Planting grass on remaining land behind parking. Put shrubs in front of building and planting annuals in front of building. Professional landscaper. Hostas and lillies along with annuals. Dumpster will be enclosed in back of building.” MR. MAC EWAN-Okay. Is that it? MRS. MOORE-Yes. MR. MAC EWAN-Good evening. MR. JONES-Good evening. My name is Richard Jones. I’m the architect representing Pizzagates, and this is Mike Park, from Pizzagates. Basically, we’re proposing an addition to the existing Pizza Hut on the north side of the site. The addition will be approximately 720 square feet and run across the south side of the existing building. As part of the project, we’re looking to re-align the parking and re-align the entry out onto Route 9. We’ve been working with the New York State DOT, Mark Kennedy, in regard to that, and we have a letter from him. I’m not sure if you’ve gotten a copy of that or not. Basically, the site where we have the two buildings right now, the fish restaurant will be coming down. That will be demolished as part of the project. The existing area where that currently sits will be turned into green space. We're looking at utilizing that as some of our sheet drainage off of our existing paved area. As I said, we’re going to re-align the parking, so that we have a straight shot of parking down in front of the building, with our handicapped spaces, and then a straight shot of parking on the south side as well. As part of the project, we’re also redoing the parking in the back, and technically re-paving all areas. New paving areas will be receiving the pavement details, as indicated on the drawings. The other areas, the existing paved areas, will be receiving a new top coat. Everything will be pitching to the existing catch basin system. In regard to the Rist-Frost comments, had sent a letter back to Bill Levandowski at Rist-Frost, addressing those comments, and I did receive a letter back from him, via fax, and basically it indicates that he is, at this point, satisfactory with all of my comments. MR. MAC EWAN-How long ago was that done? MR. JONES-That was May 17. th MR. MAC EWAN-That was yesterday. Okay. MR. JONES-In regard to the DOT, we had originally sent Mark Kennedy a copy of the site plan indicating the realigned drive onto Route 9. He had gotten back to us with a request for additional information in regard to the storm drainage, as it currently exists along that entry onto Route 9. We did provide that to him, and I did receive a letter today from Mr. Kennedy, indicating, I believe, three conditions, and I’ll read this at this point. This is addressed to Jorge Correa in my office. “Dear Mr. Correa: We have reviewed the plans for the proposed relocation of the Pizza Hut drive and approve the location of the proposed drive. The layout must be revised to conform to the enclosed sketch which is the Department’s standard. The existing drywell locations do not provide drainage for the relocated drive. A catch basin must be provided on the south edge of the drive near the right-of-way line. If you have any questions on this, please call Mark Kennedy of this office.” We did reply to Mr. Kennedy’s letter, and we did fax that to him. We did fax a copy in to the Planning Office as well, and I have copies of the revised site plan, which I can submit to the Planning Office. Basically, we’ve revised the entry drive, indicating the radius changes that he had indicated and requested, which will now conform to the DOT standards. Basically, he was looking for a 34 foot radius on both sides. The drive currently is not perpendicular to the road. It is offset at a slight angle. So the radius to the north side is going to be set back a little bit further, giving us a little bit more flexibility, I think, with the turning radius there. We’ve also indicated a new catch basin at the south edge of the drive, and we’ve included that on the schedule as part of the drawing and we’ve also included a detail for review. We feel we have complied with those, and as I said, we did fax that down to Mark Kennedy today. MR. MAC EWAN-Now you’re drawings have not been revised at this point? MR. JONES-Yes. MR. MAC EWAN-Yes, they have? Does Staff have copies of those? MR. JONES-No. We just did these today. MR. MAC EWAN-Do you have copies of what he’s referring to from Mark Kennedy and the DOT? 23 (Queensbury Planning Board Meeting 5/18/99) MRS. MOORE-I do not have letters from Mark Kennedy. I do have letters that he sent to Bill Levandowski and letters that he sent to Mark Kennedy. I do not have any response from the DOT yet. He seems to have it. Are you waiting for another letter from Mark Kennedy, or is this? MR. JONES-No. I think that what he was indicating is that it would be approved, basically, in its relocation, and he was looking for those items to be included. I believe he copied the local DOT representative on there for Warren County. MRS. MOORE-Okay. MR. JONES-We would be making our application to him for the revised permit anyway. MR. MAC EWAN-And the correspondence that you did with Bill Levandowski, that you did yesterday, are revisions to, basically, what he’s stamping off on, saying he’s okay with. It has nothing to do with the DOT curb cuts or anything? MR. JONES-No. Basically, we were responding to his comments, regarding the size of the existing drainage structures. We had gone out on the site and actually measured up and sized all of those. We had taken depths on each one of the structures. We were looking for interconnecting piping. There is none between the catch basins and drywells. We were adding notes to the drawings in regard to the compliance with New York State Guidelines for Erosion Control/Sediment Control. We’d indicated that we had been in contact with Mark Kennedy at DOT, and it had been indicated to us that we would be receiving an approval of the relocation by today’s meeting, which we did receive, and basically Bill Levandowski was looking for us to add indications for all of the existing underground utilities, which we did add to that site plan. MR. PALING-(Lost words) had Staff seen in regard to the Levandowski letter, his original letter, which they’re referring to having answered, having gotten approval from Levandowski. I’m not too comfortable with that, unless you verify that this happened. MRS. MOORE-We received information from Mr. Jones on 5/17, showing the new drawings that he sent to Bill Levandowski. So we have them in our hands, that we have reviewed, and then we’ve received Bill Levandowski’s comment, dated May 17, in regard to what Jones submitted to him. th MR. PALING-Do you want to read that? MRS. MOORE-Okay. This is addressed to Mr. Round “Richard E. Jones Associates’ letter of May 14, 1999, along with the drawing revisions satisfactorily addresses all of our comments in our review letter of May 13, 1999.” MR. MAC EWAN-So really I guess the only outstanding thing here is DOT’s reconfiguration of their entrance. MR. PALING-Well, I was going to ask if they’d summarize the difference between the print up there and what I've got in front of me, so we have an accurate idea of what all the changes were. MR. JONES-I’ll give you the revised one from today, as well. I have multiple copies of that. The drawing that you have in front of you, basically, when you look at the clouded area out toward the Route 9 area, this is the area where we’re revising the radiuses, on both the north and south side of our relocated entry. Originally, we had 20 feet on the radius on the north side, which was basically just a copy of what the original radius was. Mr. Kennedy wanted us to increase that to 34, which we have done, and on the south side, we had a radius of 30 feet, which basically mimicked the original. Again, he wanted us to increase that to 34 feet, which we have also done. You’ll see, right in the middle of the cloud, you’ll see a new catch basin. It says “Catch Basin No. 5”, and that is the new one that we have added. Mr. Kennedy was looking at us to control runoff against that south curb of what we’re calling the revised entry location, so that we can control runoff that would go out into Route 9. Currently, the existing parking area is higher than the grades on Route 9, and they’re running down hill to the south. Up in the upper corner is the detail for that drywell. MR. PALING-You refer to the destruction of the Long John Silver’s. MR. JONES-Yes. MR. PALING-Is that something new that we didn’t know about? MR. JONES-No. That’s always been indicated on the plans. That was a part of our presentation to the Zoning Board as well, when we were granted the variance. MR. STARK-Craig, I have a question for Mr. Jones. 24 (Queensbury Planning Board Meeting 5/18/99) MR. MAC EWAN-Go ahead. MR. STARK-Mr. Jones, the entrance, as it exists right now, is what width? MR. JONES-It is 24 feet. MR. STARK-So you’re increasing it one foot? MR. JONES-It should be 24. MR. VOLLARO-Yes, they’re both 24. I get 24 on the 120. MR. JONES-I believe the new one is 24 as well. MR. STARK-Pulling in there sometimes, that seems like a narrow entrance to me. Why couldn’t you make your entrance wider, or is that Kennedy’s recommendation? MR. JONES-His recommendation is that we conform to conform to his standards. He wants the radiuses to be 34 feet, which is going to help with the turning radius from the north side. Currently, that turning radius is only 20 feet on the north side. I think that’s going to help greatly on that side. The width of the entry itself, he is looking at 24 feet on that, which is what we’re complying with. MR. STARK-Is that a standard, the 24 feet? MR. JONES-I believe DOT standard for the entrance is 24, unless it’s a divided entry, which we don’t really want to do. MR. VOLLARO-I guess I’m going to have to ask you to help me out on something. On your site development data, you’re adding 720 square feet with this new addition. MR. JONES-Yes. MR. VOLLARO-And in order to get the percent nonpermeable, the way I read the data here, you’ve taken away 7,835 feet. How did you do that? MR. JONES-We deleted both driveway area and building. We tore down the other building, with sidewalks and everything else. The building to the south side, that’s the fish. MR. VOLLARO-This is the existing Lighthouse building to be removed? MR. JONES-Yes. MR. VOLLARO-And that’s part of the 7,835? MR. JONES-Yes. That’s part of it, as well as driveway changes and we’ve deleted a bunch of walkways. MR. VOLLARO-See, when I did my review, I didn’t have this drawing. So I was like blind with respect to trying to analyze this stuff. Okay. I understand what you’ve done. You’ve answered my question. MR. MAC EWAN-Okay. A question for the Board. Do they feel that the changes to DOT is significant that you want to push this on for further development, or are you satisfied with what we’ve got? MR. STARK-You have the letter from Kennedy, right? MR. MAC EWAN-Staff feels comfortable with everything? As far as the last minute changes and recommendations from DOT? You do not have any correspondence from DOT, right, regarding this? MRS. MOORE-We have the one that we’ve received tonight. This is the first time I've seen this. MR. STARK-Craig, I have a question from Staff. Maybe you can answer it. The Top of the World, that was only a minor project. This one here is a decent project, and it’s Type II. Why wouldn’t this require a SEQRA when the other one didn’t? MR. MAC EWAN-You need to ask the SEQRA guy. 25 (Queensbury Planning Board Meeting 5/18/99) MR. STARK-Laura, why would Top of the World require a SEQRA, which is a very minor project, I think, and Pizzagates, which is a substantial project, be a Type II? MRS. MOORE-For a Type II, I don’t know if you have your book, but for this, expansion involving less than 4,000 square feet, it’s considered a Type II. MR. STARK-Thank you. Okay. MR. MAC EWAN-As far as documentation to support the changes from Department of Transportation, what you have and what was given to you tonight, are you satisfied that’s what you’re looking for? MRS. MOORE-Yes. MR. MAC EWAN-Okay. We’ll open up the public hearing. Does anyone want to come up and comment on this application? You’re welcome to do so. PUBLIC HEARING OPENED JODIE MERRITHEW MRS. MERRITHEW-My name’s Jodie Merrithew. I live at 17 Greenway Drive. I live directly behind Pizza Hut and Ray Supply. My major concerns are, last year a house was broken into. You can check with Investigator Vanness, and what they do, in the summer time, is come and scope out our area, hop the fence. Somebody’s sitting over on Route 9 in either Pizza Hut parking lot or over in Ray Supply, rob our houses, jump the fence, and they’re gone, and they can’t catch them. The gentleman who was just caught with the baseball cap, who stole from a woman $30,000, he’s the one who robbed our house two doors down, because I happened to be awake when he put the stuff up against our bedroom window and scared the bejeebers out of me, and I kind of scared him. So he robbed the house two doors down. You can check with Vanness. He’ll tell you that, registered report. In the summer time, the amount of traffic they get, at 11 o’clock at night, when your children are asleep, and you really don’t want to put on the air, or close up the windows, because our windows face the back part, the screaming and the hollering of people who don’t put their children to bed at a regular time, at 11 o’clock at night, is kind of annoying. The other thing you can check with the police department is the children who are doing the skateboarding with Ray Supply and Pizza Hut. I've called the police repeatedly because they bring their cars in, blare their music and ride their skateboards. I don’t care that they ride their skateboards on private property, over in somebody else’s yard, and from what I understand from the gentleman who owns Ray Supply, he has complained many times about the children trespassing on his property and the police will not do anything about it. The thing is, we’re directly behind it. Ray Supply’s barn is only 50, well, 45 feet from our property line. So, Ray Supply’s parking lot is right there, perfect for all the noise and the havoc. Pizza Hut stays open until 11 o’clock at night, and already on Glen Street, riding up Glen Street, Upper Glen Street, it smells like China Town now. So it’s going to even be more pleasant expanding that and also putting in the nice old Cracker Barrel on the other end. So, my opinion is, I, as a homeowner, can you alleviate a little bit of the stress of the noise and the sounds past the closing times. At least get the police to patrol through there, to stop this. It’s annoying, as a homeowner. Our property is appraised by you guys at the Town of Queensbury, excuse me, not you, as $94,000. The banks will only appraise it at $81,000, and the school is making us pay at $94,000, and it’s getting frustrating. We're making ends meet. I had a child, in November, be diagnosed with Arnold Scharee, malformation of the brain. I had a husband have a heart attack in January. It’s getting frustrating. We're trying to make ends meet up there, and you guys are closing us out. If you want the property, buy it from us. Honestly. We’ll sell it, but can we stop a little bit? Can we stop for a while, expanding and polluting the area? It’s a gorgeous area. I mean, a moose, last September, walked in front of our porch. That was the coolest thing in the world, but it’s getting tiring. I couldn’t come and fight for a couple of other things, because of personal things going on with the family, but if you’re going to expand these places, could you at least have them patrolled by the police? So they’re not cutting through our yards, destroying our gardens, pulling our swingsets down? Name it, they’re doing it. And these are patrons of the, the litter. The litter. My God, McDonald’s from Wal-Mart, alone, and we’re picking it up. We're going over and picking it up for us. None of it’s being controlled. None of it’s being taken care of, all the promises, yes, you’re going to put this business in, but you’re doing nothing for the homeowners there, who are upkeeping it. Come and drive up. I’ll let you stay and afternoon, an evening in our back yard. Especially on a weekend, and hear what goes on in our back yard. It’s frustrating. I have young children. I've got a 5, a 3, and a 1 year old. MR. MAC EWAN-Can I ask you, what kind of a fence is between your property and Pizza Hut’s? 26 (Queensbury Planning Board Meeting 5/18/99) MRS. MERRITHEW-Our own chain link fence with the buffer of what we’re allowed, where we have to come in on our own property, there is no buffer. Ray Supply, all the wooded area that was there, in the four years we’ve been there, has been starting to be taken down. We hear chainsaws running, cutting down the woods. I don’t know if it’s coming from the Pizza Hut side. I don’t know if it’s coming from Ray Supply’s side. We measured the barn from our property line to the barn. We went through a lot of Poison Ivy. My husband is not happy with me this evening because I made him do this, but there’s nothing buffering us from all this noise, the public, people abusing their property, cutting through our property. Our home has been attempted to be robbed. The house two doors down was robbed, and that’s because, from what Mr. Vanness told us, they come through, what they do is they get sidetracked because none of the streets are marked correctly up by the lights. They’re all marked in the road, and people think there’s a quick getaway to cross over through our complex, and what they do is then they see our home. Our outside looks great. We have three boys. The inside isn’t so beautiful, but what they’re doing is they’re scouting us out, and they know they can park a car at the businesses behind us, rob us, hop the fence, and go because there’s nothing stopping them, other than a stupid chain link fence, and it’s frustrating. We’ve worked hard. We really have. I’m a 37 year old woman. We’ve earned what we have, and it’s all being taken, because people are coming through. We're considered the fast-food Mecca of the world. They’re passing through. They’re stopping through. You’ve got a lot of people who you don’t know who is coming through, what they want, what they’re looking for, and it’s tiring. It’s tiring, and all I’m waiting for is our property to get damaged and have the police still say to us, well, that’s your fault for where you live. Somebody said to me, well, why did you choose that. I said, I’m sorry, that’s what we could afford, and it was beautiful, and it is beautiful, and it’s a nice area, but people have got to also work with us, too. We understand they want to make a profit, and we want to have a good life. I’m sorry, we’re set there for 30 years. You’re not going to lose us unless you come in and buy it for a good amount of money. I have nothing else to say. I understand what everybody wants to do, and I understand the businesses, but you guys have got to help us out a little bit in that complex. You’ve really, really got to help us. You’ve either got to build retaining walls, but not obstruct the view of the mountains. When the leaves fall off the trees, if you come in our house and look out, we can see Vermont and Massachusettes mountains, but the access of people going to rob us, and then the through traffic. We're at the dead end. There’s a sign in front of our house that says “Dead End”. Do you know, I've got to run out and save my children from cars speeding down the road to park to go shopping in Wal-Mart, that aren’t even residents of our area? Because they don’t want to deal with the traffic and go around. I don’t know what else to do. We’ve got a house on a dead end road, on a half acre of land, knowing that there were businesses behind us. We knew this, but we need a little help in securing our home. Already, the property value has dropped immensely. From, our house was appraised at $94,000 by the Town of Queensbury, and the banks will only appraise it at $81,000. That’s sad, and I’m paying taxes, school taxes, on a $94,000 home, not on an $81,000 home. It’s getting very frustrating. We have traffic coming through. We're at a dead end street. We have traffic coming through to get to the businesses all around us. Because people are too damn lazy to drive around and deal with the traffic. That’s not fair to my children. If I wanted that, I would have bought a house on Route 9 in South Glens Falls, which is just as easy. I mean, their lives are just as much in jeopardy. All I’m asking from the business people in the Town of Queensbury, for us who own homes up there, could you help us a little bit? Could you help us a little bit? When our homes are being broken into, like I asked Mr. Vanness, what would that gentleman have done, apparently he was very brazen. He comes through the front doors. He tried coming through our bedroom window, which was right over our head where we were sitting, and he listens for the television to be on, thinking we’re asleep, but when he smashed the window, and it got me all upset, I said, what would have happened if he came in and he found no money. He goes, well, we haven’t had that happen yet. Well, in our house, there is no money. What if my three year old woke up and raided the refrigerator like he does every night and approached this guy? So, where we’re sitting, we’re dead ducks, and all I’m asking is you guys, and the business people all around us, to help us a little bit. Back off a little bit or put up something to give us at least our peace and quiet. That’s all we ask. That’s all I’m asking. Can you guys work with us on that? MR. MAC EWAN-Are you located directly behind the Pizza Hut? MRS. MERRITHEW-Dot’s directly behind. I’m the house right next door to her, and Lockwood’s are the house at the very end. I’m in between Ray Supply and Pizza Hut. MR. MAC EWAN-Okay. MRS. LABOMBARD-Jodie, have you ever brought this to the Town Board’s attention? MRS. MERRITHEW-To be honest with you, with three young boys, a husband and just buying a house three years ago, no, ma’am, I have not. MRS. LABOMBARD-I think you should go, give them. 27 (Queensbury Planning Board Meeting 5/18/99) MRS. MERRITHEW-When I came about the Cracker Barrel, that was brought up three times by me. I couldn’t make the last meeting because my husband had a heart attack. It’s been a medical fiasco in our home. I've got to work. I've got to support the family, too. It’s not like. I’m sorry, we’re not these rich people who are living up in Bedford Close and things. I have to work. I don’t have time. My husband’s home going chaotic right now, I’m sure, with three boys. I help get the dinner ready and everything. I brought this to the Board’s attention. Two times I've come to this desk, on the Cracker Barrel. I don’t care that you guys bring all these restaurants in. It’s smelling like China Town now when you go down Glen Street, but can you give us, who that’s all we could afford. We looked at over 150 homes, from Saratoga to Lake George, and this was what was right, and we wanted our kids in a good school system, and Queensbury’s grand. MRS. LA BOMBARD-Jodie, as far as, you know, the security and the police patrolling, I mean, are they up there often? MRS. MERRITHEW-They come off and on because of the elderly, and because Dot next door, her son’s a dispatcher for the place, we see them a little bit more than usual. Probably more than most neighborhoods, but we don’t see them. I’m up at 4:30 in the morning. You don’t see the cops coming through at 4:30 in the morning. You hear the kids. At 4:30 one morning, I called the police. You can check the records. There were a bunch of kids, you know the path way going into Wal-Mart right there. They were sitting there partying. I called the police. It took 20 minutes. They came in the Wal-Mart side, because of course they don’t want them breaking in there. MRS. LABOMBARD-Now there were kids partying at 4:30 in the morning. I’m assuming on a weekend or in the summertime. MRS. MERRITHEW-No, it was, because the only time I get up at 4:30 in the morning is to go to work. MRS. LA BOMBARD-Okay, that’s true, and so there were kids partying there, like sitting around with a bonfire, drinking beer type of party? MRS. MERRITHEW-No bonfire, but sitting there drinking and yelling and laughing. MRS. LA BOMBARD-And they were not neighborhood kids? MRS. MERRITHEW-No, they were not, and the police came around the Wal-Mart side. Then they ran, and of course you can hide in our neighborhood. It’s very easy. MRS. LABOMBARD-Well, there’s a lot of hiding places in a lot of neighborhoods in this Town. So, I mean, don’t think that the hiding places are just in your neighborhood. MRS. MERRITHEW-Right. I agree with that. MRS. LABOMBARD-Kids find hiding places no matter where. MRS. MERRITHEW-I was young once. I really was, and I know that, but I've called the police. You can check all the records. MRS. LABOMBARD-All right, now back to what we have in front of us here. I've gotten your concern, but then you give us something that, a suggestion. MRS. MERRITHEW-I’m asking you people for a suggestion, because, like I said, I came up twice about the Cracker Barrel situation, and about our situation where we lived and the house being broken into. This is on record. I've spoken about it. Because I came, that week, and told them about our house being broken into, and they caught the gentleman, the little gentleman with the baseball cap. MRS. LABOMBARD-All right, but I guess what I’m asking is, and help me out here, is that we’re not proposing anything that doesn’t already exist. All we’re doing here is to add about, we have a building here that’s been there for years. MRS. MERRITHEW-Right, but he’s increasing business. MRS. LABOMBARD-Okay, but in increasing the business, you’ve also have gotten rid of that one business, the old fish store there. MRS. MERRITHEW-That hasn’t been there in three, four years. MRS. LABOMBARD-Right. 28 (Queensbury Planning Board Meeting 5/18/99) MRS. MERRITHEW-Correct. MRS. LABOMBARD-And the site plan, I know you’ve looked at it, has kind of been, it’s been changed, but it seems like there’s a lot of things about it that have been changed for the better, to make it more viable and make it more workable. MRS. MERRITHEW-How about a sound wall, something there, but won’t obstruct the view we have, as I say, when the trees come down. MRS. LA BOMBARD-Now, wait a second. When you go down to New Jersey and you go along I- 287 or you go, even to Albany, when you cross over 787 to go back down around Route 90, those are those big walls, but now wait a second, you can’t have everything. I mean, if those walls are built, you can’t take them down to see the, I mean, they’re solid. MRS. MERRITHEW-I didn’t say to put up a wall such as that. That’s a retaining wall put up by DOT regulations that is a certain certification. MRS. LA BOMBARD-Right, but what I’m saying is that you want some kind of a wall, but you also want a wall that won’t obstruct your view. Where are you going to get a wall like that? MRS. MERRITHEW-The Wal-Mart fence that’s there, coming straight across. MRS. LA BOMBARD-All right. MRS. MERRITHEW-I’m flustered. I’m sorry. MR. RINGER-I understand what you’re saying. We heard many issues on the Cracker Barrel and other areas, and this neighborhood is getting squeezed. MRS. MERRITHEW-Yes, it is. MR. RINGER-But we’re looking at this particular application, as an expansion of an existing business. We want, certainly, to help the neighborhood as best we can, and all of your comments are appreciated. However, I’m having difficulty associating it with this particular application. MRS. MERRITHEW-You’re saying that one business, we’ve got the Cracker Barrel, now, going up. We’ve got Pizza Hut. We’ve got Ray Supply. Ray Supply has expanded quite a bit, and Ray Supply, with the kids going through his parking lot, and he has complained to the police repeatedly about his trespassing on his land, and he said the police won’t even help him out, and they’re cutting through our property. When the police show up, and destroying our garden and everything else, wait a second. What do you mean the Pizza Hut, the Pizza Hut is here. Those kids are seeing this. I don’t know if they’re locals or not. I have not a clue. They could be from Hudson Falls. They could be from Lake George. Whoever’s, that whole vicinity right there, we’re getting the back lash of those businesses, and Pizza Hut to say they’re all by themselves and nobody’s bothering, or Ray Supply and say nobody’s bothering, that’s not fair. That’s not fair to us. I guess I’m addressing a whole public issue here. I apologize for using this, but this is the only time I had off from taking care of a family and working and everything, to come and address this. I apologize. I don’t have time, I want to be part of my community. I’m the one that runs the mega garage sale for us every fall, from neighbor to neighbor, meet them all, collect the money. I mean, I do make time for things, but there’s one thing some of these businesses around us have to take responsibility for, and it needs to be addressed, and I’m sorry, when your home is being violated, when you’re wide awake, and they’re coming through your door because they’ve got easy access to Route 9, there’s a problem. I’m probably wrong, but this is the way I feel, and I might be using Pizza Hut as the example, but I feel this needs to be addressed. Pizza Hut is now expanding. So they’re going to add more business. They’re going to have more people coming in. Prime Time season is summer. Summer you have a lot of transits and tourists. Some of them are good tourists. Some of them are bad tourists. Some are looking for something. Some are not. Same as up at the Million Dollar Half Mile. Heck, they don’t even claim the people who steal from them. We’ve got the same thing going on around us. We’ve got a Wal- Mart. We’ve got fast-food businesses. Easy access to a getaway. I really, for us homeowners, would really like something addressed for us. That’s all I’m saying, and I have no solutions. I've made a couple, and they’ve been, maybe not the proper ones, but I’m asking you guys for a little help with the business owners. Sorry, I can’t move. I cannot sell our house right now. We cannot up and move. We don’t have the money. My husband had a heart attack. I’m working. He just went back to work. It’s not an easy process. If I could get out, I would, but we can’t. So we’ve got to make the best of it. So I’m asking you guys, can you compromise a little bit, and can we all work together on this? Instead of fighting each other, homeowner versus a business. Why can’t we make it work? There’s got to be a solution. There’s got to be. That’s all I’m asking. I’m not asking for a resolution right this moment, but honestly, I’m sorry, we can’t move. 29 (Queensbury Planning Board Meeting 5/18/99) MRS. LA BOMBARD-Jodie, I think you’ve made your point very well, and I appreciate everything you’ve had to say, and I think we all do here, and this has been a long haul. It’s been tough, and I understand that you’re not targeting the Pizza Hut. They just happen to be here tonight, and they happen to be the night that you’re able to come and speak your peace, but I know, what you’ve said is on the record. It’s going to be read by other people, the Town Board, I’m talking about, and I hope that something can be done. MRS. MERRITHEW-I appreciate that. That’s all I’m addressing. I’m sorry I have nowhere else to go. MRS. LA BOMBARD-No, you came and that’s what we’re here for. MRS. MERRITHEW-Thank you. MR. MAC EWAN-Thank you very much. Anyone else? We’ll close the public hearing. PUBLIC HEARING CLOSED MR. MAC EWAN-Well, she raises some good concerns. MR. JONES-For the record, Pizza Hut has not been cutting any trees in their buffer zone. I have some pictures, some panoramics that were taken approximately two weeks ago, which I’ll share with the Board, and I think you’ll get an idea of how dense the plantings are in the buffer zone behind this site. MR. PARK-I also want to say I've been the Manager there for 11 years, and I've never cut any trees down in any of that rear, any trees down at all from that location, or had anybody else cut any trees down. I think there’s, between her property and our parking lot, I had Mr. Jones check, I think there’s a 20 foot elevation change, you know, from the parking lot to up to where her grade is. It’s a 20 foot elevation. If you go back there, she talks about the skateboarders, what happens is that Ray Supply, if any of you have been to Ray Supply, when you first pull in on that south entrance toward my Pizza Hut, they have that like ramp graded there. It’s made out of macadam, and it lends itself I guess the skateboarders, because I called the police on numerous occasions. They’ve always responded and kicked them out of there. I've never had any, you know, time, but I have seen them down there. That site lends itself, I could see where the people would, you know, pull in behind Ray Supply when they’re closed, because it’s at the same elevation as this woman’s property, and could pull back there and not be seen, whereas the Pizza Hut where it’s all lighted, we’re aware when people are pulling in and out of the parking lot. MRS. LABOMBARD-Well, I think like she said, she didn’t target you or your establishment. You just happened to be the ones, you know, kind of coincidental. MR. MAC EWAN-The retaining wall on the north side of your parcel, right there next to the building, what’s that, eight foot? MR. PARK-It’s between six and eight feet, yes. MR. MAC EWAN-Between six and eight feet. MR. RINGER-And there’s a 20 foot elevation that continues on from? MR. PARK-Actually, that one that they’re talking about on the Ray Supply side, I think is higher. MR. JONES-Yes, it’s actually higher. It’s anywhere from 10 to 12 feet. MR. MAC EWAN-That retaining wall. MR. JONES-Yes, on the north side. MR. PARK-So if you drive in the back of that lot, in back of our Pizza Hut, with the idea to try to go up into that residential area, I mean, you’ve got anywhere from a 4 to 5 foot retaining wall, and then there’s a steep incline which has totally been overgrown, because it’s never been, like I say, I've been there 11 years and I've never cut anything, other than a few branches that were, you know, obstructing the parking lot. MR. MAC EWAN-I’ll throw out a reasonable offering here, see if we can’t maybe help the neighbors and do something that would benefit everyone all the way around. Your retaining wall on the north side of the parcel I think is pretty obvious, unless you’re a professional rock climber, you’d have 30 (Queensbury Planning Board Meeting 5/18/99) difficulty scaling the thing. The retaining wall out back, though, what’s the potential maybe we could put something, a fence along that entire back portion of the property? MR. JONES-We could along that area, but if you look at the drawing SP-2 that I gave you, with the revised entry on it, you’ll see the grade changes in the back are extremely steep right behind that retaining wall. It’s like a one on two in that area. It’s very steep, and if you look, the average grade in the center of the parking lot is around 440. The top of the embankment is anywhere from 458 to 460. MR. MAC EWAN-Are you increasing the height of that retaining wall? MR. JONES-No, we’re not. MR. MAC EWAN-You’re not. MR. JONES-We're not doing anything. MR. MAC EWAN-So you’re just putting a dozer up on top and going to re-do that, and you’re actually taking out some trees there then? MR. JONES-No, no. We're not doing anything beyond that retaining wall. All we’re doing is the re- paving of the parking lot. MR. MAC EWAN-You’re saying that the contours that are there now are existing? MR. JONES-Those are existing contours, yes. MR. MAC EWAN-Right, okay. There’s really nothing different than what’s in the photograph here, then. MR. JONES-No, and you can see how dense that is in the photograph, and they’re all evergreens. MR. MAC EWAN-I mean, dense could go a couple of ways. I mean, her point of view, density could offer being able to be hidden from view. MR. JONES-But it is a buffer zone. MR. MAC EWAN-True, and it’s more difficult if the police were coming through looking for somebody, to see them out there. An opportunity to deter that is maybe by asking you to put up a fence, whether it be a chain link fence or something on the back of your property that’s not obtrusive, but it’s also added as an extra security measure. I think that’s a reasonable request, don’t you guys? MR. PARK-Okay, sure. MR. MAC EWAN-Okay. MRS. MOORE-Craig, are you asking for the property line or for, on top of that existing concrete wall? MR. MAC EWAN-I would think it would be, ideal would be right along the existing retaining wall. MR. PARK-Just to the backside of it? MR. MAC EWAN-Yes, just off the retaining wall. Instead of going up in the woods and putting one up, put one right there. MR. JONES-Yes, we don’t want to go into the buffer zone. We want to stay right behind the retaining wall. MR. MAC EWAN-An eight foot chain link fence, you know, like the ones you see around a commercial pool or something. MR. STARK-That’s fine. Okay. So here’s the west retaining wall, okay, and you put a fence there, all you would have to do is go around the south, well, north would be hard because. MR. MAC EWAN-Well, we’d have to bring it around the corner a little bit, so that it would be coming down along the south side somewhat, but, you know, what it is, if a crime was to take place, 31 (Queensbury Planning Board Meeting 5/18/99) a potential crime looking to take place, it’s more difficult for them to use this parcel to make good on their crime spree. Do you know what I’m saying? MR. STARK-Fine. I know what you’re saying. MR. MAC EWAN-And I think this is a way to maybe help the neighbors a little bit. It’s also a way to show that we can be responsive to their concerns. Okay. MR. PARK-So, just to clarify, where do you want the fence then, on the north side toward the Ray Supply, right there where the? MR. MAC EWAN-From the start of your, this is just me, now. I don’t know where the rest of the Board is going with this, but my idea is to start right with that retaining wall that’s that tall. MR. JONES-Where it abuts the high one. MR. MAC EWAN-Yes, where it abuts the high one, come straight down your back property line, and bring it around the corner somewhat, so that it comes into the area here where the old Long John Silver’s property used to be. MR. JONES-How far down that south retaining wall? MR. MAC EWAN-Does this Ordinance allow you to put a fence right to the property line, in Queensbury? Maybe if you came, you know, an idea Bob just suggested is kind of like swing it maybe at a 45 degree angle and come to the property line. Do you understand what we’re saying? MR. JONES-Once we hit the end of that low retaining wall, coming diagonally? MR. MAC EWAN-Yes. MR. VOLLARO-Do a 45 from that corner. MRS. LA BOMBARD-Yes, I was just going to say. MR. MAC EWAN-Roughly in the area where you’ve got your 449 contour. MR. JONES-Yes, here’s a picture of that south retaining wall. That’s probably in the neighborhood of six to seven feet high. MR. MAC EWAN-Good. That would make a nice deterrent. MRS. MOORE-Doing that 45, you’re asking them to probably remove any vegetation in that area. MR. MAC EWAN-Well, that’s what we’re looking at here. We're trying to determine what vegetation is there. The retaining wall height, if you were facing the existing Long John Silver’s Restaurant, and it would be the retaining wall that would be to the west side, what’s the rough height on that? MR. PARK-In the very corner, I guess in the southwest corner there, it’s probably only about three feet there and it goes up to like four or five feet toward the Long John Silver’s. MR. MAC EWAN-Toward the Long John Silver’s. Okay. All right. There we go. I know it’s asking a lot, but if you came down that side there, to about the equivalent of your, like your 437 contour, where it crosses the retaining wall. MR. PARK-Just about the backside of our building, I think. MR. MAC EWAN-Yes, roughly, if you came down, that would be your southern retaining wall property line. So it would be kind of like an “L” shaped fencing. Is the Board with me on that? MR. RINGER-I’m not. MR. MAC EWAN-Okay. Here’s what we’re talking about doing. MR. RINGER-I know what you’re saying, but I’m not necessarily in favor of that. MR. MAC EWAN-Okay. 32 (Queensbury Planning Board Meeting 5/18/99) MR. RINGER-I don’t understand the reason, where an eight foot fence on top of a six foot wall, it isn’t going to look that good. It isn’t going to offer that much protection, only to the spot where Pizza Hut is. MR. MAC EWAN-I don’t think that a chain link fence is going to be obtrusive or not. MR. RINGER-If we put it up there, then it should go all the way down Route 9. I feel for these people in that area, certainly. They’ve got problems, and I just don’t think that a fence is the answer to the problem. MRS. LA BOMBARD-It’s not as if you’re going to be seeing that fence from the road. MR. RINGER-I don’t think the fence is an answer to the problem. There’s a lot of problems there, and I don’t think a fence is going to fix them. MRS. LABOMBARD-You’re right. It’s not the only answer. It might be a vehicle toward a solution. Maybe there’ll never be a complete solution to the problem. MR. RINGER-I don’t think there will. MRS. LABOMBARD-But I think that, like Jodie said, we could at least give a gesture, and not turn a deaf ear. MR. PARK-The thing is, too, I think if you drive there and look at both sites, the Ray Supply and our Pizza Hut site, that, you know, the Ray Supply site is graded, you know, their parking lot and their whole facility, is graded right up to their level, and it’s not lighted at night, because they close, I think, at five o’clock or I think six o’clock at night. So it’s completely dark over there. It does lend itself very well. You have two entrances, and so on and so forth, but when you come over here, I mean, you’ve got, this guy’s got to scale the wall, and climb up this steep embankment, which has overgrown over the years. It’s very, very dense. MR. RINGER-It would be harder for them to get out of your property than it is to Ray Supply. MR. PARK-And we’re going to make it more of a deterrent there, when they can just drive over there. What I’m saying is when we’re lighted, we’re open. It doesn’t lend itself well to, you know, to want to park there and walk up and walk into the neighborhood when they can pull next door easier. MRS. LA BOMBARD-I thought Ray Supply had two mercury vapor lights going all night long? MR. PARK-Yes, they do on the front, but what I’m saying is that they have the two entrances, and you can pull up, you know, they have basically like a U-Shaped thing that goes around the building where they service their stereo installs and so on. MR. RINGER-I guess what I’m saying is, I agree with Jodie and her concerns and everything. However, I don’t think doing a little token thing is really doing what the Board should do. MR. MAC EWAN-I don’t consider it a token thing. I mean, I’m open to suggestions. What do you think we should do? MRS. LA BOMBARD-One of our purposes is to look out for the safety and the well being, and we’ve done that through other types of physical things, like making sure we had the correct number of curb cuts, making sure that there’s a, if new developments have gone in or whatever, that the neighborhoods are safe and the traffic is flowing good, and children aren’t going to be able to get the buses. MR. RINGER-I agree with you 100%, Cathy. MRS. LA BOMBARD-So this is just another. MR. RINGER-If this were a new building. This is just a little addition on. MRS. LA BOMBARD-But again, the new addition is going to bring more people, more strangers, some good with intentions, and some with bad. MR. RINGER-Well, I don’t think it’s strangers that are breaking into the neighborhood, and again, I don’t really know if that’s an issue for this Board. MR. MAC EWAN-What suggestions do you have? 33 (Queensbury Planning Board Meeting 5/18/99) MR. RINGER-I wish I had some. I mean, we’ve been hearing this for a long time, and there’s definitely problems over there. MRS. LA BOMBARD-Well, here we’ve got a client that’s willing to do a fence, somebody that’s come in front of us that’s willing to do this, and he’s not fighting us, and yet we’re saying that it’s not going to look good? MR. RINGER-And be effective. If I could say, hey, we’re going to put this fence up, and it’s really going to stop this traffic going into that neighborhood, I would agree. MR. STARK-It would stop them from Pizza Hut. MRS. LABOMBARD-It would stop them from Pizza Hut. MR. RINGER-We're putting a fence along Pizza Hut. We're not putting a fence any place else. MRS. LA BOMBARD-And maybe Ray Supply will see that and maybe they’ll. MR. RINGER-Now we’re getting into emotion. I don’t know if we should. MR. VOSS-Maybe a different perspective on this would be to require a six foot chain link fence along the rear property line, inside the vegetation line. It’s been done very effectively, and a good example is what DOT’s doing along the Northway. They commonly hide chain link fences back into the tree lines. Any fence company will tell you they can do it with minimal disturbance. It hides the chain link fence into the vegetation zone, puts it back along the rear property lines. In this case, it might create a good precedent, in the event Ray Supply, to the north, or the property adjoining to the south eventually comes before this Board for another development proposal. If you can continue the fence line right along the rear property lines, further buffering, and prohibiting people from running back and forth through those properties. Just a thought. MR. MAC EWAN-It’s a good idea. MRS. LA BOMBARD-It’s a good thought. MR. VOLLARO-The other thing that I can see, and I understand Larry’s problem. I think what you’ve got to do is look at a cooperative effort between some of those businesses, and it may not be for us to do, but it could be a recommendation from this Board to the Town Board, to really look into that seriously. MR. RINGER-I agree. MR. VOLLARO-I think somebody’s got to sit down and look at the contiguous problem here. I just don’t want to focus on a piece of it. I think Larry’s got a point. You can’t just. MR. MAC EWAN-True, but you have to start somewhere. MR. VOLLARO-Yes, and this is as good a start. MR. PALING-Craig, I don’t think we should require Pizza Hut to put a fence up, because I think what we’re doing is we’re doing police work. Before we have a curb cut or anything like that, we’re going to go through DOT, and if we’re going to do something like this, I agree with Larry, and I agree with, I think, where Bob is going. Somebody better look at the total picture and not just say we put up a chain link fence, therefore we’re helping to stop crime. I don’t buy that at all. MR. MAC EWAN-I don’t know, necessarily, that we’re going to stop crime with it, but it will help as a. MR. PALING-Well, I think you’re reacting to the emotion of the thing, and not being practical about asking one isolated account to put a fence up, with the rest of the world open on either side of them. MR. MAC EWAN-Well, I think I am being practical about it. I mean, we look at, you know, the impact that that neighborhood’s had, with all the development that’s gone all around it, and potential development that’s going around it. I mean, we’ve done things, in recent years, with McDonald’s, with Kentucky Fried Chicken, with Fazoli’s Restaurant. MR. PALING-To prevent crime? MR. MAC EWAN-No, no, no. 34 (Queensbury Planning Board Meeting 5/18/99) MRS. LA BOMBARD-To ensure the safety of the people. I can’t believe it. I think that the fact that we, that this neighborhood has been getting the sharp end of the stick for the past two years, and here we’ve got a way to mitigate, just a little teeny bit, but you know. MR. PALING-How do you know that? MRS. LABOMBARD-How do I know that? MR. PALING-Yes. How do you know it’s going to be effective at all? MRS. LABOMBARD-Well, you know, Bob, the fact that we listened and tried to help, even if we don’t help, but the fact that we tried to, you know, maybe the constituents and the people out there would like to say, you know, maybe somebody is listening to us. I can’t believe it. I am shocked. MR. VOLLARO-Let me ask a question. Would Pizza Hut like to take the lead, for example, you happen to be here tonight. Would you like to take the lead to see with your other fellow business people along Route 9 there, whether or not there’s a way for you to mitigate this problem, collectively, as opposed to just yourself. Would Pizza Hut, would the Corporation be willing to do that? MR. PARK-Well, first of all, we don’t represent the Corporation. MR. VOLLARO-I understand that. I’m sure you’d have to go, I mean, as soon as you start to dump, I just looked at 241 foot of chain link fence, somebody’s going to be talking to you about the expense. I mean, there’s no question about that. So you’ve got to bring this thing forward, as a good member of the community, and see whether you can tie the other businesses together. I don’t know how that will work out, or whether we just make a recommendation to the Town Board, that, A, this be done, and start it right off now, with this piece, but it’s got to be contiguous, a couple of pieces up and down. MR. STARK-Well, I think, they’re willing to put the fence up. Put the fence up along the south side, along the west side. Somebody should get a hold of Jodie, maybe a few representatives from the neighborhood, go talk to George Goetz at Ray Supply, you know, voice their concerns, say, these guys are putting up a fence, can you put up a fence on your property line, up as far as Wal-Mart, and I don’t know anything about the back of Alpin House, you know, the grade or anything back there, but maybe even talk to him. Although that place is for sale now, and let the representatives of the neighborhood talk to Ray Supply, George Goetz. MR. VOLLARO-You’re trying to keep the Town out of this. MR. STARK-I mean, they’re willing to put the fence up, great, and I think it would help from that parking lot. There’s no way you’re going to get from that parking lot up on that hill, but you could go around it, by going up the grade at, that’s my opinion anyway, but I think the fence is a fine idea. It can’t hurt. MR. PARK-What I’d just like to say, you know, like I said, I've run the restaurant for 11 years, and looking at the site, I just, I disagree with the fact that if I was a criminal, or someone looking to do this type of thing, that Ray Supply would lend itself ten times more accessible than my site, if you went out and looked. You’re going by what we’re saying and I think that this lady has a very valid point, and a concern, but just looking at the different sites, I think ours lends itself as non-desirable for someone to, you know, it’s more of a deterrent, you know, we’re fully lighted, all night, and with the retaining wall and the thick vegetation, and the elevation, you know, I guess, like you say, if you’re going to get Ray Supply and the other businesses there all consent to put a fence up, I think, there would be no question that we would want to do that as well, but I just think that if we, like you say, I’m going to have to put up with why I just approved 275 feet of fence or something, for a site that, you know, they’re going to look at me like, how could anybody even get up that hill. Do you know what I’m saying? MR. VOLLARO-Well, I’ll tell you what, a 20 year old in good shape could scale that like that. I mean, I was one once. MR. PARK-I don’t say that. If somebody’s running from the police, they’re going to get down that hill. MRS. LA BOMBARD-You’re right. You’ve heard that we’ve got a little split here. So you fell right into the point where you’re going to take advantage of our little split of opinion on the Board. So you’re right. You’ve got a wall there. You could say, my site isn’t as accessible as the other two sites. There is no way in the world that, after we walk out of here tonight, that we’re going to continue on 35 (Queensbury Planning Board Meeting 5/18/99) and get Ray Supply to put up a fence, or anybody else to put up a fence, and the little thing we had going about 20 minutes ago, until a couple of members on this Board found all the ways that it wouldn’t work, has just died, and with that, I just feel like going home right now. Thank you. MR. MAC EWAN-The point we have to remember here is that we can only deal with applications that are right in front of this Board at this given moment. We can’t say that we we’re going to request you to put up a chain link fence in the back parcel, and we’ll send off a letter to Ray Supply an Alpin House and tell them do the same. What we’re looking for is making the first step here. The first step is a positive step toward doing something to help people who are residential areas. MR. STARK-I would think this would be very advantageous to you, with that neighborhood, the fact that you did something voluntarily, you know, it is kind of voluntarily, and that we did our part, good neighbor and all this stuff and everything, and I think they would really support you. MR. JONES-I don’t think we’re trying to skirt the issue of the fence at all, and as we sit here, to us, the best location for the fence is behind the retaining wall, not up at the top of the hill. MR. STARK-No, no. I agree. Here’s the wall and a foot behind it or something like that. MR. JONES-I mean, if we put the fence down at the retaining wall, it’s probably going to be longer than the one at the property line, and the one at the property line is not going to protect anything. They’ll be able to go around the ends. MR. MAC EWAN-I would agree with you on that point, and you may not necessarily even have to have, you know, we can work out the details here, but you may not necessarily have to have an eight foot fence. I mean, with a four and five foot retaining wall, you may be able to get by with a four foot fence or a five foot fence. MR. STARK-A fence on the Northway is very, very hard to scale. MR. JONES-Yes, I think it’s only four foot high, too. MR. STARK-I’m talking the one behind my place is like six foot, and I have a very, very hard time getting over it. MR. MAC EWAN-What are you getting over it for? MR. STARK-I don’t get over it. Believe me I don’t get over it. I would view this as you guys being very good, responsible neighbors and taking the lead in this. How can anybody fault that? It’s impossible to fault it. I think they would really support you. MR. MAC EWAN-I closed the public hearing, but I’ll let you make a comment if you want to come up here to the mic. BRAD PATCH MR. PATCH-My name’s Brad Patch. I live on the south side. There is, or there was, when the Pizza Hut was built, a six foot chain link, al the way around that property. It’s still there. People don’t climb that one too easy. It goes up the south and across the west. Now, I don’t think there’s one behind the Pizza Hut, to divide it from Ray Supply. You’re talking putting another fence in there. What good’s that going to do? An eight foot on top of a six foot? MR. MAC EWAN-You don’t think it’s going to do any good? MR. PATCH-No. MR. STARK-There’s a fence there now? MR. PATCH-Yes, it’s a six foot fence now. Pizza Hut put in, it’s right on the property line, on the south side, which would be, and there’s one that goes all the way behind up toward Jodie’s house, but it only goes as far as the property that Pizza Hut owns. MR. MAC EWAN-Okay. MR. PATCH-And I think that ends right in (lost word) back yard, and Pizza Hut did put that fence in when they built it. MR. MAC EWAN-That’s only along the western portion of their property line? 36 (Queensbury Planning Board Meeting 5/18/99) MR. PATCH-It’s on the west and the side. MR. MAC EWAN-The west and the south. MR. PARK-So it basically looks like right from the Long John Silver’s up to the property and over to George Goetz’s Ray Supply, edge of the property there. MR. PATCH-It’s already got a six foot chain link fence, and putting an eight foot in front of it. MR. MAC EWAN-I wasn’t aware there was a fence up in the woods, so all this bantering we just did for the last 25 minutes was a waste of time. MR. PATCH-In a way. MR. STARK-Craig, does Jodie know there’s a fence back there? She must. We don’t know there’s a fence there. MR. MAC EWAN-Okay. Thank you. We closed the public hearing. So does someone want to put a motion up? Anymore discussion on this? No? Thanks for that input, by the way. I appreciate it. Does someone want to put a motion up? MR. STARK-Should we include anything about Kennedy’s letter, or as written, or what do you want to do? MR. MAC EWAN-Yes, what should we do regarding the DOT? MRS. MOORE-You need to add that date. I’ll give you a date. The date of, we received it today, 5/18. It was dated, and it’s addressed to George Correa. It’s a letter dated May 17, 1999. MR. MAC EWAN-All we need to do is reference the letter from DOT. MRS. MOORE-Yes, to Richard Jones and Associates’, from DOT. MR. STARK-Okay. Do you want to make reference to that? MR. MAC EWAN-Yes, all we want to do is just reference that letter. MRS. MOORE-You can also reference that we’ve received a survey that’s dated March 15, 1999. It shows that fence. So that’s in the file. MR. MAC EWAN-March 15? th MRS. MOORE-That’s correct. Something else to add would be to verify the integrity of the existing fence, make sure it’s still at whatever rate it was at, I mean, whether it’s still up or not. MR. SCHACHNER-A condition really would be, what’s the goal here? MR. MAC EWAN-No goal, as far as I’m concerned, right now. I mean, had I known that there was a fence already on the backside of this property, we wouldn’t have gone through all that. MR. SCHACHNER-Okay. Fine. MOTION TO APPROVE SITE PLAN NO. 20-99 PIZZAGATES, INC., Introduced by George Stark who moved for its adoption, seconded by Larry Ringer: For their proposed addition, make reference to the letter of 5/18, concerning entrance, and referencing the survey drawing 3/19/99. Whereas, the Town Planning Board is in receipt of a Site Plan No. 20-99 to add a 12’ x 60’ dining room and back room addition and relocation of curb cut; and Whereas, the above mentioned application, received 4/26/99, consists of the following: 1. Application w/maps SP-1, SP-2 dated 3/19/99 Whereas, the above file is supported with the following documentation: 1. 5/18/99 - Staff Notes 2. 5/11/99 - Notice of Public Hearing 37 (Queensbury Planning Board Meeting 5/18/99) 3. 5/7/99 - Meeting notice letter 4. 5/7/99 - L. Moore from R. Jones re: stormwater info. 5. 5/10/99 - Beautification Comm. resolution 6. 5/13/99 - Rist Frost comments Whereas, a public hearing was held on 5/18/99 concerning the above project; and Whereas, the Planning Board has determined that the proposal complies with the site plan requirements of the Code of the Town of Queensbury (Zoning); and Whereas, the Planning Board has considered the environmental factors found in the Code of the Town of Queensbury (Zoning); and Whereas, the requirements of the State Environmental Quality Review Act have been considered; and 1. The Town Planning Board, after considering the above, hereby moves to approve Site Plan No. 20-99 for PizzaGates, Inc. 2. The applicant shall present three (3) copies of the above referenced site plan to the Zoning Administrator for his signature. 3. The Zoning Administrator is hereby authorized to sign the resolution. 4. The applicant agrees to the conditions set forth in this resolution. 5. The conditions shall be noted on the map. 6. The issuance of permits is conditioned on compliance and continued compliance with the Zoning Ordinance and site plan approval process. Duly adopted this 18 day of May, 1999, by the following vote: th AYES: Mr. Paling, Mr. Stark, Mrs. LaBombard, Mr. Vollaro, Mr. Ringer, Mr. MacEwan NOES: NONE ABSENT: Mr. Brewer MR. MAC EWAN-You’re all set. I’m sorry for the delay. MR. PARK-Thank you. MR. JONES-Thank you. DISCUSSION ITEM: SITE PLAN NO. TYPE: EVEREST ENTERPRISES, LLC OWNER: D & C MANAGEMENT ASSOC., INC. ZONE: HC-1A LOCATION: 43 STATE ROUTE 9 DISCUSSION ITEM ONLY PER APPLICANT REQUEST. APPLICANT PROPOSES DEVELOPMENT OF 82 UNIT SLEEP INN HOTEL AND PARKING. TAX MAP NO. 71-2-2 PETER LOYOLA, REPRESENTING APPLICANT, PRESENT MRS. LA BOMBARD-And this is only a discussion item, because the applicant has requested it, and there is no public hearing. STAFF INPUT Notes from Staff, Discussion Item, Everest Enterprises, LLC, Meeting Date: May 18, 1999 “Description of Project: The applicant proposes to construct a hotel on a vacant parcel adjacent to the Ponderosa Restaurant and Gambles Bakery. The proposal is presented for discussion only. Staff Notes: The following items for this project should be addressed: Subdivision application, Stormwater report, Traffic report, Architectural rendering, Long Environmental Assessment Form, Traffic Issues (Signage for traffic circulation (“no left turns”, etc.), Interconnection consideration with Gambles Bakery, Gambles Bakery curb clean-up, Interconnection with adjacent properties, Fire and EMS access), Fire hydrant locations, Landscape list, Water and Sewer connection Staff 38 (Queensbury Planning Board Meeting 5/18/99) Recommendations: Staff would encourage the project be submitted for site plan review with the above issues addressed.” MR. STARK-Gentlemen, would you like to identify yourselves, please. MR. LOYOLA-My name’s Peter Loyola with Continental Landscape Architecture and Planning, and I have with me Jay Kapoor who is the principal partner with Everest Enterprises, and Dave Kapoor who is the owner with D & C Management. MR. STARK-Would you like to walk us through your proposed project? MR. LOYOLA-Sure. I realize that we have a lot of information that we need to still submit for site plan review. We're planning on submitting a stormwater grading and drainage plan at the end of this month for the June submittal. I read through, yesterday, some of the Staff Notes that included a subdivision application. That’s really the first part of our proposal, that we’re hoping we could do simultaneously with the Site Plan Review. We're proposing to subdivide the entire 7.13 acres into two lots, primarily for the development of this 82 unit Sleep Inn Hotel. The parcels would be divided into 2.9 acres, and 4.23 acres respectively. We're basically proposing 93 parking areas, and just in going through the Staff Notes, we do have an architectural rendering that I’d like to pass out to everyone, and maybe, Jay, you could do that. MR. MAC EWAN-In my absence, you do realize this is a discussion only, and anything that takes place tonight is not any kind of consensus for approval or anything like that? MR. LOYOLA-Right. We just wanted to get it out on the table, just to kind of open it up for discussion. I have been in touch with Mark Kennedy from DOT. We’ve worked out a number of different alternatives and met with him, as I say, about three weeks ago, just to determine where the best entrance would be to the site on Route 9, understanding that I know a lot of construction is going on just north of us, with regard to a new traffic signal being put in on Sweet Road, and sidewalks and curb improvements. Our proposal, we’re looking at trying to keep the access in between the light at the Ponderosa and the light at Sweet Road, the proposed light at Sweet Road, that will be built, I believe, this summer, will be in place, as centrally located as possible. We're proposing to have a right out only, no left hand turn. We are asking that the Planning Board take a look at a left-hand turn into the site, as well as a right turn into the site from the primary access. We're also proposing a secondary access along Sweet Road for service and basically fire access, if need be, just as a secondary access. At the request of the Staff, we realize that the interconnections between the parking areas at Ponderosa and our proposed Sleep Inn are important. We are planning on putting an interconnection at the front of the lot. So there would be access through the Ponderosa lot to the light for left-hand turn. We feel that circulation, with the entranceway the way it is, that would meet the safety requirements I think DOT would require. We're not firm on that. As I say, it was just an initial preliminary meeting with Mark Kennedy, but really those are some of the issues that I think I’d like to have some comments on today. MR. MAC EWAN-I have a question for you. The proposed subdivision that you’re talking about doing, the parcel that’s the rear parcel that abuts Montray Road, how do you gain access to that? Is that access off Montray Road? MR. LOYOLA-Off of Montray Road, correct. MR. MAC EWAN-What is the rear setback 50 foot talking about there? MR. LOYOLA-Actually, that 50 foot rear with the subdivision should actually probably occur here, but that 50 foot is between residential because there’s Montray Road, 50 foot setback requirement from commercial. MR. MAC EWAN-That’s referencing your buffer, then? MR. LOYOLA-Right. MR. MAC EWAN-Okay. MR. LOYOLA-But we do have total road frontage along Montray Road on this back parcel, completely accessible. MR. STARK-What about the elevation? I thought we had a limit of 25 feet? MR. MAC EWAN-Good question. MR. RINGER-There’s an existing traffic light at Sweet Road already? 39 (Queensbury Planning Board Meeting 5/18/99) MR. LOYOLA-Well, they’re putting it in. MR. RINGER-Okay, because I don’t remember it there. MR. LOYOLA-No. They have the poles up, and apparently the light is going to be strung this summer. So I have with me a Xeroxed copy that Mark Kennedy gave me. I don’t have enough to pass around, but I can kind of show you some of the improvements that they’re making. MR. STARK-Laura, I didn’t think we had three stories in Queensbury, allowed. MRS. MOORE-We have a height limit. I don’t know. MR. STARK-The height limit is, what, 25, isn’t it? MR. LOYOLA-I believe it’s 40. MR. STARK-I think you’re over that. MRS. MOORE-The maximum building height is 40. MR. MAC EWAN-Forty foot, Laura? MRS. MOORE-Forty. MR. MAC EWAN-So you’ll be applying for a variance on your height? MR. LOYOLA-We have, on the main structure of the building, we’re complying with that roofline, the main roofline, if you can see, is 40. The peak itself, we’re going to be applying for a variance. You can see the height of that. It’s 45 feet at the gable, and then with the roof structure, we would probably be around 50, 55 feet, with the tower. MR. STARK-What would happen if you didn’t get the variance? You would have to eliminate that then. MR. LOYOLA-The tower, correct. MR. STARK-Is this elevated? Are you going to have elevators in here? MR. LOYOLA-Yes. MRS. LA BOMBARD-Is this an establishment that serves breakfast? MR. LOYOLA-Yes, a continental breakfast. MRS. LA BOMBARD-Is this a franchise of Comfort? MR. LOYOLA-Yes. JAY KAPOOR MR. KAPOOR-Actually, it’s a franchise of Choice Hotels. Comfort Inn is one of the (lost word) they have. Roadway is another one. MRS. LA BOMBARD-Will this have like a workout gym inside? MR. LOYOLA-And a swimming pool. MR. KAPOOR-An indoor pool, yes, and a meeting room. MRS. LA BOMBARD-Well, I was wondering where that was, if there was a meeting room, this right here, right here in the back. Right there? MR. LOYOLA-Actually, I think this is going to be the pool and the meeting room is going to be right next door. MRS. LA BOMBARD-Right there, I've got you. 40 (Queensbury Planning Board Meeting 5/18/99) MR. LOYOLA-And the gym, we’re going to change a couple of things around. We're going to have a glass wall from the gym overlooking the pool. MRS. LA BOMBARD-And then right here would be the, there’s the main office, or the main lobby, and then, like, is this the little breakfast room here? MR. LOYOLA-No, actually, that would be in the back here. MRS. LA BOMBARD-In the back, gotcha. MR. LOYOLA-Just continental breakfast. MRS. LA BOMBARD-Right. I understand. MR. LOYOLA-Nothing major. MR. VOLLARO-I’d like to ask Staff a question. Laura, on the 75 foot Travel Corridor setback, it’s only on Bay Road that it’s specified that that’ll be absolutely clear. Is that correct? MRS. MOORE-Correct. MR. VOLLARO-Okay. MR. PALING-Did I understand you correctly that you were talking about an interconnection with Ponderosa? MR. LOYOLA-Right, just open up. MR. PALING-Because this only says Gambles. So, can we say that it’s both Gambles and Ponderosa you’re looking at? MR. RINGER-Ponderosa’s on the plan. MR. LOYOLA-Yes, the Ponderosa’s on the plan, and the Staff made a comment that Gambles Bakery, there be an interconnection consideration with Gambles Bakery, and that’s one of the things I wanted to clarify tonight, was right now, we share, there’s an existing driveway to an existing single family residence. It’s an apartment. They share a curb cut and a little bit of parking space with Gambles Bakery, and I noticed on here that the Gambles Bakery curb clean up was a comment that was made. I know DOT, in their proposal for their project, they were going to put in a new curb and actually widen out this section of Route 9, putting in a sidewalk just on the opposite side of Weeks Road, and apparently that’s slated for construction, I think they’re already doing it. So the curb cut would be cleaned up. We were proposing just to eliminate the gravel driveway that goes back to the house. We would be tearing down the building and all the accessory structures, and basically just leave the macadam where it is. So as far as cleaning that curb cut up, I don’t think we really had in mind anything in addition to that, just eliminating the gravel drive to the back. As far as the interconnection, really, I’d like to get a clarification, if you meant traffic or just pedestrian. One of the things I should mention is that with the continental breakfast, being at the Sleep Inn, the owners are proposing to go to Gambles for their baked goods, for the continental breakfast. So I think that Gambles would be more than happy to provide any baked goods for the hotel, obviously, but as far as the interconnection, I think we could provide a pedestrian interconnection, but. MR. MAC EWAN-We're looking for vehicle. MR. LOYOLA-You’re looking for vehicle? MR. MAC EWAN-Vehicle, yes, that’s what the Ordinance calls for. MR. LOYOLA-Yes, my question is, is it just another uncontrolled access? My feeling, with any access onto Route 9, is that we control it as best we can, and this is kind of a tight, I understand the whole concept between, by interconnecting parking lots is just to create internal traffic, rather than add on to Route 9, but I think in this case, it’s so easy, for someone that’s parked here, to get to Gambles Bakery anyway, because of the close proximity, that I think by adding a vehicular access, you’d be promoting more traffic to get out onto Route 9. That’s just my feeling, and again, I’m open to any insight into that. MR. MAC EWAN-I think interconnection between commercial properties in the Town of Queensbury is something this Board really strives to accomplish with site plans. We just did one last month, right, with Hewitt’s, where we had interconnection between three adjoining parcels. It’s something that we really strive for and whenever possible, we like to see it become part of the plan. 41 (Queensbury Planning Board Meeting 5/18/99) MR. LOYOLA-Is that something the Board would recommend? Because as I said, access is there. We can just keep it open. It fits right in line with our access, but again. MR. MAC EWAN-Me, personally, I’d be looking for the interconnection on both sides, both Ponderosa and Gambles. MR. LOYOLA-The main concern that we have is that, obviously, that corridor is very busy, traffic wise. If we have uncontrolled, different accesses, people coming out onto Route 9, is that going to create a safety concern for our guests and the residents of the Town? We're trying to control the way people come into the lot here and exit it so we don’t create an accident in front of the property. Most of the people that are going to use that access, I think, are people that are just going to pull into Gambles Bakery and pull out again. There’s a little bit of a liability concern. There isn’t, I don’t believe, a formal easement. It’s kind of a shared access at this point. MR. PALING-You’re saying that Gambles doesn’t use that for parking now, but it is just a shared, an opening? MR. LOYOLA-Well, as I say, I don’t think cars can permanently park in front, because that would block the access to the apartment building, but in actuality what happens, when people want to pull in, just for take out, they’ll pull in and they’ll kind of use that whole area. That’s my observation in just being there, and we don’t actually want people shooting out of our parking lot, any which way they feel, if they can, like, lets just cut through Gambles Bakery to get out quicker. It’s just going to create problems, especially in the summer time. If we can control the way they exit, even if we could get them to come out onto Sweet Road and use the traffic light to get onto 9, that would probably be a safer exit. MR. MAC EWAN-I’m worried about dumping traffic on Sweet Road, too. MR. LOYOLA-Again, it’s kind of a safety control issue, that I would be open for discussion. It’s there now. We can keep it open, but my feeling is that just to control that. In meeting with Mark, he was pretty adamant, originally, I had one alternative that aligned my entrance with Weeks Road, and he was saying just even with the additional light, promoting any left hand turn, there’s just not enough distance between the light and the proposed access, when it was aligned with Weeks Road, that would provide any safe left hand turn into our property, so that’s why I moved it back, closer to the middle of the distance, splitting the distances between the two traffic signals. I have approximately 380 feet between the traffic signal to the north, and from the south it’s about 220 feet. MR. VOLLARO-So what you’re saying is that the two main ingress/egress to your property would be, one would be in the front, where it says “Primary Ingress/Egress”, and the secondary in the back. MR. LOYOLA-Correct. MR. VOLLARO-That’s how you view the traffic getting on and off your site. MR. LOYOLA-Correct, and then as a tertiary access, there would be some through traffic through the Ponderosa lot, I’m sure, being controlled by the traffic light for left hand turns out. In fact, that’s what we would really promote, but anybody that, my feeling is that anybody that wants to travel south back over to the exit, would most likely cut through the Ponderosa lot and access it from the traffic signal. So that’s a very safe, controlled entrance point onto Route 9. MR. VOLLARO-So, you’re saying that proposed internal parking connector on the Ponderosa side is a vehicular connection? MR. LOYOLA-Correct. MR. VOLLARO-The one that’s on the Bakery side is, in your mind at least, is a pedestrian connection? MR. LOYOLA-Correct. MR. STARK-Craig, I would be more inclined to go with that, rather than a vehicular one on the north side. MR. MAC EWAN-Yes. MR. RINGER-I agree. MR. MAC EWAN-I makes sense. 42 (Queensbury Planning Board Meeting 5/18/99) MR. STARK-People are just going to be driving through Gambles parking lot. MR. MAC EWAN-Yes, it makes sense. MR. VOLLARO-I think that makes sense. MR. STARK-I mean it’s great to have interconnections, but in this case, I don’t think. MR. VOLLARO-No, I agree with you. In this case it seems to work better the way they’ve proposed it to me, anyway. MR. MAC EWAN-Anything else that you wanted to add? MR. LOYOLA-No, I think that’s it with regard to Gambles. MR. VOLLARO-Just one question. Are you buying and tearing down that building next to Gambles, that sort of apartment building? That’s going away. MR. LOYOLA-Yes. All the structures on the site would be taken down. MR. MAC EWAN-When do you propose making a formal application? MR. LOYOLA-We're hoping to have all the information in for the 26, for the June meeting. So at th that time, we can schedule a public hearing. MR. MAC EWAN-Pending approvals and such like that, or anticipated approvals, you’d be starting construction this summer? MR. LOYOLA-Right. This fall actually. MR. PALING-What type of traffic report/study are you going to have? MR. LOYOLA-Well, my feeling was that we were hoping to get that waived, just because there’s been so many traffic studies on this just singular corridor alone. I think we could work really closely with Mark Kennedy, and come up with something that is acceptable to him. I’m not exactly sure if he would require a traffic report, and again, it’s a comment that I had that, obviously, if we don’t have to, I don’t want to study the whole entire area. I know Wal-Mart has studied the area when the Wal-Mart was put in, and DOT has made their improvements and obviously studied the area with the traffic light. MR. MAC EWAN-Have you been in contact with Scott Sopczyk from the Adirondack/Glens Falls Transportation Council? MR. LOYOLA-No. Actually, I think I called them first and they said talk to Mark Kennedy, because of the project going on with DOT. I have that in my Rolodex, and I think I tried to call him initially, and he said talk to the project manager on the improvements that are being conducted just north of us. MR. MAC EWAN-What’s the architectural style of the building? I mean, is it stucco? MR. LOYOLA-Stucco. Yes, it would be a, I believe, cream color stucco building with a green roof/ MR. VOLLARO-This is the same as all the Sleep Inns are going down South on 95? Okay. MR. RINGER-You have 93 parking places and you’ve got 84 units. That seems like not enough parking spots, if you have a conference room in addition to that. You’re going to bring people into the conference room. MR. LOYOLA-Right. The requirement was for 82. We added another 12 on to it. We're expecting at least 12 to 15 employees, and that overflow would be for. MR. RINGER-If you filled up, you’ve got 84 units, and you filled up, that’s 84 cars, and then you’ve got your employees, and then if you have something going in your conference room, is 93 enough parking spots? MR. KAPOOR-In our feasibility study, what we came up with is about probably 90% of the use of our meeting room is going to be people that are staying at the Hotel, and just having a conference (lost words). 43 (Queensbury Planning Board Meeting 5/18/99) MR. RINGER-I guess what I’m asking, with an 84 unit motel, 93 parking spots is the norm? That’s the normal ratio? MR. LOYOLA-Yes. The size of this Comfort Inn, it’s a very efficient type of operation. They have, after 11 o’clock they actually have automatic tellers, and a manager isn’t really even on site, and anybody that wants to enter the building would put their credit card in and be issued a room key, essentially. So it’s all automated. Any emergencies or any calls are routed to an on-call service person. So, the operation has become very, very automated, and as I can say, Jay’s going to be running it. He’s going to have a computer system at his home so that he doesn’t have to be there 24 hours a day, but will have access to anybody that has any needs, emergency needs. MR. VOLLARO-How many units will you have? MR. LOYOLA-Eighty-two. MR. VOLLARO-Eighty-two. Okay. So you have, effectively, 11 spares, out of the 93. What’s your occupancy rate, roughly, in percentage? MR. KAPOOR-Between 60 and 70% during the year, hopefully we’ll be increasing that, but that’s what the feasibility study showed. MRS. LA BOMBARD-So you’re saying that there won’t be anybody at the desk when you drive in? MR. KAPOOR-After 11 o’clock, right. MR. LOYOLA-They don’t take American Express. No, I think they do. MR. KAPOOR-It will be very interesting, because when you’re supposed to leave, you’ve got to leave. Your card won’t be any good after that. If you want to come for another day, you have to come to the counter and reactivate it. Very State of the Art. It will be very different than what you are used to in this area. MR. VOLLARO-I think there is a system like that at a Sleep Inn down at Greensboro, in the Carolina’s some place. We stopped there once, and I got in late and I had to use the thing and get a ticket and the whole nine yards. MR. LOYOLA-It worked okay, though? MR. VOLLARO-It worked good for me. I was half asleep, but it worked. MR. PALING-Laura, do you agree with the parking space, with the numbers? MRS. MOORE-With the calculations? Yes. I calculated. MR. PALING-It seems like a heck of a squeeze. MR. VOLLARO-It’s tight. They have 11 spare spaces there. How many employees do you have? MR. LOYOLA-Twelve to fifteen. MR. VOLLARO-So you only have 11 spare spaces, over and above the 82 units. MR. LOYOLA-Right. MR. VOLLARO-So Bob’s right, it’s tight. MR. MAC EWAN-The thing you have to consider is they’ve got ample room on the site to add more parking spaces if they need them. MR. STARK-Bob, employees are there in the morning, early afternoon. Most of your people would not check in until early afternoon, evening. Employees are gone. So, I mean, you’re not going to really be that tight, as tight as you think. MR. VOLLARO-I’m just thinking about, if they get really tight, if they start parking at Ponderosa. MR. PALING-I think we ought to have a discussion about the traffic. There’s another piece of this big puzzle going into place, and another little bit of traffic going in place, and we have others, we 44 (Queensbury Planning Board Meeting 5/18/99) know a big one that’s coming up further north, and are we going to stop here and try to figure the whole thing out, or let another piece in? MR. VOLLARO-Good point. We’ve been wrestling with that right along. MR. PALING-We’ve been wrestling with this now for quite a while, and I don’t know the exact answer, but I think we’ve just got to pause and discuss what we want to do, because next month or the month after there’ll be other pieces coming in, too. MR. MAC EWAN-What kind of correspondence do we have from DOT regarding a traffic light at Sweet Road? Is it a definite that it’s going in? Proposed next five years, one year? MRS. MOORE-I haven’t been in contact with them. So maybe someone else in the office has. MR. MAC EWAN-Could we research that? MR. LOYOLA-Yes, and I do, well, I do have, just this. Here’s Sweet Road, and they’re proposing the curb cuts, and actually I don’t even know if it shows it on this plan, but there’s actually, it’s built right now, a pole, and a pole on this side. MR. MAC EWAN-Maybe we can have Staff research that, find out if there’s something in the works for us. In my mind, if DOT is making those interchange upgrades, and if they are putting a traffic light in there at Sweet Road, I would think that this application, in my mind right now, just looking at it cursory, what we have in front of us, wouldn’t pose that much of an impact on that section of road. MR. PALING-Okay. Now lets just say that that big amusement park, The Great Escape, is going to come in with one in a while, is that another piece we can let go on that basis? MR. MAC EWAN-My response to that would be that the meeting we had with them last month, in the Supervisor’s Conference Room, is that they are already correlating with the Transportation Council, and they are undertaking traffic studies and counts at the beginning of June, or end of June for the entire summer up there, corridor counts. MR. PALING-So there’s a traffic study. MR. MAC EWAN-They’re doing it. MR. STARK-They’re addressing their problems pretty good. MR. PALING-Shouldn’t we have a traffic study here? MR. MAC EWAN-Considering the fact that, in my opinion, I don’t know, how long ago did we do Wal-Mart? That was, what, ’95 we did Wal-Mart, ’94, ’95, ’95 I’ll guess. I don’t think the traffic, to do another traffic study in this, I mean, maybe they could do some counts or something like that, which isn’t that difficult a task, maybe update what we already have from the Wal-Mart traffic counts, or Wal-Mart traffic study that was done some four years ago. MR. PALING-How do you intend to advertise the Hotel, in so far as on road anywhere type of advertising, whether you’re on an interstate or whether you’re on (lost words)? MR. KAPOOR-First of all, we’re going to, you know the signs (lost word) signs on the Northway. We're going to do that. At this time, there’s no plans for one of those big billboards that you see on the side of the Northway or anything like that, but besides that, none. I mean, we’re not going to have signs on Route 9 or anything like that. MR. PALING-You might not get on the one on Interstate 87. From what I understand there’s a line. I don’t know. MR. KAPOOR-Yes, we talked to them. It goes based on proximity to the Northway. So there are four lodgings on there right now, and there is one, actually, three of them are closer and one of them is not. That’s the Welcome Inn, which is actually on the other side of Sweet Road going north, and we might be able to bump them out, just because of the proximity. So that’s what we’re hoping. MR. PALING-I’m not comfortable with anything that generates traffic, and there may be questions when we come to it. MR. VOLLARO-Well, you know that there’s some finite number out there that says Route 9 stops when that number is hit. 45 (Queensbury Planning Board Meeting 5/18/99) MRS. LA BOMBARD-So what are we going to just do, say this is it? We're never going to include anything else anymore in the Town of Queensbury because it’s going to generate traffic? I think it’s not up to us to find that traffic solution. There’s other people that have those words after the titles of their names. MR. MAC EWAN-Would it be the Planning Board? MR. VOLLARO-I think unfortunately the Planning Board has a big role to play in that area. MR. MAC EWAN-We have the Number One role in that whole issue. Okay. MRS. LA BOMBARD-I don’t think we do have the Number One role in that issue. MR. MAC EWAN-Sure, we do. MRS. LABOMBARD-Well, then you’re missing the point. MR. MAC EWAN-That’s what we’re here for. MRS. LA BOMBARD-It’s our duty to build roads and increase roads and make roads wider? MR. MAC EWAN-No. It’s our duty to address traffic concerns and such that we’re doing site plan. MRS. LABOMBARD-I know that, but we can address the traffic concerns, and we can tell the people, and they can say, all they have to do is go up and down Route 9 for themselves to see it, Craig, but we’re not the ones that are passing the laws, and appropriating the money. MR. LOYOLA-Just one other question. There was a note here from the Staff, fire and EMS access. I guess I was wondering what that. MRS. MOORE-You can give me a call, but you can contact, I think the service that provides EMS would be West Glens Falls or Empire. My concern is a couple of things, the height of your canopy for EMS access, things like that. MR. LOYOLA-Okay. MRS. MOORE-That’s what I’m looking for. MR. RINGER-You’ve got West for your EMS and Queensbury Central for your fire. MR. LOYOLA-And then as far as fire locations, I can just kind of point those out. That’s not really going to be a problem. We have a fire hydrant at the intersection of Sweet Road and Route 9, a fire hydrant at the corner of Sweet Road and Montray Road, one at the back portion of the site out on Montray Road, and then we have a fire hydrant that’s just at the Wal-Mart entrance, just south of us. So I don’t believe there’s any real problem. MRS. MOORE-It’s 500 feet for a line. MR. RINGER-They’re across the street, they’d have to shut Route 9 down for a fire. MRS. MOORE-Right. Just to let you know, it’s 500 foot for a line. You can talk with Kip Grant, who’s our Fire Marshal, and he can assist us with additional information. MR. MAC EWAN-Talk to him quickly, because he won’t be much longer. He’s retiring. On one last final note, you have an ambitious landscaping plan, and get together with the Queensbury Beautification Committee, and we’ll see you hopefully next month sometime. MR. KAPOOR-Okay. This is what we’ve hired him for, because that’s his specialty. MR. MAC EWAN-There you go. MR. KAPOOR-Thanks. MR. MAC EWAN-You’re very welcome. Anything else? I’ll make a motion to adjourn. MR. VOLLARO-Second. On motion meeting was adjourned. 46 (Queensbury Planning Board Meeting 5/18/99) RESPECTFULLY SUBMITTED, Craig MacEwan, Chairman 47