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1995-03-21 - ......-"{-"'. "-"" QUEENSBURY PLA,NNING FIRST REGULAr::: MARCH 21, INDEX Site Plan No. 31-93 MODIFICATION Subdivision No. 5-1995 FINAL STAGE Subdivision No. 18-1994 FINAL STAGE Resolution Acknow. Lead Agency Status Freshwater Wetlands Permit 1-95 Subdivision No. 4-1995 PRELIMINARY STAGE Site Plan No. 9-95 Site Plan No. 25-94 MODIFICATION Subdivision No. 10-86 EXTENSION Subdivision No. 4-83 D<TENSION BOARD MEETING MËËTI~G 1995 National Realty & Dev. Corp. 1. Niagara Mohawk Power Corp. 10. l'1cDonald's Corp. 13. Charles Young, eta ala ì 15. Charles Young, Glenna Burnham J. Wallace T)'ust 16. Charles You~g, Glenna Bur~ham J. l.Ja llace Trust 35. Gary & Valerie Randall 42. Hudson Point.e 68. St.onehurst 75. Southern Exposure MacDonald Subdivision 76. THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TO BOARD AND STAFF REVISIONS. REVISIONS WILL APPEAR ON THE FOLLOWING MONTHS MINUTES (IF ANY) AND WILL STATE SUCH APPROVAL OF SAID MINUTES. I , I,! "-- .-/ "'- -/ QUEENSBURY PLANNING BOARD FIRST REGULAR MEETING MARCH 21, 1995 7:00 P.M. MEETING MEMBERS PRESENT ROBERT PALING, CHAIRMAN JAMES OBERMAYER ROGER RUEL TIMOTHY BREWER CRAIG MACEWAN GEORGE STARK MEMBERS ABSENT CATHERINE LABOMBARD PLANNER-SCOTT HARLICKER PLANNING BOARD ATTORNEY-MARK SCHACHNER STENOGRAPHER-MARIA GAGLIARDI CORRECTION OF MINUTES January 17, 1995: NONE January 24, 1995: NONE MOTION TO APPROVE THE MINUTES DATES 1/17/95 Introduced by James Obermayer who moved for seconded by George Stark: AND 1/24/95, its adoption, Duly adopted this 21st day of March, 1995, by the following vote: AYES: Mr. Stark, Mr. Obermayer, Mr. Brewer, Mr. Ruel, Mr. Paling NOES: NONE ABSTAINED: Mr. MacEwan ABSENT: Mrs. LaBombard SUBDIVISION NO. 5-1995 FINAL STAGE TYPE: UNLISTED NATIONAL REALTY & DEV. CORP. OWNER: WAL-MART STORES ZONE: HC-1A LOCATION: RT. 9 MODIFICATION TO APPROVED PLANTING PLAN FOR REPLACEMENT OF VEGETATION TO THE REAR OF THE PROPERTY. TABLED: FEBRUARY 21. 1995 NEW PLANS RECEIVED 3/1/95 BILL WHITE, PRESENTING APPLICANT, PRESENT MR. PALING-Okay. We've had quite a bit of discussion on this. I don't think I have any comments, initially, unless anyone on the Board does. MR. BREWER-I've got a couple of comments. I don't have a scale, so I can't read this, but this line on, would be the south side, where there's little stars on it, that is the chain link fence? MR. WHITE-There's an existing chain link fence. MR. BREWER-Right. Well, I was there today, and I don't know if this is right. This line that comes out, I just walked it off quick, and it appeared to be like about 20 feet from the chain link fence out towards the building. Okay. Are you all with me? I'm here, at the chain link fence, come out here. Can you tell me what that measurement is, that's shown right now? - 1 - ~........- '..../ MR. WHITE-Forty feet. MR. BREWER-It is 40? MR. WHITE-It's 40 feet to the existing wood line. I went out, the day after our last Planning Board meeting. MR. BREWER-I can't believe, there's no way there's 40 feet from that chain link fence to that. MR. WHITE-From the property line. MR. BREWER-From the property line. MR. HARLICKER-From the chain link fence to where, Tim? MR. BREWER-From the chain link fence to where the wood line is. MR. HARLICKER-The wood line is, it looks like 28, 29 feet. MR. BREWER-So I still think it's about 10 feet shy. I'm just asking the Board. I think that ~e should, if that's what they're showing, it should be 30 feet, and we should have them beef it up. I really don't have a big, big concern about the back side, because there are a lot of existing trees there, and I think, if we lose some in the back to beef up this side, that it's not a problem with me. You really can't see anything but the back of the building, and the slope goes down to the fence. So I don't know how you can plant. There may be grass there or whatever, but that's my, that would be it for me. I would just ask him to, if that shows 30 feet, make sure that it is 30 feet. I walked it off three times today, and I came up with 20, 21 feet. MR. PALING-And you measured from the building to the fence? MR. BREWER-No. I measured from the chain link fence, to the edge of the wood line. MR. PALING-Right. MR. BREWER-I mean, it's not a perfect straight line. It juts in some places. It juts out some places, but I would want to make sure that it's consistent. If they're supposed to be 30 feet or 40 feet or whatever, that it be 40 feet or 30 feet. MR. OBERMAYER-What are you asking, Tim? MR. BREWER-Well, you see on this side here, Jim, it shows 29, 30 feet. It's only 20 feet here. I would want to make sure that that is 30 feet, and the trees, well, we already told him we wanted it beefed up on the lower end, would be the, I guess you would call it the southeast. You see where there's less trees there than there is up on the top? I just want to put more trees in there, that's what I want, than there is. I mean if you have to take a few from the back and put them over them over here, that's okay, or just add to them, I don't care. MR. PALING-Lets get a comment on your first part of it first. How about the measurement Tim is referring to? How much are you saying it is? MR. WHITE-Forty feet from the property. MR. PALING-Okay, 40 feet from the property line. That's what it, yes, okay, the scale does i~. Now if it's actually. MR. OBERMAYER-The property line is the dark line right there. MR. PALING-Yes. Right. - 2 - '-' ---' ',",-,- .,./ MR. BREWER-All right. The chain link fence to here, so we're 30 feet, approximately. MR. PALING-But the chain link fence is going to be removed. MR. BREWER-Well, it's still part of the, whether the fence is there or not, it doesn't make any difference. I'm just using that as a marker. MR. PALING-But you've got 12 or 13 feet between the fence and the property line, is my point, and when the fence is removed, it looks like you've got more than that footage. MR. BREWER-Their fence is only this wide, Bob. I mean, you're not taking any trees out to remove the fence. I'm just saying, if this measurement, from here to here, is 30 feet, should be wooded, we should beef up that area. That's what I'm saying. MR. PALING-The beefing up I understand, but the distance is. MR. BREWER-What I'm saying is, this distance from this fence to where the wood line is is 20 feet. It's not 30 feet. MR. PALING-Okay. It scales higher than 20 feet. MR. BREWER-Correct. What I'm saying, the woods don't extend that far out. MR. PALING-Well, your concern is the amount of planting, not the actual. MR. BREWER-Exactly. Well, I want to make sure that the planting is that 30 feet. Do you understand what I'm saying? MR. PALING-Yes. Okay, but we can only hold them responsible from the property line in. MR. BREWER-Well, that fence is within the property line. MR. PALING-The chain link fence is being removed. MR. BREWER-Right, but that's still within their property line. MR. PALING-Correct, but then from the property line to the wooden fence, Tim, is now. MR. BREWER-All right. Even if you take that measurement, Bob, from here to here is not 40 feet, or it is 40 feet, but it's not 40 feet wooded. Do you understand what I'm saying? MR. PALING-I understand what you're saying, but it will be wooded if they, the plantings are sufficient, and it will be the right distance. MR. BREWER-But I'm saying they should put more in here, in this, between these two points. MR. PALING-Okay. I think we've beat that enough to death. All right. You want more plantings there. MR. BREWER-Right. MR. PALING-Okay. I think we can work that out. MR. RUEL-Just a comment. The rear of the property, seems to be adequate as far as the number of trees, the density of vegetation, however, there are holes in this vegetation, there are missing trees. MR. PALING-But that's where they've done their planting. - 3 - '- ''Or'' MR. RUEL-And their planting will take care of the missing trees there, because I'm talking about existing trees now. MR. PALING-Right. Where they're not planting is the rear of the garages, if I'm reading it right. MR. BREWER-Right. MR. PALING-And they are filling in where there is presently gaps in there. Correct. MR. RUEL-Thank you. MR. PALING-Okay. over it and tell last, time? Any other questions? Okay. Do you want to go us what you've changed since we looked at it MR. WHITE-Okay. Along the west property line, we've moved the fence line from the property line about five feet back off the property line. That'll give us some room to put the plantings on the west side of the fence, and in that five foot area there, we're proposing to plant pine trees that match the existing vegetation in the back there. On the south side, we've moved the fence to a point about 40 feet off that property line, right along the existing edge of the vegetation. MR. PALING-How many feet did you say off the property line? MR. WHITE-About 40 feet. MR. PALING-Forty. Okay. MR. WHITE-Right along the existing edge of where it's been removed. MR. PALING-Yes. MR. WHITE-And we've proposed additional plantings just on the other side of that fence. We've concentrated a lot of the plantings in the southwest corner, because when we overlaid this onto the grading plan, see, there's a lot of grading work to be done in that area, where the path comes through, and to make that grade work for that path, we have to do a substantial amount of grading there. So we really concentrate a lot of plantings in that area to try to restore that as much as possible. MR. PALING-Okay. MR. WHITE-Other than that, we modifications to the body of the. really, there's been no MR. OBERMAYER-The plantings that ~ou're doing towards the apartments, those plantings are göing to be on the other side of the fence. MR. WHITE-That's correct. MR. OBERMAYER~Okay. That's what it shows there. MR. WHITE-On the apartment side. MR. PALING-On the west side, yes, back here. MR. OBERMAYER-On the other side of the fence. MR. PALING-That's right. Yes. MR. WHITE-The feeling was if we put them on the other side of an eight foot high fence, they're probably not going to be as eff ecti ve. - 4 - '-' -- '-,..., .-- MR. OBERMAYER-Right. MR. PALING-There were two large gaps there, and those have been filled in now. MR. BREWER-I'm questioning the dimension between the property line and the wood line, is that 40 feet? MR. PALING-Memory says it is, but I. MR. BREWER-But I was there today and measured from the fence to where the end of the woods go, and it's 20 feet. So if you use that as a marker, you're shy 10 feet of plantings. Not on the map, on the physical dimension there, is not 40 feet, is what I'm saying, of wooded area. MR. PALING-Well it's not 40 feet of wooded area, but it is 40 feet. I believe that. MR. BREWER-They're showing the trees on the edge area, Bob. What I did was walk from here to here, to the end of there, which is 30 feet, and it's you're shy 10 feet. If you take the 20 here and and they're showing 40 on the map. of the wooded from this line 20 feet. So 10 here is 30 MR. PALING-Did you agree with what Tim is saying? MR. WHITE-We plotted it from what we measured it the day after the Planning Board meeting, and I was told that no additional vegetation was going to be removed from that area at that time until the issues were resolved at this meeting here. I haven't been to the site for a month now, and it could be that some vegetation was removed, but I was told it would not be. They've done the utility work in that area, so there's no reason to go in there and remove anything. They've done all the utility work in that area (lost word) there's a large diameter storm sewer pipe that runs just on the south side of the existing edge of pavement. That's been installed. So they cleared out the limit of what they need to clear out at this point to install that sewer. MR. PALING-Okay. between the two. I didn't revisit the job site. So I'm stuck MR. BREWER-Okay. So if we make our resolution to pass it, if we put in the resolution that that dimension should be 40 foot of wooded area. MR. PALING-Well, 40 foot of area off the asphalt, asphalt to the property line. MR. BREWER-No, from their property line going toward the building, 40 feet should be wooded. Isn't that what's shown, or am I reading it wrong? MR. PALING-No. I don't think. MR. BREWER-To the edge of the wooded area is 40 feet. MR. PALING-To the edge of the wooded area, okay, asphalt, I'm calling it. It measures that. MR. BREWER-Correct. MR. RUEL-Would you attest to the fact that the plan is correct, as far as the dimensions from the property line to the? MR. HARLICKER-I didn't walk it off. MR. OBERMAYER-Does the applicant have any problem with just - 5 - -- running, you see how you ran your trees all the Can you just add some more trees down to the end? would probably satisfy. w,::¡y dOIrJn here? I mean, that MR. RUEL-That's not what he's talking about. MR. PALING-Yes. Well, we can specify that it be what it's called for. In the resolution we're going to specify that it be what the prints call for, namely the 40 feet, this dimension here, and then you're going to have to plant that. MR. WHITE-Sure. MR. BREWER-That's what the plan says, so that's what I think it should be. MR. PALING-All right. MR. STARK-There's a fellow here from Greenwày North. there's no public hearing scheduled, but. I know MR. PALING-Okay. All right. Do we have any other questions for the applicant? MR. BREWER-None. MR. PALING-Okay. There is no public hearing, but we still extend the courtesy to anyone that wants to speak, and if there is, before we go further, if there's anyone from the public that wants to speak, please come up to the microphone and identify yourself. PAUL CAMPANO MR. CAMPANO-This is about Wal-mart, isn't it? MR. OBERMAYER-Yes. MR. CAMPANO-My name is Paul Campano, and I live right in back where Wal-mart's building. When they first started, they were going good. Then all of a sudden they took about 12 to 14 feet more trees down. They dug a big ditch and put pipes down in t.here. MR. PALING-You're on the west side? MR. HARLICKER~The south side. MR. CAMPANO-I'm where the garage is going to be. MR. PALING-Okay. MR. CAMPANO-And what are they going to do about that 12 to 14 feet they cleared out they weren't supposed to? MR. PALING-It's all here on the print what they're going to do. They're going to replant it, and they're going to fill in the gaps, between the garages is where the heaviest planting will be, and the fence is moved in on their property line and the plantings are on the Robert Gardens side of the fence, the trees. MR. CAMPANO-From the fence out, how far is it going to be, going to be wooded again? MR. PALING-Eight feet? No, five feet. MR. WHITE-It's five feet ,to the property line, putting plantings on the other side of the fence. MR. CAMPANO-On the other side of the chain link fence? - 6 - '-' ~' .......,/ MR. WHITE-On the west side? MR. CAMPANO-The chain link fence that's there now, in back of me. MR. WHITE-No, not on the west side. There's a wood fence. MR. CAMPANO-You're talking about where Robert Gardens is. MR. HARLICKER-Yes. His is Greenway North. MR. BREWER-He lives in Greenway North. That's the 14 feet or 12 feet I'm talking about, that's missing. MR. OBERMAYER-I think he's up here. MR. BREWER-No, he's not. MR. PALING-Sir, lets go back to Day One, because I think we had you positioned in Robert Gardens. You're not. MR. CAMPANO-No. MR. PALING-Okay. Well, why don't you show us on the print where you are. MR. CAMPANO-This is where the garage is going to be? MR. BREWER-Yes. MR. PALING-Okay. MR. CAMPANO-See, I'm over here. MR. PALING-All right. where the walk through You're back near the corner, and this is is, through the fence? MR. CAMPANO-No, that would be down here. MR. PALING-Well, you've got one there, too. MR. CAMPANO-I don't know where that one came from. there. I'm over MR. PALING-Okay. Yes. There will be one there, and there will be one here, too. MR. CAMPANO-This probably is going to come from Robert Gardens walk over, in back of me. MR. PALING-That's right. MR. CAMPANO-There is one between Olson and the other fellow here, and I'm over here, and right here is where they're supposed to have, well, like I said, the chain link fence right here. MR. PALING-And they weren't supposed to cut it, and they did, and that's what we took them to task on last meeting, and that's what this revised print corrects, is what they took down last time. MR. CAMPANO-They took 12 to 14 feet which they weren't supposed to. MR. PALING-That's right. MR. CAMPANO-And they moved the i ,- stakes this way. MR. PALING-Well, whatever happened, they cut the trees down and they weren't supposed to. That's right. MR. CAMPANO-So they're going to take care of this. When the,' - 7 - -' take the chain link fence down, what are they going to put in place so it won't bother us? MR. PALING-A wooden fence, eight foot high, all the way across. MR. CAMPANO-Now what about the lights? They're going to have lights back here? MR. PALING-I don't know. MR. WHITE-There's wall packed lights, on the back. MR. PALING-There is? MR. CAMPANO-How about the reflection of the light, now? Is that going to bother us people? MR. WHITE-They're down cast type lights for security purposes only. MR. CAMPANO-And it won't reflect the back, toward our house? MR. WHITE-They're mounted I think about 15 foot high on the building and they're like a canister type that shoot down. MR. CAMPANO-All right. Again, they're going to put a wooden fence up where the chain link fence is? MR. PALING-Well, the chain link fence, there will be no chain link fence, but there will be a wooden fence there. MR. CAMPANO-Where will it be located, how far from the? MR. OBERMAYER-It will be over toward Wal-mart another 30 feet. MR. CAMPANO-Toward Wal-mart. MR. PALING-Well, here's the building here, and here's the fence, right along here. Now here's the existing fence here. That comes out. The new fence is right 'here, where these little sqUi.:n-es are. MR. CAMPANO-Okay. ~..¡ ill be? Now, like, how many feet from here to here MR. PALING-About 30. MR. CAMPANO-About 30 feet from the chain link fence to here? MR. PALING-From the property line to the. MR. CAMPANO-Now where do they claim the property line? MR. PALING-Right here. MR. CAMPANO-That's a pole line here. MR_ PALING-Well, this is the property line, hers. MR. CAMPANO-All right. property line? How far from the pole line is their MR. PALING-I don't know. MR. BREWER-The pole line goes right down the center of theirs, doesn't it? MR. CAMPANO-They say the power company owns so many feet on each side of that. - 8 - '-" --..../ c--. -- MR. PALING-I don't know. MR. CAMPANO-That's why I was trying to find out where they're going to claim their mark. MR. BREWER-The pole line is five feet west of their property line, is what Bill just said. So their property line's here, five feet this way, toward your house is the pole line. MR. CAMPANO-Right. MR. BREWER-Okay. Then from their property line, I think this gentleman is saying exactly what ¡ said, the 10 or 12 or 14 feet that's missing, what ¡ was talking about, is what he's talking about, and they've got to put that 14 feet back. MR. CAMPANO-Put that 14 feet back. See, first they took three feet, which was all right because they put those drainage in the ground there. Then after that, they took 13 more feet all the way down through. That wasn't right. MR. PALING-Well, whatever they took out, they're going to put back, so it'll be like this print calls for. MR. CAMPANO-Okay then. Put everything back the way it is, and the wooden fence, 10 feet high or 8 foot high, and the lights so they won't shine in back of us, and the garage is going to be there to block off the noise, the fence? MR. PALING-The fence should help. I don't think you'll get much noise. I doubt it. MR. CAMPANO-I hope not. MR. PALING-Trucks going back there or something. MR. BREWER-No. They're going to have an automobile repair center on that end. MR. CAMPANO-Yes, an automobile repair there. Okay. Thank you. All right. MR. PALING-Thank you. Anyone else care to comment? guess we can proceed, then. Okay. I MR. WHITE-If I could, I'd like to make one correction. (lost word) take a look at this plan. There is one pole located along the back. I indicated it's just all (lost word) but there is one pole in the back, it's shown on the previously approved site plan. There is one pole in the back, near the loading dock of the Wal-mart store, as was shown on the previously approved plan. MR. STARK-That's halfway down, toward Ames. MR. WHITE-Also, just for the record, Wal-mart did clear to that 10 foot line, and then subsequent clearing was done. That was not done by Wal-mart forces. That was done by Niagara Mohawk to clear for the power line, and for whatever reason it was not conveyed to Niagara Mohawk that that's a sensitive area. They went in and cleared out that additional 10 feet. MR. RUEL-But it's still Wal-mart's responsibility. MR. WHITE-It is, and I'm not trying to admonish them at all. It's their responsibility. They're forces did not (lost word). MR. PALING-Okay. Well, I'm everybody's pointing a finger not the offender. It was NiMo. glad you said at Wal-mart, and 'that, because actually you're - 9 - - MR. WHITE-Well, Wal-mart probably cleared a little more than they should have, but what was left Niagara Mohawk took care of. MR. PALING-Okay, but regardless, it's being resolved, and that's what the important thing is. Okay. Lets move ahead here. MOTION TO APPROVE SITE PLAN NO. 31-93 NATIONAL REALTY & DEVELOPMENT CORP., Introduced by James Obermayer who moved for its adoption, seconded by Roger Ruel: As detailed on March drawing, titled Parcel Planting Plan, at southwest corner, date March 3, 1995, and to maintain a 40 foot wooded buffer area from the property line on the south side. Duly adopted this 21st day of March, 1995, by the following vote: MR. RUEL-Instead of coming up with all the detailed requirements for this modification, if we all accept the fact, everyone on the Planning Board accepts the fact that this plan is a correct plan, and that the applicant will meet all the requirements of the plan, why don't we just say that they'll meet the requirements of the plan dðted so and so. MR. PALING-Well, I think we've got to emphasize this, though, Roger. MR. BREWER-I would want to emphasize it so that when they go to give them a CO, they'll know that that's there. MR. RUEL-All right. You can emphasize that, but I would indicate that he will meet all the requirements, strictly meet the requirements of the plan, in the event that we fotgot any of these small requirements. MR. BREWER-That's a given. They have to meet the requirements. There's no need to say that. MR. OBERMAYER-Yes. We can mention it. MR. RUEL-The planting plan is dated March 3rd. AYES: Mr. Stark, Mr. Obermayer, Mr. Brewer, Mr. Ruel, Mr. Paling NOES: Mr. MacEwan ABSENT: Mrs. LaBombard SUBDIVISION NO. 5-1995 FINAL STAGE TYPE: UNLISTED NIAGARA MOHAWK POWER CORP. OWNER: SAME AS ABOVE ZONE: WR-3A, RC-3A LOCATION: NORTH AND SOUTH SIDES OF CORINTH ROAD BETWEEN TOWN OF QUEENSBURY WATER DEPT. AND THE LAKE LUZERNE TOWN LINE. PROPOSAL IS TO SUBDIVIDE A 246.3 ACRE PARCEL INTO THREE LOTS OF 94.1, 104.6, 47.6 ACRES. ONE LOT IS FOR CONVEYANCE TO OPEN SPACE INSTITUTE, ONE LOT FOR CONTINUED OPERATION, AND LAST FOR CONVEYANCE A RESIDENTIAL LOT. TAX MAP NO. 151-1-7.1 LOT SIZE: 246.3 ACRES SECTION: SUBDIVISION REGULATIONS CLIFF SUMMERS, REPRESENTING APPLICANT, PRESENT MR. PALING-Your plans don't state it clearly, but I think you can figure it out, but just let me clarify the table on Sheet One, there on the right hand side, that says, Acreage Table, that the Lot Number One is the lot to be built on, and Lot Number Two is the land to be transferred, at a later date. MR. SUMMERS-Correct. MR. PALING-And Lot Institute. Okay. Number Three is going to the Open Space That was all the questions 1 had on this. - 10 - -- ,--,,' -- ""-"" Does anyone else on the Board have any comments? MR. RUEL-We have two resolutions on this? MR. BREWER-This is Final. MR. RUEL-We have a file, 18-1994, and a file, no. Okay. It's 5- 1995. Okay. MR. OBERMAYER-The same thing. MR. MACEWAN-I have a question and a comment, question is for Staff. We discussed on this, on Parcel One, the 94 acres, that it be subject to prior to any development on that. I guess. The Lot Number One, site plan review MR. HARLICKER-Right. MR. MACEWAN-What kind of tracking system do you guys have in effect, so that if this eventually is subdivided and sold off eventually this parcel, how will you guys know if a developer ever comes in or someone to build a house that that particular parcel's red flagged to be in front of this Board? MR. HARLICKER-That's a good question. Other than when somebody submits a building permit for something like this, they've also got to submit a plot plan. The other way we can do this is, again, once we get our big computer system on line, the GIS, this sort of information would be put into the system. So when you pull off information on this particular parcel, if there's any sort of conditions that go along with that property, that information will come up when you pull up a parcel history of this particular piece of property? MR. MACEWAN-What if someone acts on this parcel before your computer system's up and running? MR. OBERMAYER-It's going to be on the final plat, isn't it? MR. HARLICKER-The final plat, but when somebody submits a building permit, they won't necessarily, we won't get this whole big sheet of paper, if somebody were to submit a building permit for that. MR. MACEWAN-They would be more apt to get an individual surveyed parcel. MR. HARLICKER-You would get an individual plot plan for that particular lot, showing that dimension. MR. SUMMERS-If I could interject something. We have put it on Page One, the condition of approval, on top of the (lost word). MR. MACEWAN-That would be my next comment. It's awful small and it's off to the side, and I think the average person, glancing through this plan, wouldn't recognize, without thoroughly reading the plan, that Lot One is subject to it. A suggestion I might have is to move that notation right over onto the Lot One parcel, right on the drawing itself, so we could have it right in the middle of it, so that there's no possibility for someone being misinformed that that parcel has to be subject to this Board. MR. SUMMERS-I think that it would be appropriate to put it on Sheet Two, so then it would show on two sheets, Sheet One and on Sheet Two, right under the other note that's on there, that that would be acceptable to everyone. Then, when it comes before the Planning Staff, it would be noticeable. MR. MACEWAN-That way, at the very least, if it ever was to be subdivided and another surveyor made up his little particular - 11 - -- map, just for that one parcel, he's most likely going to take all the information off this. MR. BREWER-But if Parcel Number One ever came in for subdivision again, we'd have to review it anyway. MR. MACEWAN-I'm not talking about subdivision. I'm talking about subdivisión. I'm talking about site plan for any kind of, it's not necessarily open for subdivision. I mean, if someone wanted to put a house on it or a driveway up the thing, it has to come under this Board as a site plan review. So, if that was the case and there's no policing or tracking mechanism intact, how are we ever going to know and how's the builde~ ever going to know? That's what I'm trying to get across, to make sure that it gets flagged so that it does end up back here, and it doesn't fall through the cracks. MR. PALING-I think what you're doing is going to take care of that, and then the new system eventually takes over also. MR. MACEWAN-Is that acceptable with everybody? MR. OBERMAYER-Yes. That sounds fine. I can't remember, why did we put that provision, why are we putting the PTovision on that lot? MR. MACEWAN-Because of the steepness of the parcel itself. MR. OBERMAYER-The steepness of the parcel. MR. BREWER-And septic and what not. MR. OBERMAYER-Well, wouldn't that be handled in your normal building permit application? MR. BREWER-No. It wouldn't be a site plan review, no. MR. OBERMAYER-I know not site plan septic system, the design of the through the building administration? review, but wouldn't your septic system, be handled MR. BREWER-Yes, it would, but road construction wouldn't be, almost has to build a road to go up there. MR. OBERMAYER-Yes. MR. BREWER-So that was the concern. MR. HARLICKER-And there are some concerns regarding erosion, because of the steep slopes. MR. OBERMAYER-I mean, isn't that mOTe of a property owner's responsibility, I guess? If he's willing to do it. MR. SUMMERS-Yes, we'll do it. MR. OBERMAYER-Okay. MR. PALING-That can be part of the motion. MR. BREWER-One pther thing of the erosion, it's right over the top of a road. So you'll want to review it. MR. PALING-All right. The public he~ring was February 21. So there is no public hearing. Yes. Well, is there anyone from the public here that wanted to comment on this? OkaY. MOT¡ON TO APPROV~ SUBDIVISION ~Q. ~-19?5 FINA~ MOHAWK POWER CORP '.' Int'roduced by Roger Ruel ~..¡ho adoption, seconded by James Obermayer: STAGE NIAGARA moved for its - 12 - '-' -./ "- -.-' As written, with the stipulation that Lot One, the 94 acre parcel, be subject to site plan review. That he will move the note from the right side right to that parcel on the map, to show it, so it's right with the parcel, the condition of approval note, on Sheet One, and on Sheet Two it moves over in under the other note, right onto the lot itself. Whereas, the Town Planning Department is in receipt of final subdivision application, file # 5-1995, to subdivide a 246.3 acre parcel into three lots; and Whereas, the above referenced final subdivision application dated 2/15/95 consists of the following: 1. Sheet 1, Final plat, dated 1/23/95 2. Sheet 2, Final plat, dated 2/10/95 3. Sheet 3, Final plat, dated 1/23/95; and Whereas, the above file is supported with the following documentation: 1. Staff notes, dated 3/21/95; and Whereas, the proposed subdivision has been submitted to the appropriate town departments and outside agencies for their review and comment; and Wher eas , the modifications and terms contained in preliminary subdivision approval have complied with. the been Therefore, Let It Be Resolved, as follows: The Town Planning Board, after considering the above, hereby moves to approve final subdivision plat, Niagara Mohawk Power Corp., file # 5-1995. Let it be further resolved, 1. That prior to the signing of the plat by the Chairman of the Planning Board all appropriate fees shall be paid and that within 60 days of the date of this resolution the applicant shall have the signed plat filed in the Office of the Clerk of Warren County. 2. The applicant agrees to the conditions set forth in this resolution. 3. The conditions shall be noted on the map. 4. The issuance of permits is conditioned on compliance and continued compliance with the Zoning Ordinance and subdivision regulations. Duly adopted this 21st day of March, 1995, by the following vote: AYES: Mr. MacEwan, Mr. Stark, Mr. Obermayer, Mr. Brewer, Mr. Ruel, Mr. Paling NOES: ¡\lONE ABSENT: Mrs. LaBombard SUBDIVISION NO. 18-1994 FINAL STAGE TYPE: UNLISTED MCDONALD'S CORP. OWNER: EDWIN KING ZONE: HC-1A LOCATION: EAST OF EXISTING KING FUEL SERVICE STATION AT THE INTERSECTION OF DIX AVENUE AND QUAKER ROAD. PROPOSAL IS TO SUBDIVIDE A 3.39 ACRE PARCEL INTO 2 LOTS OF 1.808 AND 1.581 ACRES TO CONSTRUCT A MCDONALD'S RESTAURANT AND RELATED SITE IMPROVEMENTS. CROSS REFERENCE: AV 2-1995 TAX MAP NO. 110-1-3.3 LOT SIZE: 3.39 ACRES SECTION: SUBDIVISION REGULATIONS - 13 - '-- ED BEELER, REPRESENTING APPLICANT, PRESENT MR. PALING-Okay. The ZBA thing has been resolved. Okay. I don't have any real comments on this one, and I didn't re-visit it. Any comments from anyone on the Board? MR. MACEWAN-I missed last meeting. Did the issue of the 16 foot easement and the additional 16 foot setback get resolved? MR. PALING-Yes. That is resolved, and the curb cut was resolved, MR. RUEL-I have this letter of transmittal, dated 3/16. It indicates that it has been revised per Rist-Frost's comments, their letter dated 3/15. MR. PALING-Okay. Scott, your comments? STAFF INPUT Notes from Staff, Subdivision No. 18-1994, McDonald's Corp. FINAL STAGE, Meeting Date: March 21, 1995 "There were no outstanding issues or conditions of preliminary approval and staff can recommend final approval of this subdivision." MR. RUEL-There's nothing open. MR. HARLICKER-Not as far as the subdivision goes, no. You haven't discussed site plan. MR. RUEL-Right. This is subdivision. MR. PALING-This is subdivision only. you'd like to note? Okay. Is there anything MR. BEELER-We've made some changes to this plan since the last meeting. MR. PALING-Your name is? MR. BEELER-Ed Beeler. MR. PALING-All right. I guess we can move right into the motion. MOTION TO APPROVE SUBDIVISION NO. MCDONAI...D'S CORP., "Introduced ·by, Roger adoption, seconded by JamesOberm~yer: 18-1994 Rue! who FINAL STAGE moved for its As writ,ten. Whereas, the Town Planning Department is in receipt of final subdivision application, file # 18-1994, to subdivide a 3.39 acre parcel into two lots; and Whereas, the above referenced final subdivision application dated 11/29/94 consists of the following: 1. Sheet 1, Boundary survey Dix Avenue Lands of Edwin King, revised 1/25/95; and Whereas, the above file is supported with the following documentation: 1. Staff notes, dated 3/21/95; and Whereas, the proposed subdivision has been submitted to the appropriate town departments and outside agencies for their review and comment; and IrJhereas, the modifications and terms contained in preliminary subdivision approval have the been - 14 - --- ,--,' " ..-' complied with. Therefore, Let It Be Resolved, as follows: The Town Planning Board, after considering the above, hereby moves to approve final subdivision plat, McDonald's Corp., file # 18-1994. Let it be further resolved, 1. That prior to the signing of the plat by the Chairman of the Planning Board all appropriate fees shall be paid and that within 60 days of the date of this resolution the applicant shall have the signed plat filed in the Office of the Clerk of Warren County. 2. The applicant agrees to the conditions set forth in this resolution. 3. The conditions shall be noted on the map. 4. The issuance of permits is conditions on compliance and continued compliance with the Zoning Ordinance and subdivision regulations. Duly adopted this 21st day of March, 1995, by the following vote: AYES: Mr. Obermayer, Mr. Brewer, Mr. Ruel, Mr. MacEwan, Mr. Stark, Mr. Paling NOES: NONE ABSENT: Mrs. LaBombard RESOI".UTIONS: 1. RESOLUTION ACKNOWLEDGING LEAD AGENCY STATUS IN THE REVIEW OF FRESHWATER WETLANDS PERMIT AND SUBDIVISION FOR CHARLES YOUNG ET AL. MR. PALING-Okay. Now this is the resolution, Jim. Now this can be done as w,-itten. As I understand it, you should go right to the resolution. MR. OBERMAYER-Okay. RESOLUTION ACKNOWLEDGING LEAD AGENCY STATUS IN CONNECTION WITH Subdivision Review and Wetlands Permit for CHARLES YOUNG. GLENNA BURNHAM. J. WALLACE TRUST RESOLUTION NO.; 4-1995 INTRODUCED BY: James Obermayer WHO MOVED ITS ADOPTION SECONDED BY: Roger Ruel WHEREAS, in connection with the subdivision review and wetlands permit applications for CHARLES YOUNG. GLENNA BURNHAM, J. WALLACE TRUST, the Town of Queensbury Planning Board, by resolution, previously authorized the Executive Director to notify other involved agencies of the desire of the Planning Board to conduct a coordinated SECRA review and, WHEREAS, the Executive Director has advised that other involved agencies have been notified and have consented to the Town of Queensbury Planning Board being lead agent, NOW, THEREFORE, BE IT - 15 - RESOLVED, the Town of Queensbury Planning Board hereby recognizes itself as lead agent for purposes of SEQRA review, and BE IT FURTHER, RESOLVED, that the Town of Queensbury Planning Board hereby determines that it has sufficient information and determines the significance of the project in accordance with SECRA as follows; 1) an Environmental Impact Statement will not be required for the action, as the Planning Board has determined that there will be no significant effect or that identified environmental effects will not be significant; BE IT FURTHER, RESOLVED, that the Executive Director is hereby authorized to give such notifications and make such f i li ngs as may be required under Section 617 of the Official Compilation of Codes, Rules and regulations of the State of New Yor k. Duly adopted this 21st day of March, 1995, by the following vote: AYES: Mr. Ruel, Mr. MacEwan, Mr. Stark, Mr. Obermayer, Mr. Brewer, Mr. Paling NOES: NONE ABSENT: Mrs. LaBombard MR. BREWER-Mark, when did we send out notice for wanting to be lead agent for Charles Young? MR. SCHACHNER-I haven't the faintest idea. Staff would have been involved in that. MR. HARLICKER-That was done last month. MR. BREWER-It was? MR. HARLICKER-Yes. MR. BREWER-I just don't remember it. Okay. NEW BUSINESS: FRESHWATER WETLANDS PERMIT 1-95 CHARLES YOUNG, GLENNA BURNHAM, J. WALLACE TRUST ZONE: WR-1A LOCATION: ASSEMBLY PT., BRAYTON LANE APPLICANT PROPOSES A REGULATED ACTIVITY, SUBDIVISION OF PROPERTY, WITHIN 100 FT. OF AN APA FLAGGED WETLAND. TAX MAP NO. 6-3-14 LOT SIZE: 15.47 ACRES SECTION: 94-6 MARTIN AUFFREDOU, REPRESENTING APPLICANT, PRESENT MR. PALING-Jim would like to read in four letters that we have. Okay. Go ahead. MR. OBERMAYER-The first letter is from Jim and Linda Wimman, it's dated March 21, 1995 "Dear Sirs: In response to your public notice about a hearing March 21, 1995 for subdivision of Tax Map Number G-3-14 Lot size: 15.47 acres on Brayton Lane, Assembly Point, Lake George we have the following comments. We have our summer home within 100 feet of the property and oppose development of this property because it contains a pond of significant importance for wild life. I have observed on several occasions a great Blue Heron feeding in the pond. Subdivision of - 16 - '- --- -- '...../ this property would destroy his natural habitat and as a consequence no development of this property should be allowed. Yours, Jim & Linda Wimman 8 South Hollow Drive Ballston Lake, NY 12019" A second one is dated March 17, 1995, received in Queensbury 3/20/95, from Walden West and Robert Walden, Robert & Dayle Walden for Christopher Walden "Dear Members of the Community Development Department: Having received notification of a public hearing to be held March 21, 1995 to consider the application of Charles F. Young, Glenna Burnham, and the John Wallace Trust on Brayton Lane and Assembly Point Road in the Town of Queensbury, for the subdivision of a parcel into two conforming lots described as Tax Map No. 6-3-14, I am sending you this letter to describe my thinking on this matter: Our families' property is located east of Holly Lane on Brayton Lane, north of the proposed subdivision. We have owned this house for thirty years. We have serious concerns about this proposed subdivision, and the damaging effects it might have on Lake George. Most of the subject property acts as a drainage area for the land bordered by Assembly Point Road and Route 9L. It is a large property and drains a very huge amount of water, as in the Spring runoff, and during melting snows, and heavy rains. I should think that most of water drains into two culverts that go under Brayton Lane, one just east of Assembly Point Road and then flows through several lots and then into Lake George; the other culvert is located just south of our house which drains extensive wetlands through the culvert under Brayton Lane and then through our property into Lake George. Both these culverts flow into Lake George in very shallow water areas. I know that the culvert and stream on our property carries a large amount of polluting salts and sands into Lake George from the surrounding roads: Assembly Point Road, Brayton Lane and Holly Lane. To subdivide this critical area and add more pollutants, perhaps septic systems, holding tanks, which may leak when being pumped out, is sheer folly, and I know you are very responsible persons who would not hurt Lake George knowingly. This is a bad idea! It should not be approved. The corner of Brayton Lane and Assembly Point Road is a potentially dangerous intersection. Brayton Lane goes up a steep rise to meet at Assembly Point Road. One must be very, very careful in either direction, on or off Assembly Point Road or Brayton Lane before one makes a turn at this intersection. A subdivision surely would increase the traffic at this blind intersection, and this also must be considered. My friend Fred Young, son of Charles F. Young, has cleared a piece of the property in this proposed subdivision with the intent of building a home for himself on this four acre lot which is just south of the Lynn and Skip Gauger's home. I would not like to oppose my friend's plans and yet I do not want to open the door to anything which would cause unnecessary damage to our beloved lake. In this case only, and if Fred can convince you that his home would absolutely not pollute Lake George, then I would not oppose this one and only home. I frankly think that Fred has a hard sell to convince you professionals that any kind of system would be fùll proof in this sensitive area. What really worries me: what if Fred should sell it later on to someone who does not care about Lake George. Can you not see, the whole thing is dangerous and unnecessary. Unless. and only if. the owners. at the same time as they get an approval from you. give the land. simultaneously. as a gift to the Lake George Conservancy. I ask you not to approve this subdivision! Robert and Dayle Walden for Christopher Walden, Claudia Friedman, Kevin Walden, Leigh Harriman, Mark LaPore, Gregg LaPore RRl Box 1218 Lake George, NY 12845" MR. PALING-Just one point of clarification, in case it isn't caught up with by everyone, this is a subdivision, but it is only for one home forever. So there's no multiple homes ever going to be on it. MR. BREWER-There could potentially be another home put on there, though, Bob. - 17 - ~' MR. PALING-It would have to come back here, but right now, it's just for one home, yes. MR. RUEL-Is this the only map that we have of the area, or do we have a map that shows the surrounding area? MR. PALING-This is the only one that we have, as far as I know. MR. OBERMAYER-You can pretty much get the feel of it when you go out there, Rog. MR. PALING-When you're there, yes. MR. RUEL-To me, it's important to know what lays around this propeì'ty. MR. OBERMAYER-Did you go up there to look? MR. RUEL-No. MR. AUFFREDOU-I can explain that to you. MR. PALING-Okay. Excuse me. MR. OBERMAYER-Okay. Let us finish reading the letters first. Okay. This one is from Florence E. Connor and Minnie A. Nielsen, dated 3/16/95, it was received, and it was written on March 14, 1995 "This letter is in reference to notice of proposed subdivision given pursuant to Section A183-9(j) of the Code of the Town of Queensbury of a proposed two (2) lot subdivision of the lands of Charles F. Young, Glenna Burnham and John Wallace Trust on Brayton Lane and Assembly Point Road in the Town of Queensbury, known and described as Tax Map No. 6-3-14, the applicant seeks to divide the parcel into two (2) conforming lots. This letter comes in opposition, unless, the Town of Queensbury makes certain that the size of the lot is made sufficient to allow proper absorption of drainage from a septic system to be used year round; a system that will drain into soil on a lot that contains some very wet areas a good portion of the year, and in fact, all seasons during a moderately wet summer. In addition, I would like to see some control over the size of the structures to be built to allow any building or pavement runoff to have a sufficient area for absorption into the surrounding soil with no chance of contamination to wet areas near or far. It saddens me to see the area known as Assembly Point becoming more and more developed. It would be in the interest of the town of Queensbury to have a vision for the future and begin to set aside some land as conservation areas in order to maintain an atmosphere of harmony with nature instead of creating congested pockets similar to Cleverdale. Sincerely yours, Florence E. Connor (Minnie A. Nielsen)" The last letter is from Joseph Sharkey, Jr. and Margaret J. Sharkey. It was received on the 20th, March 20th, and it was written, no date. "This letter is a reply to the "Notice of Proposed subdivision", dated March 8, 1995. The proposed two [2J lot subdivision is on Brayton Lane and Assembly Point Road in the Town of Queensbury. [Tax Map No. 6-3-14J. The Property of Ellis J. and Margaret J. Sharkey [Tax Map No. 6-1-15] is west of the above described property, across Assembly Point Road and just south of Brayton Lane. We are concerned about the subdivision and the harmful effect it might have on Lake George. The property in question is mostly a drainage area fOì' the land bordered by Assembly Point Road and Route 9 L. This is a large land area and it drains a very large amount of water, especially during the Spring runoff and during heavy rains. All of that property drains into a culvert that goes under Brayton Lane, just east of Assembly Point Road and then flows through several lots and into Lake George in the shallow water area abutting the Polk property. This stream flows quite abundantly in the spring of the year and must carry a large amount of polluting salt and sand from the three roads. To - 18 - '"--' "--'" -.....-. ..- subdivide and add septic systems to this wet, swampy area will certainly increase the pollution going into the Lake. The intersection of Brayton Lane and Assembly Point Road is a dangerous one. Brayton Lane has an abrupt rise to meet Assembly Point Road right at the intersection and that coupled with a lot of trees and bushes on both sides of Brayton Lane, makes it quite a blind intersection. Additional construction of buildings near the intersection, will exacerbate the traffic problem unless they have an uncommon set-back from both roads. Most of the property under consideration lies in a natural wet lands that drains into Lake George. The dangerous traffic situation will only get worse. Therefore, we feel that this subdivision should not be approved. Very truly yours, E. Joseph Sharkey, Jr. Margaret J. Shar key" STAFF INPUT Notes from Staff, Freshwater Wetlands Permit 1-95/Subdiv. 4-1995, Charles Young & Others, Meeting Date: March 21, 1995 "The applicant is proposing a two lot subdivision of a 15.57 acre parcel. The subdivision involves a wetland, and since the subdivision of a wetland is considered a regulated activity, it triggers the need for a wetland permit. There is no activity proposed within the required 75 foot setback from the wetland; the house proposed for the 3.86 acre lot is approximately 110 feet from the wetland. The larger lot contains most of the wetland. There is an area along Brayton Lane which appears large enough for placement of a house without violating any setback requirements. Recommendation: Regarding the wetland permit, the wetland is APA jurisdictional and staff can recommend approval of the wetland permit conditioned on the APA issuance of their wetland permit. The subdivision is a simple two lot subdivision. The complicating factor is the wetland. There is a large enough building envelope on the smaller to accommodate construction of a house; there also appears to be a large enough area on the larger lot to site a house, even though there is none proposed. Because of the sensitive nature of the wetlands, the applicant should indicate how stormwater runoff will be handled." Some details or some information regarding the septic system. MR. HARLICKER-It just seems to me a comment here is, if you're just going to be putting one house on this parcel, why go through the subdivision process? Why not just put it on the 15 acre parcel? What are your intentions of the larger lot? I think that's the real concern of everybody. MR. RUEL-First of all, there is a proposal for a subdivision for two lots, which indicates to me, eventually, you will want to do something with the lot that's not occupied. MR. PALING-We are talking the wetland, for now. MR. RUEL-Yes, but that's where the wetlands are, right, in that lot? MR. AUFFREDOU-Maybe I can save everybody a lot of time if you'd just give me five minutes to explain what we're going to do. MR. PALING-All right. Go ahead. MR. AUFFREDOU-I'm sure there are~a lot of concerns, but I really think we could save everybody a lot of time and a lot of headache. The property is owned, as you know, and I want to state for the record, it's Glenna Burnham, not Gloria Burnham. That's a typo, okay. Our papers reflect Glenna Burnham. So, it's not Gloria. My name is Martin Auffredou. I'm an Attorney with the Bartlett, Pontiff law firm in Glens Falls. I'm here on behalf of Fred Young, who's sitting on my left, Glenn Burnham, and Jim Wallace, who's the Trustee of the John Wallace Trust. This 15 plus/minus acre parcel is owned by Mr. Young, by Glenna - 19 - --.-/ Burnham and the John Wallace Trust. They are all relatively equal owners. The property has been owned by they and their families for a great many years, a long, long time. What we intend to do is very simple. We are subdividing this property into two conforming lots. Yes, there aTe wetlands. We understand that, but what we intend to do is the smal'ler lot, conforming lot, Mr. Young may build a house there. That property is going to be, Glenna Burnham's interest and the Wallace Trust interest is going to be deeded to Mr. Young and Mr. Young is going to be the sole owner of that smaller lot. In turn, Mr. Young is going to deed his interest in the larger lot to Glenna and to Jim Wallace. Now, what do we intend to do with that larger lot? There are a couple of ideas that are floating around at this point in time. The APA has talked to us about putting deed restrictions on the property. That's a possibility. We're talking about that. MR. MACEWAN-On the larger parcel? MR. AUFFREDOU-On the larger parcel. Okay. Those deed restrictions, however, on the APA's own admission, I'm not going to speak for them tonight, but you can contact them yourselves. They will allow a storage shed on that property, even with those deed restrictions. They will allow a storage shed. They probably will ~ot allow another single family residence on the larger lot and, quite frankly, I don't think we could do that without getting a variance from the setbacks, from the wetland setbacks anyway. It would be a difficult task for us to do. The other thing that we're talking about is deeding this property over to the Lake George Basin Land Conservancy, not only this larger parcel, but also the property behind it, which is owned by the John Wallace Trust. That is a 12 acre parcel, known in OUT circles as the back, back property. So there's a 12 acre parcel to the south of this lot, the larger lot, that's owned by the John Wallace Trust solely. That property, together with the 11 acre property, for a total of 23 acres, we are currently discussing with the Nature Conservancy, the Adirondack Nature Conservancy, and the Lake George Basin Land Conservancy, basically, the same thing, for all practical purposes. We're talking about deeding those parcels to them. Now it's my understanding that the APA would even be more acceptable with that idea of the deed restrictions, at least that's what I'm hearing. So we're not talking about subdividing and putting in septic systems, as was referred to in one letter. We're not talking about putting in residences. We're talking about maybe, some day putting in a residence. Is it a strong possibility? Sure. Has the APA been on the property? Sure. Have we cleared part of the property? Sure. The reason why, we needed to make test pits. The APA wanted us to do that. What did the APA find, and I'm not speaking for them, call them yourselves, the APA found that a conventional system would be acceptable to them at the location that's indicated on your map. I have a letter right here from them which I'd be happy to make a part of the record. That's what we're doing with the property. We're not here to put in 20 homes. We're here to, basically, be consistent with the intentions and the wishes of these families who have lived in this location during the summer for many, many years. It's really very simple what we're trying to do. MR. RUEL-Is everything that you said documented somewhere? Of what you intend to do? MR. AUFFREDOU-Those are our intentions. deeds. This is what we're going to do. I mean, we don't have MR. RUEL-Yes, but you mentioned several options, and I have no way of knowing which one of these options you will, eventually, select. I have no idea what you intend to do with the property, even after everything that you've said. - 20 - '- -../ '-.. -' MR. AUFFREDOU-Sure you do. I told you it's one of two things. It's either deed restrictions. MR. RUEL-Yes. It's either this or that or the other thing. MR. AUFFREDOU-It's eithe)- one 0)- the othe)-. I mean, right now, we don't know if we can deed it over to the Nature Conservancy or the Lake George Land Basin Conservancy. I don't have a definite answer for you on that. If we don't, there will be some sort of deed restrictions on the property. The APA will not approve this unless we do either or. MR. RUEL-Well, you went from one extreme to the other. You mentioned that you could build on it. MR. STARK-No, Rog, not on the second parcel. MR. MACEWAN-He did. He said they could put a storage shed on it. MR. RUEL-A storage shed. MR. AUFFREDOU-The APA said we could. MR. RUEL-Okay, and the other extreme would be to just deed that property and the back, back property together? MR. AUFFREDOU-That's right. The back, back property, I want you to know, is not part of this application. MR. RUEL-No, no, I know. MR. AUFFREDOU-But, just so you know what our intentions are with all of this property. That's what Jim Wallace and I are talking about doing. MR. MACEWAN-To cut to the chase, is the intent here to get rid of the 22 plus acres and give it to some sort of conservation group, and develop that one smaller parcel and put a residence on it? MR. AUFFREDOU-Yes. MR. MACEWAN-Thank you. MR. PALING-How about reading the APA letter out loud, reading it into the record. MR. AUFFREDOU-This is a letter to Mr. Young, dated March 17, 1995. It's from Suzanne B. McSherry, Adirondack Park Project Review Specialist, "Dear Mr. Young: Thank you for meeting with me and Brian Grisi, the Agency's Soil Scientist, on the project site on Tuesday March 7, 1995. As a result of your kind assistance, our site investigation was most pleasant and productive. Please be aware that the permit application remains incomplete until substantive responses to all items in the February 7, 1995 (date) Additional Information Request are received by the Agency. Specifically, items no. 1, 3 and 4 are still required. Also, based on staff's investigation of the soils on your proposed building lot, a shallow absorption trench on-site sewage disposal system will be required to serve the dwelling. As I noted in my telephone conversation with you on Thursday March 16, the Agency may be able to waive the required professional engineer designed plans for such a system. In order to determine if that requirement can be waived, the following information must be submitted: 1) results of a soils percolation test conducted at the location of the proposed leach field; 2) a revised site plan for the building lot which indicates the location of the leachfield and 100% replacement/reserve area. The leach field should be located at/above the 340 foot elevation as shown on the survey map; 3) include on the revised survey map a typical detail section of a - 21 - shallow absorption trench on-site sewage disposal system. Thank you for your cooperation and assistance. If you have any questions, do not hesitate to contact me at the Agency. Sincerely, Suzanne B. McSherry Adirondack Park Project Review Specialist" MR. PALING-You see no problem with meeting what's required by the let te)"? MR. AUFFREDOU-I've talked letter. Fred spoke to her respond to that question. to her at the time she subsequent to this, and issued this I'd let him FRED YOUNG MR. YOUNG-No. That's no problem. MR. PALING-Okay. MR. YOUNG-What she was referring to, at one point, I thought about changing the location of the septic fields, and there was so much Honeysuckle there that I was cutting back, and that's why she talked about revised plan, but after searching around, I decided that, leaving it right where it was. So there won't be any changes. MR. RUEL-As far as septic systems are concerned, that's subject to engineering regulations, right? MR. PALING-Yes, and there's a lot of other things you've got to meet before this can actually take place, too, like things that are in the letter. MR. YOUNG-Yes, well, I've done the percolation tests, and I talked to her about that today. MR. PALING-Well, I have the same question. Was there a perc test conducted or no? MR. YOUNG-There was a deep soil pere test with a back hoe, but she also wanted a percolation test, which I did today. i'1R. PALING-Okay. MR. BREWER-Do we have the results of that? MR. YOUNG-It was a 10.5. MR. BREWER-Tell me what that means in english, 10.5. MR. YOUNG-We dig a hole about eight to ten inches in circumference and ten inches deep, and we fill it with water, we put a stick init that has inches, and it's the rate it takes for the water to drain down. MR. BREWER-All right, 10.5 was the rate then. MR. YOUNG-It was 10.5 to go one inch, and that's determine what the length of the septic field has to be. a faster rate, then you need a smaller. hOlrJ they If it's MR. OBERMAYER-Do you plan on bringing in fill to raise the elevation of the area? MR. YOUNG-No. MR. OBERMAYER-Are you going to have a foundation on the house, or is it going to be a slab? MR. RUEL-Aren't we still in a wetland? - 22 - '-' ---./ '-' '- MR. OBERMAYER-Yes. I was just curious. MR. RUEL-Okay. Just checking. MR. YOUNG-Actually, the elevation of this house is quite a bit above the surrounding area. MR. PALING-Yes, well that can be part of site plan. I think the questions I have are appropriate at this point. On the Environmental Assessment Form which you filled out, you didn't answer questions 7, 8, and 9. Seven you didn't answer. Eight you said unknown, and 10 you didn't answer. Eight you did answer. MR. BREWER-We have to answer Part II. MR. AUFFREDOU-I can tell you right now what happened. What we did was, I believe when I prepared this, I wrote it out, long hand, and we, typically what we do is we have it typed up. It looks like the secretary missed that. Seven, I believe, would be no. MR. PALING-Okay. You've got to either be sure. MR. AUFFREDOU-Well, the way that I submitted this, and I've talked to Staff about it. I had some unanswered questions, and this is not the first time on this form that I've had unanswered questions, and I would refer to your Staff as to whether I've completed this correctly, but I would answer Seven, no. I would answer Ten, No, and my own personal answer on Eight is, I don't know. MR. PALING-Well, no, that is answered. Eight is answered, but it's Seven and Ten. MR. OBERMAYER-You don't know what the water table is? MR. AUFFREDOU-I didn't know at the time. MR. OBERMAYER-Do you know now? MR. AUFFREDOU-I don't know. MR. HARLICKER-When they came in with the back hoe, what sort of findings did you get with the hole that you dug? MR. OBERMAYER-When did you hit water? MR. YOUNG-I think it was 28 inches down was the high water mark. MR. PALING-Twenty-eight inches is the answer to that? MR. OBERMAYER-Below grade, you hit water, right? you're saying? Is that what MR. YOUNG-I didn't hit water, no. MR. PALING-What's the 28 inches? MR. YOUNG-No. We didn't hit any water at all. feet. He went down six MR. PALING-Okay. So I know what's going on, ask your question again. I thought you said, where did you hit water? MR. HARLICKER-Yes, I did, too, and I thought he said 28. MR. YOUNG-No. We went six feet and didn't any water. MR. HARLICKER-Six feet and didn't hit any? Okay. - 23 - MR. YOUNG-It's 340 feet, and the lake level is at 322. So you're at least 18 feet above the lake level. MR. SCHACHNER-The answer is greater than six feet. MR. HARLICKER-Greater than six feet, yes. MR. PALING-Item 17, it says, is the site served by existing public utilities, and will improvements be necessary, you said yes. What did you mean by that? MR. AUFFREDOU-I think we just mean, as far as existing facilities, it would need to be hooked up to electric. MR. PALING-Okay. So you're well within the capacity, yes. Okay. As long as you have nothing special in mind. Okay. There were other unanswered questions, and I assume, at some point, we can get everything answered, and I think Staff would require that, am I right, Scott? MR. HARLICKER-I didn't see any other unanswered ones in here. MR. PALING-Well, under B, Item I, they just put question marks. Well, okay, that's the structure. I don't care about that right now. Okay. In other words, just those first two that I brought up, or three, seven, eight, and ten. Ten is easy. MR. MACEWAN-Going through the SEQRA, was it just a typo that it wasn't listed to be on the agenda tonight? MR. HARLICKER-Yes. It should be. It's a Type I Action. MR. PALING-Okay. Any other questions? MR. RUEL-I have another comment. Jim read several letters and it seemed that many residents are quite concerned about the sensitivity of the land area. However, it's zoned WR-1A, properly, and I would suggest that these comments could be forwarded to Jim Martin who's presently revising the Comprehensive Land Plan, the so called Master Plan, and this is the kind of input that he needs, from residents. They're concerned about certain areas and the possibility that it should be re-zoned, or certain areas should be maintained as is. We here on the Planning Board can only, we look at something like this that it zoned lA, and properly zoned, and the applicant is meeting all the requirements, and your concerns, I say should go to Jim Martin and possibly be included in the new master plan. MR. AUFFREDOU-We don't want to don't agree there are concerns. be here tonight saying that The property is wet. we MR. RUEL-Well, it's just that there was no response to these letters, and I thought I should answer them. MR. AUFFREDOU-As the Agent here, I just simply want to state that I think what we're doing is we're almost like a Planner's dream. We're giving property away so it won't be developed, basically, is what we're doing. We're not creating any headaches for you. We're not coming here saying, here's 25 acres that we just want one lot, and we don't know what we're going to do with the other 25 acres of property. I have authority tonight, from Jim Wallace, to say to you, this back property, the back, back property's never going to be developed. I have authority, tonight, to tell you that as far as the larger parcel, we're either going to put deed restrictions there, or we're also going to deed that to a conservancy type organization. It may be that those deed restrictions permit us to put some type of a storage shed on the property. Of course as the applicant's attorney, I'm going to make sure that he is allowed to do that, if, in fact, the agencies allow him to do that. - 24 - -.. -....../ -- ----' MR. RUEL-I'm sure the residents appreciate what you say, but it's a lot stronger if it's in words, in the comprehensive land plan. MR. YOUNG-I've spoken to Bob Walden, I think it was two days ago, and he told me that he would go along with this plan here. MR. RUEL-I'm not necessarily picking on this particular plan, but I'm talking about sensitive areas, and there are many around the lake, and residents have expressed a lot of concern about it, and I'm just telling them that this is the way they should go. MR. BREWER-It should also come this application, though. It They should be here telling us. to us because it's relevant to shouldn't just to go Jim Martin. MR. RUEL-In this particular application, yes, but I mean, in general. MR. PALING-Okay. hearing, Light? I think at this point we should go to a public PUBLIC HEARING OPENED MR. HARLICKER-This is for the wetlands permit. Correct? MR. RUEL-Yes. MR. PALING-For the wetlands permit, right. Now, anyone from the public who wishes to comment, please the microphone and identify yourself. if there's come up to MR. RUEL-Hey, Bob, couldn't these have been combined? t-1R. PALING-No. MR. BREWER-No, they're two actions. BOB LANDRY MR. LANDRY-My name is Bob Landry. I have a summer home on Lake George on Assembly Point Road. If you have one of the maps in front of you, I can locate it for you. If you look where it says Assembly Point, SE, we're located at that point there, on the west side of the road. My property is located probably, the back end of my property is located about 100 feet from this wetland. I have been up there and watched this wetland for about 25 years, and my concern is for the lake itself. We've had, much of your deterioration in the lake in the last 20 years due to pollution, and I do not see any way that these people could ever build out on this property here without polluting the lake (lot) the runoff into the wetlands, and I'll tell you why. It's a good thing we're not a year round resident, because in the spring time, we have a seepage pit that's right on the side of the road, which is about, our property's about 200 feet from the lake, 208, something like that, and in the spring time, that seepage pit is full of water. If we lived there, as I say, year round, we could not use the septic system for our cottage. What I'm getting at is here, the perc test and the water table, the perc test for the type of soil there, it does not absorb water. It's like clay. If you want to plant something, you've got to drag in topsoil, which I have done over the years, and as I say, the water table is very low. In the early spring, dig a hole in our back yard. We're much higher. This is down hill from this property that we're talking about, to dig a hole, and if you go down two feet or less, you've got water. So, as I say, my concern here is the pollution of the lake, and I like to see these people build, this is beautiful plans, I think. They're nice people, and if they put a holding tank in, I'd have no problem because I could see where there'd be no seepage into the wetlands. The way this is proposed, you've got, they've got wetlands to the east of them. - 25 - They've got wetlands to the west of them, and as my experience of living there in the summer time, 25 years, I don't see how this could be built with a leach field and not pollute the wetland, which it's been, directs right into the lake, down to a culvert, under Brayton Lane, both at the west end of Brayton Lane and also down here at the east, it goes down a hill, that property does, all the way down. I don't know, but I think there's people by the name of Walden or something, at the bottom of the hill, but anyway, my concern is the pollution of, and I don't see how this project could be completed without polluting this wetland or these wetlands, without holding tanks, and I just draw upon the 25 years that I've lived there in the summer time. MR. RUEL--Okay. the engineers necessary. If what you say is correct, I feel confident that would recommend a holding tank. If that's MR. LANDRY-Okay. I would have no problems with the project if. MR. RUEL-I'm sure that they'll look into it, and if that's the case, they'll do something. MR. LANDRY-I'd hate to see the man get in there and then have problems. As I say, you couldn't live in Q1!L. cottage yea~- round, with the water table what it is. MR. BREWER-Mr. Landry, can I ask you a question? MR. LANDRY-Sure. MR. BREWER-I was up there Sunday, and I don't recall. On the opposite side of Brayton Lane, are there houses there, or is that wetlands also? MR. LANDRY-Which side of Brayton Lane? MR. BREWER-The opposite side. MR. PALING-It would be the north side. MR. LANDRY-The north side? Lets see, there's one house that I know of. MR. BREWER-No. that he's going !,Jasn't. I mean, directly across from this proposed lot to build on. I don't recall if there was or MR. OBERMAYER-There's like four houses along that road. MR. BREWER-Yes, I know, because I went down around the corner and talked to some of the neighbors, but I don't recall, right at that corner of Assembly Point Road and Brayton. MR. LANDRY-There's one house I know of, Brian Muer's. MR. BREWER-So there are houses across the street. MR. LANDRY-He's right across the road, directly across the road. MR. BREWER-Thank you. MR. LANDRY-Another thing that concerns me a lot, and I'm not questioning the integrity of the Attorney here, but about 15 or 20 years ago, I wrote to Mr. Wallace concerning buying a piece of property, a piece of that property there behind our lot, about a half an acre. Well, the reason he said, he'd like to sell it to me, but that property, he said, there's 18 acres. I didn't know how many. He said, there's 18 acres back in there, and that's all been deeded to the National Audobon Society in Washington, D.C., he said, so it's impossible for me to sell it to you. So I - 26 - ---- ~ '-- don't know. So I just dropped it, but this is an experience ¡ had with Mr. Wallace 15 or 20 years ago. (lost word) something now, well, we may, but we're not guaranteeing it, but the conservatory may be deeded. So, I don't know. This is the story that was told to me, 15, 20 years ago, by Mr. Wallace. I don't know whether this is the same Mr. Wallace that's involved today. I don't know the man personally. I know I was told 15, 20 years ago that this property was deeded to the Audobon Society. Apparently, I was mislead. MR. PALING-Okay. Thank you. MR. LANDRY-Thank you very much. MR. PALING--Is there anyone else who'd like to comment? Okay. ROSEMARY DAVIDSEN MRS. DAVIDSEN-My name is Rosemary Davidsen, and we, too, have a cottage at Assembly Point, about seven houses north of Bob's. My concern here is on this diagram, wetlands flagged by the APA. Do they know for sure that they are going to remain the way they're flagged now, or will that be changed? MR. HARLICKER-Will they come in a couple of years later and re- flag it? MRS. DAVIDSEN-Yes. Are they going to come in here and do that? MR. HARLICKER-I don't think they do it as a common practice, no, unless it's requested that they come back in and re-flag at a later date. MR. AUFFREDOU-They were flagged at our request, a number of years ago. MRS. DAVIDSEN-This doesn't pertain to you. I was worried about trees. We don't want another travesty that we had with McCall's property up there. Do you know how much trees you're going to (lost word)? Do you have any idea? MR. YOUNG-A minimal amount of trees. MRS. DAVIDSEN-What's minimum? MR. AUFFREDOU-We can respond to that when we get a chance. MR. PALING-Okay. MRS. DAVIDSEN-Thank you. MR. PALING-Okay. Thank you. Anyone else? TOM NESBITT MR. NESBITT-My name is Tom Nesbitt, and my sister and I own property adjacent to this. Our family has owned property in this vicinity since 1937. First of all, I'd like to make the point that the notifications that I finally received were sent to an old address, and the Town does have my current address because I do have title to the land and I have my tax bill sent to the correct address. I have not seen the plan except for tonight, but I do know the surveyor who is working on this project, and I wanted to comment on a few things, because I think that they're important. First of all, I think that they should, more accurate topographic work ought to be done on the site. It was my understanding that these contours that are shown are based upon the shoreline maps that were done in 1955, for the Conservation Department. So they may not reflect exactly the current conditions. Secondly, I believe that unless things have changed in the last ten years, the Health Department requires that - 27 - percolation tests be done at 36 inches. So I suggest that percolation tests be done, not only where the principal septic system is supposed to be placed, but also where the back up system is. Having done some survey work recently on Assembly Point Road, and having to dig fOT' pì-operty corners, probably 300 feet north of Brayton Lane, I know that the soil is all clay, and property my sister has is approximately the same elevation as the site that Fred is proposing to build on, and there's ground water coming into the cellar year round, and it's only four feet deep in that area. Now prior to the reconstruction of that camp, foundation, 15 years ago, there was no ground water. The camp is now resting entirely on ledge rock. Ledge rock (lost word) our camp is only six feet down (lost word) the deepest. So, I would suggest that there be some interest placed in that regard, because certainly one of the reasons that water is staying in this area and why it's a wetland, because there's a lot of shallow rock. Specifically, where the wetland is to the west of this proposed building site, I don't believe that flows into the larger wetland that eventually crosses Brayton Lane by the Walden property in the spring. I think if you look at the contours, you might notice that there seems to be kind of a divide. Now, just as a point of information, that wetland to the west of this proposed building site has only been wet for about ten years, because there's a culvert under Brayton Lane which has never functioned properly, and I believe it was installed during (lost word). So there's a problem with the drainage there, that if it were corrected, it may not be a wetland. MR. PALING-Where is the culvert located? MR. NESBITT-It's located right at the bottom of the hill, right off of Assembly Point Road. That drains the property to the north, which used to be an apple orchard. MR. PALING-You're saying it's on the other side of Assembly Point Road, from this? MR. NESBITT-No, no, right at the bottom of the hill, right off of Bray'ton Lane. MR. OBERMAYER-Right there, right by (lost word), right here, there's an open culvert. MR. PALING-Okay. Yes. MR. NESBITT-Ten or fifteen years ago, that was not wet. The culvert has been blocked up and it has never functioned properly. About all I can say is if that culvert were fixed, maybe that wouldn't be wet, but that's the Town's problem. That's not Fred's problem, but I would strongly urge that adequate percolation and ground water testing be done to confirm the depth of ground water and percolation, because I do know the soil conditions are not conducive to a rampant percolation rate, and I also know that the property to the east of the Walden's, which is across the road, you see there's a little rectangular indent into this 11 acres? MR. PALING-Yes. MR. NESBITT-Well right opposite that is property that my grandparents used to own, and when the Zoning Board of Appeals granted a variance for the Sandsmarks to reconstruct the old camp, they stipulated that holding tanks be placed in the ground, and that's what was done there. It was done mostly because of this proximity to the lake, but again, that area down there we found a perched water table, which means that there was a layer of dry soil and there was about a foot and a half or two feet and then there was a layer of water, but it was saturated underneath that upper level. So, I'm not particularly concerned that Fred wants to subdivide and build here. I think that that's nice, but - 28 - '- ,"--", I am concerned that the project be conducted properly, and by qualified authorities. I hope that the Town Engineer will be reviewing the design so that it meets all of the regulations. Too often around Lake George a lot of the work that's done, not to imply that Fred would be doing this, but too often a lot of work gets done under the moonlight, if you will, and unfortunately it's later on that we end up paying the price. So, because of the sensitivity of the wetlands and because of the, the other issue that was mentioned tonight about the intersection itself, one of the former land owners to the west of Assembly Point Road planted some shrubbery which blocks the view to the north, trying to get out onto Assembly Point Road from Brayton Lane. Because of the steepness of that grade, you would have to creep right out into the middle of Assembly Point Road to look for oncoming traffic. So, I don't feel that the development that Mr. Young is proposing is going to have an impact on that any more than the current usage of the road, but that's another issue that I think the Town needs to address, because it's a very dangerous one, and regardless of the speed limit signs on that road, and the signs that the Assembly Point Association has placed about speeding, having worked on that road last summer, it doesn't make any difference to anybody how fast they go. Since the County re-aligned Assembly Point Road in the fifties, that's just an accident waiting to happen, but that has no bearing on the hearing tonight. So, as I say, I'm just concerned that all the review agencies take into consideration the soil conditions. Also, in the site plan review, which I realize this hearing is not for that, but adequate provisions ought to be made during construction to prevent siltation erosion. MR. PALING-Yes. they will be. I We'll take care of that as a separate issue, and can assure you. MR. BREWER-There won't be a site plan review, though. MR. PALING-For subdivision, but if there's a building to go on it, it would be a site plan. MR. HARLICKER-No, there wouldn't. MR. SCHACHNER-Not residential. MR. RUEL-Just subdivision. MR. NESBITT-Well, I would request that some stipulation be made to protect any silting into the wetland from the construction, of construction debris, the oil that usually drips off construction equipment. I think that if the silt fences or hay bale dikes were replaced that that would certainly alleviate any impact on the wetland. MR. RUEL-Just a SEQRA review on this? MR. PALING-Yes. MR. OBERMAYER-Yes. MR. RUEL-That covers those points that the gentleman mentioned. MR. PALING-Well, SEQRA would be part of the subdivision, then. MR. RUEL-Yes. Well, this is all wetlands, but the public hearing, apparently, is on both, tonight. MR. BREWER-They're two separate actions. MR. PALING-I think it would apply to that, yes, because, but they are two separate actions. MR. RUEL-Yes, but the public hearing is open for both. - 29 - '- '- MR. PALING--Yes. MR. NESBITT-Well, in that case, as long as I can say something about that, then I think that that's something that should be specifically required, as an adequate protection. MR. PALING-Okay, but there's two public hearings. So, it'll be tonight, but we're trying to keep them separate. They're going to be one after the other, and we will try to do it. Okay. Thank you. Are there any other comments from the public on this? Rosemary, did you have a letter that you wanted to read into the record? I didn't want to shut you off on that, but that wasn't the right time back then. MRS. DAVIDSEN-This is from Lydia and George Ernst. They're our neighbors to the north half of the lake, and they're in Sarasota, Florida. The Ides of March 1995 she writes. "Dear Jim: What is the consensus of the owners of property in our area? I respect your Judgment in this manner so please add my name to the list - as you would vote. Sincerely, Lydia Ernst" MR. PALING-Okay. Any wetlands part of this? more comments from the public Any more from the Board? on the MR. BREWER-I think, before we take any action on this, we should get a confirmation on the perc test, as to what the soils really are up there. They did the perc test today. That's!:!1.Z opinion. MR. PALING-Yes. They're going to have to pass all of those. Anything we do would be contingent upon successful. MR. RUEL-Yes. Right. MR. BREWER-We know what they are before we do the wetlands permit? MR. RUEL-No. We don't normally tell them ahead of time. We wait until they make the tests, and we get the results. MR. AUFFREDOU-We'd be happy to supply them to you. MR. BREWER-I don't know. Somebody said something about three feet, and you did it at, what? MR. YOUNG-They dug down over six feet with a back hoe. MR. AUFFREDOU-They meaning the APA. MR. BREWER-The APA did? Then that's fine. MR. YOUNG-The APA was on site. They dug two separate holes on the site, and they went down over six feet and dug the hole, and there was a soil scientist there, and he looked at all the different soils and analyzed it, and there was no water. MR. BREWER-That's fine with me. MR. YOUNG-This land is about 10 feet higher than the land of his sister's house, 18 feet higher than the land of his grandmother's house. His grandmother's house was built on a swamp down there. MF~. BREIrJER-O kay . MR. PALING-All right. Mr. Nesbitt, did you want to comment? MR. NESBITT-For percolation tests, it has to be three feet deep. MR. YOUNG-That's not what ¡ was told. MR. PALING-We don't dispute that tonight, but it would have to - 30 - -- -..-' '-, --- get by APA and the Staff's requirement on what they are, but Staff and APA would know and any approvals or what not that comes contingent. We hear you, but we don't see that. I don't know what has to be done, out of here would be them. MR. BREWER-Those are not a requirement of subdivision, are they, 0)- are they? MR. OBERMAYER-No, they're not. MR. PALING-Wetlands? MR. OBERMAYER-I don't think so. MR. BREWER-They're not a requirement of subdivision, perc tests, are they? MR. HARLICKER-They're relative to a have adequate perc, you couldn't and that has some bearing as to property 0)- not. subdivision. If they don't put a septic system in there, the buildability of a piece of MR. BREWER-Does it have to be done for our application? MR. HARLICKER-Normally on a two lot subdivision like this we don't require it. MR. MACEWAN-It doesn't have to be, but it could certainly be requested by our Board. If it helps us come to a better understanding and decision to this, it's certainly within our power to ask of it. MR. AUFFREDOU-How about if we just ask that the APA supply your staff with their results? MR. PALING-And this would include perc test? MR. AUFFREDOU-My understanding was. MR. YOUNG-Both perc and percolation tests. MR. PALING-Okay. MR. AUFFREDOU-And again, I read the APA's letter. I know it doesn't indicate specifically what the results were, but I think we can sort of infer that they're saying it's okay by reason of the fact that they're saying. MR. BREWER-Can we get that in writing? MR. AUFFREDOU-I can give you a copy of this letter. the results. l-Je ' II get MR. PALING-It seems that they are saying that, and the results would confirm it, and that could be part of the record. MR. AUFFREDOU-I have no problem with that. MR. PALING-Good. Okay. MR. RUEL-If the tests are part of the APA permit, that's fine, because you have to get APA permit approval. MR. AUFFREDOU-This is a minor project under the APA. MR. PALING-All right. Then for the purposes of wetland, we should do a SEQRA, I assume. MR. MACEWAN-I have a couple of questions for the Staff. For the purposes of this permit application, it's a two step process - 31 - where they get our support or denial of this, then they also have to add the APA's support to get a permit? MR. HARLICKER-Regarding the wetlands permit? MR. MACEWAN-Yes. MR. HARLICKER-Yes. Normally what the Board has done in the past is conditioned the Town wetlands permit on, in the Town, all wetlands are either jurisdictional or to the APA, DEC, or the Army Corp of Engineers, and generally what the Board has done is just conditioned the Town wetland permit on the applicant getting his necessary criteria from the APA. Do we normally come first in the process or second in the process? MR. HARLICKER-Usually first. MR. MACEWAN-Usually first. All right. My next question, then, is this in a Critical Environmental Area up there? MR. HARLICKER-Yes, it is. MR. MACEWAN-It wasn't listed on our agenda, and now what kind of a twist does that add to it? MR. SCHACHNER-I'll field that one. It doesn't really add much of a twist, so long as you've had what's called coordinated review under SEQRA, which you appear to have had, because you have a resolution acknowledging lead agency status. The only other significance of being in a Critical Environmental Area is that the application must be accompanied by a Long Form Environmental Assessment Form, not a Short Form, which also appears to have been accomplished. So, I would say it doesn't add any twist. MR. MACEWAN-Well, it seems like a lot of our decisions are hinging on what the APA says, and what their requirements are. MR. SCHACHNER-Take that with a grain of salt, in that the permits are not, it's not one permit that both we and the APA have input into. I mean, they're two permits, but as Scott and others have correctly indicated, in terms of past practice, this Board has typically reviewed the Freshwater Wetlands permit first, and if there is APA Jurisdiction, often if not always, conditioned it upon receiving appropriate approval from the APA as well. I have to say, from my own professional experience with the APA, I think the applicant's offer to make this data a part of the record is helpful, and if you want to accept that offer, that's fine, but the fact that we have a letter in writing that the applicant has read and indicated that they can make part of our record, from the APA, from the Project Review Officer, indicating that a specific type of system will be allowed on this property clearly indicates, in!!lY.. mind, from !!lY.. experience with the APA, that sufficient testing has been done to allow that type of system. The APA, the gentleman that accompanied this site examination, is a Soil Scientist named Brian Grisi, who ¡ know, and if the APA has written the letter that Mr. Auffredou says they have, and, obviously, he's waving it in front of us, then that means that they have done sufficient testing to be comfortable with that type of system being on the property. MR. MACEWAN-Okay. I guess I would ask that that letter be entered into the record for us. MR. SCHACHNER-Yes. I think it's already been read, and I think it should become part of our records, no question about it. MR. RUEL-That letter is the APA approval, isn't it? MR. SCHACHNER-No, it is not. MR. BREWER-No, it's not the approval. - 32 - '--' --../ - -../ MR. SCHACHNER-And it's important you understand that, and what ¡ understand the applicant to be saying is that this is subject to APA jurisdiction, that they're in the process, that they have this letter along the way, that they don't yet have their APA permits. Is that a fair summary? MR. AUFFREDOU-Sure. MR. RUEL-What do you call this letter? MR. AUFFREDOU-I call this letter an incomplete application letter. That they're asking for more information, but I must tell you, in my conversations with Suzanne McSherry, at the APA, and again, you and your Staff can confirm this. This is the only time that I've had an application to the APA where they're absolutely delighted with what we're doing. They have found absolutely no problem with what is proposed. Now I've represented a number of applicants with the APA, and I've never had that response before from the APA. This has been a very, very pleasant APA experience for me. They've done a good job, and I feel we've done a good job. The fact of the matter is, I'm more than hinting here tonight, the reason why they like it is because of what we propose to do with the rest of the property. MR. RUEL-All right. This is an aside. Mark, we on the Planning Board have the option to reject an application, even though APA has granted all the approvals. Correct? MR. SCHACHNER-Yes. You're not bound by the approvals of other agencies. That's correct. MR. RUEL-But we cannot grant approval unless we have APA app,-ova l? MR. SCHACHNER-No, that's not correct. autonomous and independent. Your jurisdiction is MR. OBERMAYER-Right. MR. RUEL-Without APA? MR. SCHACHNER-Correct. MR. OBERMAYER-Yes. MR. RUEL-Then why do we go to APA? MR. SCHACHNER-You don't go to the APA. The applicants go to APA because under New York State law, they're subject to the Adirondack Park Agency Act, and under local law, they're subject to the Town of Queensbury's Freshwater Wetlands law. So they're subject, as is often the case in applications, especially anywhere near this area, they're subject to the jurisdiction of several different bodies. Those jurisdictions are separate and independent. MR. RUEL-Okay. MR. PALING-Okay. Now I think the SEQRA is next. MR. SCHACHNER-When you go through that, I just want to make sure we're clear on one thing that might have been a misconception. We're reviewing separate actions, from the standpoint of our local laws, meaning a Freshwater Wetlands permit application and a Preliminary subdivision application, but your SEQRA review should be on both, on the whole project. MR. PALING-Good. I'm glad you said that. So the SEQRA we do now can apply to both. - 33 - -..-;" MR. SCHACHNER-Not only can, but must. From the standpoint of SECRA review, it's one SECRA action, even though your comments earlier are correct, that we're taking this in two separate actions. i"1R. PALING-Okay. RESOLUTION WHEN DETERMINATION OF NO SIGNIFICANCE IS MADE RESOLUTION NO. 4-1995, Introduced by James Obermayer who moved for its adoptioR, seconded by Craig MacEwan: WHEREAS, there is application for: TRUST, and presently before the CHARLES YOUNG, GLENNA Planning Board an BURNHAM, J. WALLACE 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: The APA 3. The proposed action considered by this Board is Type I in the Department of Environmental Conservation Regulations implementing the State Environmental Quality Review Act and the regulations of the Town of Cueensbury. 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 21st day of March, 1995, by the following vote: MR. PALING-Jim, let me take you back a minute to the first one we did, "Will the proposed action result in a physical change to the project site?" That's a no you had, right? MR. STARK-That is a no. MR. RUEL-Do we have äny yeses anywhere? , MR. PALING-No. I think we changed them and we considered that this was, this is not a site plan. MR. BREWER-You still have to consider the house being built because that's what he's telling us he's doing. MR. RUEL-Yes. We have to consider it. MR. MACEWAN-I think it's important because the house is not going to come back for site plan, even though this is only a subdivision. We know that the intent down the road is to put a - 34 - '-- '--' '- --..,.;' residence on this parcel. MR. RUEL--t,.Je have to look at this as though it is site plan. MR. BREWER-It's a small to moderate impact, but you still have to consider it. MR. OBERMAYER-It can be mitigated, though. MR. PALING-Than that ought to be yes, with a small amount, it can be mitigated. MR. RUEL-How can it be mitigated? MR. OBERMAYER-Plant trees around it MR. BREWER-It's a small to moderate impact on that piece of property. MR. PALING-The impact is so small, it isn't worth chasing after. AYES: Mr. Stark, Mr. Obermayer, Mr. Brewer, Mr. Ruel, Mr. MacEwan, Mr. Paling NOES: NONE ABSENT: Mrs. LaBombard MR. PALING-Okay. this. Then I guess we can have a motion, now, on MR. RUEL-This subdivision's preliminary, right? MR. PALING-This is for the Freshwater Wetlands only. MR. RUEL-The next thing we do is preliminary. MR. PALING-That will be next. MOTION TO APPROVE FRESHWATER WETLANDS PERMIT NO. 1-95 CHARLES YOUNG. GLENNA BURNHAM. J. WALLACE TRUST, Introduced by James Obermayer who moved for its adoption, seconded by Craig MacEwan: Location: Assembly Point, Brayton Lane. Applicant proposes a regulated activity, subdivision of property, within 100 ft. of an APA flagged wetland. Duly adopted this 21st day of March, 1995, by the following vote: AYES: Mr. Obermayer, Mr. Brewer, Mr. Ruel, Mr. MacEwan, Mr. Stark, Mr. Paling NOES: NONE ABSENT: Mrs. LaBombard SUBDIVISION NO. 4-1995 PRELIMINARY STAGE TYPE I CHARLES YOUNG, GLENNA BURNHAM, J. WALLACE TRUST ZONE: WR-1A LOCATION: ASSEMBLY PT., BRAYTON LANE PROPOSAL IS TO SUBDIVIDE A 15.47 ACRE PARCEL INTO 2 LOTS OF 3.86 ACRES AND 11.61 ACRES. CROSS REFERENCE: FWl-95 APA TAX MAP NO. 6-3-14 LOT SIZE: 15.47 ACRES SECTION: SUBDIVISION REGULATIONS MARTIN AUFFREDOU, REPRESENTING APPLICANT, PRESENT MR. PALING-Okay. Now, and this requires a separate public hearing. Scott, do you have other comments? MR. HARLICKER-No, no additional comments. - 35 - MR. PALING-Your comments have already been made for both. MR. MACEWAN-I have a comment, please. Martin wrote a letter asking for, requesting a waiver for seven items from the subdivision. I would suggest to the Board that we stick with the clearing plan, grading, erosion control and drainage report all be part of the subdivision, considering its proximity to the wetland and the intent of the property, that we not allow the waiver on those. He's asking for a waiver to sketch plan, which is okay, waiver to layout's okay, waiver to construction, okay, waiver to landscaping. I'm suggesting that we make him go through, for the clearing plan, the grading and erosion control and the drainage report. MR. BREWER-I would agree. MR. PALING-Yes. I don't have any problem with that. MR. STARK-Bob, just make sure they're ready for final, have those three things for final. MR. BREWER-Shouldn't we review them, George? MR. MACEWAN-No, I mean, Tim, if he it'll be in our packet, that we something's wrong and it needs to be comes back for final, he can always rectify whatever needs to be done. has them for can review addressed be tabled us for final, them, and if at the time he and have them MR. RUEL-Well, he asked for these waivers, and they were granted, right? MR. OBERMAYER-No, they weren't. MR. AUFFREDOU-I want to just make a clarification. I asked for the waivers because it was my understanding, after speaking with Staff, it's a standard practice to do so for a two lot subdivision. MR. PALING-Okay. MR. RUEL-That's true. MR. AUFFREDOU-I can understand your concerns. What I would suggest that we do, Tim, if it's okay with you, I don't know if the area marked proposed clearing, as it sits right now, would satisfy the review, Craig, of what's going to be cleared. That's what we plan to do, or thereabouts. As far as the other things go, I can stipulate tonight, I think that we could get Leon involved within the next couple of days and get something up here by week's end. So hopefully it would be in your packet for next week. The only thing I would ask is that whatever resolutions we reach tonight doesn't hold up final review for next week, and I'll do my part to get you that information. MR. MACEWAN-Is he looking to break ground within the next two weeks or three weeks or even a month? MR. AUFFREDOU-No. MR. MACEWAN-Then what's the hurry? MR. AUFFREDOU-What the hurry is, is quite honestly, is that APA will not take final action on this until they hear from all of you, and I have no public hearing with APA. I have no opportunity to go up there and meet with them and say, please issue us a permit. My experience with APA, even if it is a simple project, is that it may take a heck of a long time to get a permit from them. So that's why I'm trying to, I'm not trying to push this through. What I'm saying is, we can come up with - 36 - '--' ~~ ~ -./ these things. I think we can come up with these things. If we can't, I'll just call Scott and say, Scott, I need an adjournment. If we can, I'd like to be given that opportunity to do so, and keep the final on for next Tuesday night. MR. PALING-Well, the only caution I would exercise, though, is that we can't guarantee passage next week, tonight. I think what you're proposal is okay, I think you can clear us on the grading, erosion and drainage report, but I guess the question might be the clearing plan. MR. AUFFREDOU-The clearing plan, I don't know how much more exact I can be, unless there's some written specification, Scott, that you're looking for. I don't know how much clearer I can be than what's already marked. Leon put a little squiggly line there. I was indicating to this lady to my left here, Mrs. Davidsen, that's what we propose to clear, the little squiggly line, and you'll see Leon has written in, proposed, here. MR. PALING-Could you settle for no more than what is shown on the pr i nt? MR. MACEWAN-In the past, you know, clearing plans have been a lot more definitive than that. MR. BREWER-That's why ¡ say, if we get them and review them and do this next week. I mean, there's neighbors that are concerned. r think it's only fair to them that they get a chance to look at l>Jhat he's doing. MR. MACEWAN-I agree with you. I don't think there's any rush to build a house on this. I'd like to see us go through the motions and do everything the right way. MR. STARK-I think we ought to vote on the Preliminary tonight for that, and if we get the plans in time for next week, fine. If we can't review them, put it off until the first meeting of the follol>Ji ng month. MR. PALING-I think that would be satisfactory to everyone. MR. AUFFREDOU-I can't argue with you on that. That's fine. MR. STARK-I can't see Leon doing this in two days. MR. BREWER-You can't see Leon doing it in two days, but you expect our Staff and us to review it in one day, George? MR. STARK-No. r said I can't see Leon doing it in two days to get it u.p to ur', looking at it and everything. .:J , MR. BREWER-So then we won't have it next week, then? MR. STARK-No, we wouldn't have it and we'd have to pu.t it off until next month. MR. AUFFREDOU-I'd just like to be given the opportunity to try. That's all. That's all I'm asking. MR. PALING-I don't see anything wrong with that. MR. OBERMAYER-No, either do I. MR. AUFFREDOU-If we can't do it. I'll give Scott a call and I'll ask Scott to relay a message to you, Mr. Chairman, that we're asking for adjournment. MR. PALING-Okay. MR. OBERMAYER-You will have these other items that we talked - 37 - _/ about, though, on your list. We're not waiving anything. MR. AUFFREDOU-I just want to make sure, Craig, I have exactly those ones you were talking about. It's the grading and erosion control, clearing, and what was the third one? MR. MACEWAN-Drainage. MR. OBERMAYER-Drainage. MR. AUFFREDOU-Okay. MR. MACEWAN-Thank you. MR. AUFFREDOU-We'll certainly try. MR. PALING-All right. Now the public hearing is either open or still open, however you want to look at it. So if there's anyone from the public, please come forward. MR. BREWER-Did you ever close the last public hearing? MR. PALING-No, I did not close it. I think, whether I did or I didn't, I'll close the public hearing on the wetlands portion. Okay. Now I'll open the public hearing on the subdivision preliminary stage, and invite anyone who wishes to speak to come forward. PUBLIC HEARING OPENED BOB LANDRY MR. LANDRY-When would the Town Engineer review these? MR. PALING-As soon as the information is in their hands, but we don't know when that would be, but we will let the public speak at whatever meeting it's at, either next week or whichever one. MR. MACEWAN-Just leave the public hearing open on this one. MR. PALING-All right. Leave the public hearing open. Okay. The public hearing on the subdivision will remain open. Okay. MR. OBERMAYER-For the next meeting. MR. PALING-Until the next meeting, correct, and then we'll decide from there what it will be. MR. LANDRY-So is that it for tonight? MR. PALING-Well, there's going to be, there'll be a motion now. MR. MACEWAN-I mean, does anybody want to speak regarding the subdivision? TO¡VI NESBITT MR. NESBITT-I'm Tom Nesbitt. I wanted to know, is a topographic survey required for the subdivision? MR. PALING-Yes. MR. NESBITT-An actual topographic survey? MR. PALING-Yes. MR. NESBITT-This is my understanding that this is based upon the Lake George shoreline maps which were prepared from aerial photography in 1954. - 38 - -..../ "'- --..,./ MR. STARK-It says, revised August 19, 1993. MR. HARLICKER-That's where the map was made. MR. NESBITT-Is that topographic work, or is that the wetlands location? MR. HARLICKER-The traffic information is from May 1958. MR. OBERMAYER-Right, May 6, 1958. MR. NESBITT-Which is, what, 37 years later. MR. BREWER-Is a topo map required, a two foot contour or something? MR. HARLICKER-Two foot contours, but it doesn't say. MR. SCHACHNER-All it says is existing grade contours at two States Geological Survey data. Town's subdivision regulations. topographic features, including foot contour intervals, United I'm reading verbatim from the MR. MACEWAN-And he has the two foot contours on here. MR. NESBITT-The other thing is that the scale on this map. It's a little difficult to determine the dimensions that they're planning to develop. I'd just caution you, I guess, that you might want to take into consideration that this is small scale map, and maybe important to have some dimensions added to this, in terms of the limits of clearing and the setback from the house and the septic system and so forth and so on. MR. OBERMAYER-That's for final. MR. NESBITT-That's for final? MR. OBERMAYER-Right. MR. STARK-We can request that for final, can't we? MR. PALING-Yes. yes, for final. We can request a larger map at a smaller scale, MR. NESBITT-My concern misinterpret some details this scale. is it's easy to misunderstand, that may not be able to be drawn at MR. PALING-Okay. What are our requirements for scale? MR. HARLICKER-I was just going to say. You might have them request a waiver. It's supposed to be one inch equals fifty feet, and the map they proposed it one to one hundred. So they should also request a waiver for that. Maybe they could do it verbally tonight. MR. BREWER-That should be part of the application regardless, 1" ight, 01" no? MR. HARLICKER-They can request a waiver to that, just like they can the rest of these requirements. MR. BREWER-There's no waiver requested. MR. HARLICKER-Okay. MR. BREWER-This map is not the correct map for the application. Is that what you're saying? MR. HARLICKER-Subdivision Reg's require fifty foot contours, or - 39 - -' ">i" fifty foot scale. They've got 100. MR. BREWER-This map is not right for the application, then. MR. PALING-For the scale. MR. HARLICKER-Right. Yes. MR. NESBITT-It's also labeled the final plat, which implies to me that somebody already made a determination about this. MR. BREWER-They just prepare them for that. MR. few but met PALING-Well, there is quite people, and you don't like I think, in this case, we as we call for, but I don't a bit of sensitivity from quite a to get too strict with everybody, should request that the scale be want to go beyond it, either. MR. NESBITT-Well, I'm not asking the Board to be strict. I'm just concerned that nothing be overlooked, because we've had some bad experiences in the neighborhood because of some people not being, some projects were not followed up on by the Town, and so certain conditions that were placed on the project by the Town ¡"Jer e never met. MR. PALING-We will ask them to do that, then, and go by the requirements of the contours as well as the scale. MR. OBERMAYER-What would be nice, also, is dimension from the proposed clearing to the to show what that space is, also. to see, like, the wetlands, you know, MR. NESBITT-Pre~umably,that would be on the drainage plan. MR. OBERMAYER-Presumably, right, to show that distance, right. MR. RUEL-Well, the clearing will be expanded if they change the scale. MR. NESBITT-Most of the clearing that's going to be done is basically scrub brush. It's only been there for maybe 25 years. It's poplar. It's honeysuckle and crab. So, I mean, it's not really going to, cutting down is not going to have a great impact on the environment. In fact, it used to be a garden. MR. PALING-All right, then are you satisfied, then, with what we're going to do? MR. NESBITT-Yes. MR. PALING-Okay. Thank you. Is there any more public comment on this? Okay. The public hearing remains open until next meeting, and we'll determine, then, what'll happen with the public hearing after that. MR. OBERMAYER-Wouldn't we have another public hearing anyway, on the final stage? MR. STARK-No, not for final. MR. PALING-No. We'll keep this one open. Okay. All right. MR. HARLICKER-Could motion here? So, grading and erosion drainage plan. I get something clear before you get into a for final subdivision, you're requiring a control plan, a clearing plan, like I said, a MR. RUEL-All the things that are normally required. MR. HARLICKER-Right, and you want the final plat that fifty - 40 - -' ....'-,....' "-' scale, as opposed to one hundred scale, correct? MR. RUEL-Yes. MR. OBERMAYER-Did you have the drainage report? MR. HARLICKER-Yes, grading and erosion control, drainage and the scale to fifty. clearing, MR. NESBITT-I'd like to going to be developed be sense in doing a 50 scale that that would be a waste suggest that maybe only the area that's done at 50 scale, because there's no map of the entire 16 acres. I think of time and money. MR. PALING-All right. Fine. MR. AUFFREDOU-Mr. Chairman, the only thing I wanted to point out is the name of this map, Norlander, that is Glenna's, my understanding is that's Glenna's maiden name. The final plat will reflect Young, Wallace, and Burnham. Okay. Norlander is an old name that's just been on the deeds for a long time. MR. PALING-That's not a problem with anything, is it? Fine. Anything else? Okay. MR. NES8ITT-I have nothing further. MR. PALING-Okay. MR. RUEL-I'll make a motion. MOTION TO APPROVE PRELIMINARY STAGE SUBDIVISION NO. 4-1995 CHARLES YOUNG. GLENNA BURNHAM. J. WALLACE TRUST, Introduced by Roger Ruel who moved for its adoption As written, with the condition that the map be scaled one inch to 50 feet, and that a clearing plan, grading and erosion control and drainage report be included. MR. HARLICKER-Mark just made a good point here. If you're going to be voting on the project tonight, for approval or denial, it doesn't really make much sense to have the public hearing open. You can have a public hearing at final. There's nothing that says you can't have it. MR. SCHACHNER-It doesn't make sense. If what we're talking about is the preliminary subdivision application, I think that's what we're talking about, and you're proposing to vote on that, then you shouldn't vote on that until the public hearing is closed. So, if your concern is to, again, address some of these issues at the final stage, if you intend to vote on the preliminary tonight, then the way to accomplish that is by having a public hearing at the final stage, which you're totally allowed to do, but, what I'm saying is, legally, I'm not comfortable with voting on the preliminary when the public hearing has not been closed. MR. PALING-All right, but it will all be accomplished by having another public hearing. The public is always welcome to speak anyway, as has been the practice in the past. We'll close it, though. MR. SCHACHNER-Right, but if you want to have a public hearing at final, you can certainly do that. MR. PALING-All right. MR. RUEL-Don't you have MR. BREWER-No. to renotify, though, if you open again? - 41 - - "':','/ MR. PALING-All right. The public hearing is closed. PUBLÌC HEARING CLOSED MP. PALING-Okay. MP. AUFFREDOU-I just want some clarification on the motion. I'm not sure it was mentioned that the scale will be adjusted simply for the area to be developed. MR. PALING-It wasn't, but should be. 1'1P. RUEL -No, the whole map. MR. PAl_lNG-No, just the area to be developed. MR. OBERMAYER-Just the area to be developed, the smaller lot. MR. RUEL-I'm going to st'art allover again. MOTION TO APPROVESU~DIVISION NO. 4-1995 PRELIMINARY STAGE CHARLES YOUNG. GLENNA BURNHAM. J. WALLACE TRUST, Introduced by Roger Ruel who moved for its adoption, seconded by George Stark: As written in the resolution, with the condition that the map be scaled, one inch to 50 feet, in the area of proposed development, and that the clearing plan, grading and erosion control and drainage reports be included, and at this time, we will grant these waivers, sketch plan review, layout plan, construction details and landscape plan. Duly adopted this 21st day of March, 1995, by the following vote: MR. BREWER-Is there going to be a time for these people to submit this stuff, so our engineer can review it? MR. PALING-The only time, if they can make next meeting, they'll make it, but if not, it'll be the following month, as I understand it. MR. AUFFREDOU-My proposal was, we will do our best to get you the information. If we determine that we can't, I'll call Scott. If we can, and you determine that you don't have the time, you call me and you say, Martin, it's on for the next month. I have to accept that. MR. MACEI-JAN-Simpl y, it 1.>JOuld have to be this Friday by, noon. MR. AUFFREDOU-That's fine. MR. MACEWAN-That's in time to get the packets out and delivered. MR. AUFFREDOU-I'm willing to stipulate to that. MR. PALING-Yes. That's part of Staff requirements, yes. MR. OBERMAYER-I don't see a problem with it. MR. PALING-All right. That's it, then. MR. RUEL-That's it. Waivers were granted, four of them. AYES: Mr. MacEwan, Mr. Stark, Mr. Obermayer, Mr. Ruel, Mr. Paling NOES: Mr. Brewer ABSENT: Mrs. LaBombard SITE PLAN NO. 9-95 TYPE: UNLISTED GARY & VALERIE RANDALL - 42 - '---' -.../ '-'" OWNERS: SAME AS ABOVE ZONE: CR-15 LOCATION: MAIN STREET PROPOSAL IS TO RENOVATE A PORTION OF HOME TO ACCOMMODATE OFFICE WITH SAMPLE DISPLAY AREA. SECTION 179-24 REQUIRES SITE PLAN REVIEW. WARREN CO. PLANNING: 3/8/95 TAX MAP NO. 131-5-26, 27 LOT SIZE: .26 ACRES SECTION: 179-24 D GARY & VALERIE RANDALL, PRESENT STAFF INPUT Notes from Staff, Site Plan No. 9-95, Gary & Valerie Randall, Meeting Date: March 21, 1995 "PROJECT ANALYSIS: Staff has reviewed the project for compliance with Section 179-38A, Section 179-38A, Section 179-388, Section 179-38C and to the relevant factors outlined in Section 179-39 and it was found to be in compliance with the above sections. The project was compared to the following standards found in Section 179-38 E. of the Zoning Code: 1. The location, arrangement, size, design and general site compatibility of buildings, lighting and signs; The use of this property as an office and display center is compatible with the area and the purpose of the CR-15 zoning district. The house will retain its residential look and no new signage or lighting is proposed. Any signage will be subject to a separate permit. 2. The adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls; Access to the site will be via an existing driveway which will access the garage. A new access is proposed for the parking area on the east side of the house. The access should be a clearly defined entrance. The applicant has stated that he may extend his parking area to the neighboring parking area, this would give customers of the battery shop room to turn around so that they would not have to back out on to Main Street. 3. The location, arrangement, appearance and sufficiency of off-street parking and loading; The applicant is proposing six parking spaces. Three will be in the east parking area for customers and three by the garage for employees. The parking should be sufficient. 4. The adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience; Pedestrian access is adequate. 5. The adequacy of stormwater drainage facilities; Stormwater will sheet flow to the back of the lot. 6. The adequacy of water supply and sewage disposal facilities; The existing on site septic system will be utilized and the property is serviced by municipal water. 7. The adequacy, type and arrangement of trees, shrubs and other suitable plantings, landscaping and screening constituting a visual and/or noise buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation and maintenance including replacement of dead plants; The applicant indicates that shrubs will be planted along the front of the building; he should also include some street trees along Main Street. The applicant indicated that the existing hedge will be removed and replaced with an evergreen hedge. The hedge should be high enough to screen the parking area from the road. 8. The adequacy of fire lanes and other emergency zones and the provision of fire hydrants; Emergency access appears to be adequate. 9. The adequacy and impact of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion. There does not appear to be problems relating to ponding, flooding or erosion." MR. HARLICKER-Warren County, Site modify, it was approved, and there's consideration. P la n Re'y" iew to a resolution also renovate, for your MR. PALING-Okay. I visited the site today, and I had, I guess, two questions. One was access. The right hand side where the garage is seems to be quite limited, and you said you're going to park three vehicles there? - 43 - ,~' ~- MR. RANDALL-Access trJe ~..¡ould like to have on the left hand side. I'm Gary Randall, my wife, Valerie Randall. MR. PALING-On the right hand side where rear, that you wouldn't intend as any access? the garage is, to the kind of access, public MR. RANDALL-We'd thought possibly or less private, would be safe for like to (lost word), if possible. for UPS delivery. I would say it because it is such a narrow, I public access. Originally, w would be more don't think it MR. MACEWAN-Is there going to be access on both sides of the house, is that what you're saying? MR. RANDALL-There's an existing driveway. MR. MACEWAN-Right, the dr i \/eway with the garage in the back. MR. RANDALL --Right. MR. MACEWAN-And you're also asking for another access that would be to the east side of it? MR. RANDALL-We'd making a parking area on the east side. MR. MACEWAN-Would you be able to get to and from the street from that side? Is that what you're suggesting? MR. RANDALL-Yes. Adjacent to the Battery, I haven't talked to them, this is pending final approval of this. I haven't spoken to them, but I was going to suggest to them if they would like to join, it appears they (lost word) another three or four feet to our property line, see if they would be interested in. MR. MACEWAN-Making a common drive, a common access? MR. RANDALL-Right. around in. They have that road (lost word). There's is quite narrow and hard a lot of their customers backing to turn out. 0 nto MR. PALING-Yes. When I drove in there today, I nearly had to back onto the road again to get out of there, and how much of your land is going to be available for access when you finish, because there wasn't much available today. How many feet from the side of your building to your property line? MR. RANDALL-On the east side? MR. PALING--Yes. MR. RANDALL-I have 37 feet from the building to my property line. MR. PALING-Thirty-seven feet. That's tight. There would be no buffer there. MR. BREWER-So what, essentially, you're asking for is another curb cut? MR. RANDALL-There is no curb there. MR. MACEWAN-Well, a curb cut just means another ingress/egress access. MR. RANDALL-Yes. A main entrance here with an in and an out, side by side, in and out. MR. MACEWAN-I don't think that's allowable, is it? We don't have enough footage. - 44 - --- '\...,/ -' MR. BREWER-Facing the building, you want to bring your cars in on the left? MR. RANDALL-On the left, yes, customers, yes. MR. OBERMAYER-Okay, and then on the right, the paved driveway, that's just? MR. RANDALL-It's existing. (lost word). We'd probably use it for our own MR. BREWER-So really, then, he's asking for another curb cut. MR. HARLICKER-Yes. Staff would like to see you get a combined, if you get together with that Battery Shop and have one parking area for the two businesses there, have a shared parking area with one access to that parking area. I think that would be the best. That way the Battery people have room to turn around and you've got one curb cut and MR. OBERMAYER-Yes. There's really no curbs there at all. MR. HARLICKER-There's no curb, an access point. MR. BREWER-I was under the assumption that the paved driveway would be the access to the building. Maybe that's the way I read the plan. MR. RANDALL-No. The paved driveway is probably maybe eight foot wide, and I don't really think that it would be advisable for the public to be using it, to make that turn around the building. MR. BREWER-I think what may happen is if we get customers, or whatever, maybe not, they may try to use that. MR. MACEWAN-What is the business going to be used for? MR. PALING-It's very foreboding looking. entice anybody to use it, I think. It's too narrow to MR. MACEWAN-What's your business going to be used for? MR. RANDALL-Promotional and specialty advertising. MR. MACEWAN-Do you expect you'll have a high traffic flow? MR. RANDALL-No. I would say maybe two cars at a time. There may be a time where it will be sitting there for four hours without a car in it, and at one time you might have six. MR. PALING-Would you have any trouble with a conditional approval, the condition being that you would work out a deal with your next door neighbor to make this a common drive with common access to both businesses? MR. RANDALL-How are you suggesting I do that? MR. PALING-To go over and talk to him. MR. RANDALL-I understand that. common? In what manner, making it a MR. BREWER-So you both use the same driveway. MR. OBERMAYER-So you have one driveway, one access point. not all open. So you kind of limit where your. It's MR. MACEWAN-I think the better idea is for him to talk to that neighbor first and find out what's going to happen, if he's even willing to do it, before we give any kind of approval. - 45 - MR. PALING-Well, that's what I'm saying. I think the best way would be if it was a common drive, allowing easier turn around for both the Battery guy'S customers and yours, too, but if yoU can't work that out, where you share it, then I don't know, we've got a different kind of a problem, but it would be best if you could. MR. RANDALL-Okay. The only input I've got from my neighbor is, the first time he said he didn't want any of our construction trucks driving over on his property because the salesmen came in and cut across the lawn onto their parking spot, and he asked us not, to. MR. PALING-Well, this would have nothing to do with construction trucks. MR. RANDALL-Well, he didn't want any vehicles driving onto his property. So we got a bad feeling the first time, but then last week, the younger, I believe it's the owner's son, came over, with the letter from the Town of Queensbury saying that he had called up here and gave his approval, because he felt somebody would complain, and he wanted us to know that it wasn't him. MR. BREWER-I guess what we're saying is, can yoU kind of a, rather than just showing us this arrows, showing us some kind of a drawing effect. work out some here, with the MR. RANDALL-The arrows were to show the grade of the. MR. OBERMAYER-Of the pitch of the pavement back to the. MR. BREWER-That's foot driveway, or maybe next week driveway, and the from Main Street? why I assumed you were going to use this eight whatever it is. Could you show us on a plan, if you come back, that distinguishes your circulation as to where they're going to go MR. RANDALL-Originally what I wanted to do was, where arrows are, where it says 38 Main, there, I wanted that to in and out portion, and that all be paved area, cars come park the other way, but I was informed that. those be the in and MR. OBERMAYER-Yes, perpendicular to the building. Right? MR. RANDALL-Right, because I feel, okay, that's originally what I wanted to do, and that's how I showed it, and then I was informed that I need 40 feet in order to do that, and I only have 37. So if tr'le par king was diagr ammedthis IrJay. MR. MACEWAN-What is the requirement for parking spaces for this, three? MR. HARLICKER-Six. MR. MACEWAN-He needs six. He doesn't show six, though. MR. BREWER-Yes, he does. MR. OBERMAYER-One, two, three, four, five, six. MR. HARLICKER-Well, he's got the three on the side, the garage, one behind the garage, and then another one behind the house. MR. MACEWAN-Okay. MR. BREWER-I don't mean to keep changing on you, but is, you show one, two, three, is that where it drops off in the back? MR. RANDALL-Beyond the house. - 46 - '- ''"--'' -....../ MR. BREWER-So you have enough room, if the car were to go beyond that line, he wouldn't just go off the edge, right? MR. RANDALL--I will need, it slopes down, and there's like a small (lost word) wall there, and it slopes down there. I would probably need, I'm going to need fill anyway to level that, and I'll probably fill out further and landscape it that way. It wouldn't just be a cliff. MR. BREWER-Right. Well, I saw the retaining wall. asked that. That's why I MR. RANDALL-Right. MR. BREWER-I think for me, if he could show us a driveway that works, why does he have to have a two lane? There's plenty of businesses around here that have one lane in and out. MR. OBERMAYER-Yes. Why does it have to be a 20 foot access lane? MR. HARLICKER-The zoning code requires it, a 20 foot access aisle fOì- paì-king. MR. MACEWAN-Isn't there something in the Ordinance, too, about distance between driveways? There's a requirement for that I'm pretty sure. MR. HARLICKER-That's why I was looking for the shared access, because you ran into the problem, the same thing with McDonald's, 150 feet. MR. OBERMAYER-These lots aren't even that wide. MR. BREWER--It would be !!!Z guess if you close that eight driveway off, and just moved your entrance and exit onto side, and made it, can we waive the 40 foot thing, Mark? foot this MR. SCHACHNER-Not if it's part of the zoning law, no. MR. HARLICKER-Zoning code. No. MR. SCHACHNER-That's an access thing, but the separation on driveways, if I'm understanding the situation, we have existing lots with existing driveways such as they are. I mean, they're not that clearly defined, if I'm understanding it. So I'm not troubled by that, but the 40 foot access aisle requirement, that's part of the zoning law. So we don't have the ability to waive that. MR. BREWER-You mean if he was to put a business in there right now, he has to have 40 foot wide to? MR. SCHACHNER-Well, what's the situation? MR. HARLICKER-Twenty feet for parking and then a twenty foot access way. MR. OBERMAYER-Unless he gets a variance. MR. BREWER-He's not going to park there, though, in the driveway, so to speak. He's going to drive back to a lot and have six spaces, and allow for turnaround room in the back, and let the customers come out the same way they came in, as though it was an existing driveway. MR. HARLICKER-Okay, but what happens when, you need to have room for two cars to pass. I don't think it's safe to have one car waiting there to pullout and another car waiting in the street, waiting for this guy to pullout before he can pull in. - 47 - ~ MR. BREWER-All right. Then take this scenario. Suppose he didn't offer us this here. he had that existing, eight foot wide. Could we stop him? MR. SCHACHNER-No. The existing stuff, he's okay. MR. BREWER-So what's the difference, if he just moves it over to the other side and makes it 12 foot or 15 foot wide? MR. HARLICKER-Well, if you're going to make him move it over, you might as well make it safe. i"1R. SCHACHNER-Well, not onl y that, but once it's a new access, as opposed to the existing access, it is supposed to comply with Code, or get a variance, as somebody said. MR. OBERMAYER-Yes. I said, why can't you get a, if he needs to, then he can get a variance. MR. BREWER-Yes, but if he got, I'm just trying to think of an easy way for him to do it. MR. RANDALL-I think the problem is going to be, people park wherever they want anyway, just like they do at Cool Beans. Nobody parks in those little spots. Everybody parks the other ~"'ay . MR. BREWER-If he was to gain 20 foot of his property, and the other property, would that be allowed? If he was to give us 20 feet of his property, or whatever the number might be, and he got common access from the next door neighbor, does it still have to be 40 feet? We can't require the neighbor to give us 20 feet. Can we? MR. MACEWAN-No. He needs to go back and see his neighbor and see if he can't work out some sort of accommodation with him. That's the first thing. MR. HARLICKER-I mean, I think it would be to your neighbor's benefit. MR. MACEWAN-I mean, the second thing, if it can't be worked out, then he would probably have to approach the ZSA about getting a variance so that he can make a llitl::!. driveway, because the old one's not going to work. MR. HARLICKER-Well, the alternative, like Tim said, is to move that eight foot driveway, close that one down, have your entrance on the east side of the house. MR. MACEWAN-But even then he doesn't have enough room to do it, if he doesn't get the neighbor's approval to join forces. He doesn't have the setback requirement, right? MR. RANDALL-I understand I only need the 40 foot if I were to park the other way. MR. MACEWAN-No, because if you abandon your existing driveway, the new driveway that you'd build on the other side of the house has to be the Code. The Code would not allow you to have enough parking spaces, with the area that you have now, without a variance. Is that right? MR. RANDALL-Why do I need to abandon the existing driveway? Why can't I use that for private? MR. MACEWAN-Because another Code says you can't have any driveways within 140 feet of each other. MR. OBERMAYER-Yes, but that's crazy, though, when you have a 75 - 48 - -- -..../ - -......./ foot lot. MR. MACEWAN-But one driveway's existing. be. One driveway wouldn't MR. OBERMAYER-That means every other house can have a driveway. MR. MACEWAN-Well, that's the problem that you have when you have an area that was residential 50 years ago, that's gone commeì"cial. MR. OBERMAYER-You're absolutely right. MR. RANDALL-The east side is a separate lot. Does that come into effect? MR. PALING-The east side is a separate lot? MR. RANDALL-It's a 25 by 150 lot. MR. PALING-It is? MR. OBERMAYER-This is a 25 foot lot right here? MR. RANDALL-Yes, it is. MR. HARLICKER-So what you've got is two lots. MR. MACEWAN-Let me ask this question. Do you own the parcel? MR. RANDALL-I own both as one. MR. MACEWAN-Now it's one parcel then? MR. RANDALL-They were sold together and I bought them together. MR. MACEWAN-And are they deeded, still, as two separate parcels, or are they now currently deeded and filed as one parcel? MR. 08ERMAYER-You have two lots? You have two tax rolls? MR. RANDALL-Yes, I have. MR. OBERMAYER-You get two tax bills for it? MR. RANDALL-It's one bill, but it's stated separately. It says the assessed value of the empty lot and the assessed value of the property. It's listed here. It says tax map no. 26 and 27. MR. PALING-We've got two lots here. MR. OBERMAYER-Well, then he has every right to access the second lot. MR. STARK-If you have a lot that's 25 foot wide, how can you have a 40 foot? MR. MACEWAN-You still can't, setback requirements on it, scenar io. because you still have to have which probably even worsens the MR. RANDALL-The other half of that lot, the Battery Shack owns it, and that's their part. MR. MACEWAN-The other half of it? MR. RANDALL-Apparently, we have 50 that we're on. The Battery Shack has 50 their on. There was 50 in between, and that was divided, and the Battery Shack, their 25 is the parking lot. - 49 - ',-, ,--'" MR. PALING-Are you telling me that the 25 foot lot is the one that's next to the Battery guy? MR. BREWER-Fifty foot. MR. RANDALL-There's a 50 foot lot between us that was divided. MR. PALING-Yes, and you got 25 and they got 25. MR. RANDALL-Yes. MR. PALING-So you're telling me the 25 foot lot 50 foot lot is on the right, where the house. the 50 foot lot. is here, and the The house is on MR. RANDALL-The house is on the 50 foot lot. MR. PALING-So this is a 25 foot lot here. This is 25, and this is 50. MR. RANDALL-From the handicapped ramp, I believe, from the side of the house is probably 37 feet to the property line. MR. PALING-Across the other lot. MR. BREWER-Why don't we recommend that he go back and talk to his neighbors and see if we can get an easy solution out of this? MR. MACEWAN-I think that's the wisest thing to do, first. That's the easy way out. If your neighbor's willing to agree with you to have a common shared driveway for your parking area, that solves all your problems. MR. RANDALL-Where would that common entrance be? MR. MACEWAN-Probably right on the property line would be the most common occurrence where people put them. ~1R . RANDALL --He already has his. His is paved across. MR. BREWER-To your property line? MR. RANDALL-Probably within three or four feet. MR. BREWER-So then you just add on to his entrance, is all you do. ~1R. PALING-You pave up, match, and butt up agai nst his pavement. MR. BREWER-Match up against his pavement, and then that creates a common driveway, and then he's safe, correct? MR. HARLICKER-Yes. MR. OBERMAYER-You have 10 foot on each side. have 10. He has 10. You MR. MACEWAN-What about setback requirements? requirements don't apply for driveways? Setback MR. BREWER-That's preexisting. MR. MACEWAN-No. No, that's not preexisting. MR. BREWER-This driveway over here is, Craig. MR. MACEWAN-Not for his parking that he's putting in for his customers over there at the Battery Shack. That wasn't preexisting. That's what he's referring to, where he said that he paved up to within three feet of the property line. That's - 50 - ~' ----. --- ---./ where the Battery Shack paved a parking area for their customers. Right? MR. PALING--Yes. MR. RANDALL-Correct. MR. MACEWAN-That is not a preexisting. He's within three feet of the property line. My question is, how did he get away with it wi thout . MR. HARLICKER-We don't have a setback requirement for parking on that small a lot. On lots of 150 cars or more, there's a five foot buffer zone on the parking area. For lots smaller than that. MR. MACEWAN-So are we in agreement that the best solution that he should do is talk to his neighbor, see about having a common drive serve the two parcels and him pave up, butt up to that other parking lot? MR. OBERMAYER-Yes, 10 foot each side. MR. RANDALL-Our concern is on having, they already have a fairly wide entrance, and I saw somebody turn around there today. Our concerns on that would be people using that as a turn around area, . MR. PALING-They would. MR. RANDALL-That's why we'd like to leave their small entrance portion alone and put our own there. MR. MACEWAN-You can't. Currently, you can't. enough area to work with to do that. You don't have MR. RANDALL-How much area do I need there? MR. MACEWAN-More than you've got. MR. BREWER-If you could come up, on this line here. If you were to pave right here, on your lot, butt up against his, then you create his parking area, to get into yours. You'd leave that alone as it is. Okay. Then you come in here and you create your parking and place you want. You can do it like that if you want to. Then your customers, well, I don't know how you can, maybe you can design it and have them park this way. I don't care. Whatever way you feel comfortable. Have them park here. MR. RANDALL-Well that's, originally, what I wanted. I understood that I needed 40 feet. MR. BREWER-You don't have 40 feet. How can they make you have 40 feet if you don't have it? MR. RANDALL-Right. That's why they had me park this way. That's how I'd like to park, or perhaps diagonally. MR. PALING--Well, diagonally would mean that they'd back out, then have to come around. MR. BREWER-Do it this way. Can we do this, Mark? If he had a common driveway, could he come in this way, right here, with the common driveway, and park up against the building? MR. OBERMAYER-That's the only way it makes sense. shows it right now doesn't make any sense. The way he MR. RUEL-You need 40 feet. You only have 37. - 51 - MR. HARLICKER-You need a 20 foot access aisle to access parking spaces. MR. BREWER-Okay. So if he neighbor, and has a common There's his 20 feet. borrowed 10, so to speak, from driveway and comes out 10 feet his here. MR. RANDALL-Scott, didn't I only need the 40 feet if I were to park this way? MR. HARLICKER-In order to get to the parking spaces, you need to have a 20 foot wide drive lane. MR. RANDALL-Okay. I have that the way it is set up now. MR. HARLICKER-Right. MR. PALING-But how deep is the parking space, then? to add the two. You've got MR. HARLICKER-Nine by twenty is a parking space. MR. PALING-Twenty and twenty are forty. MR. OBERMAYER-It's two issues that you're dealing with. One is access off of the road, that you don't have that. We don't want to give you another access. We'd rather have a shared access and the other one is the 20 foot road, really, internally, so that you have, can park. Is that true? MR. HARLICKER-Yes. MR. BREWER-So two cars can pass each other. MR. OBERMAYER-So that's not going three cars. It's both sides. So practically. two cars can pass, even though, realistically, to happen. I mean, really, he's talking about not like you're going to have moving traffic on maybe we ought to think this a little more MR. HARLICKER-Unless he gets a variance, he needs to have the 20 foot aisle to service these parking spaces. MR. MACEWAN-That's why we have a book. MR. BREWER-There's a way out of it. How wide is it from here to your property line, from your building to your property line? MR. RANDALL-On the right hand side? Maybe 10 feet. MR. PALING-Well, lets see. That's the building. It's a little over that, probably about 11 feet, is what it scales to, anyway. MR. BREWER-The easiest way out of it is use that for your entrance and let them come back here, park and turn around. Then there's nothing anybody can make you do but use that. MR. PALING-You mean use it as a one way, make this a one way street? MR. BREWER-No. That's preexisting. There's nothing we can do about it. That's all he's got. If he uses that for his entrance to his business, let him come back here, park and come back out the same way they came in, I mean, then it's done. MR. PALING-Okay, but cars will then. MR. BREWER-How long is the driveway? The driveway's not, what? MR. MACEWAN-The driveway's quite long. - 52 - -- '--" --" MR. PALING-It's long. It's 60 feet anyway. MR. HARLICKER-To the back of the house, it's 70 feet, 70 plus feet. MR. OBERMAYER-Why couldn't he have one way, come in one side and go out the other one, share the other driveway? MR. BREWER-Because then you're making him a 175, 200 foot driveway. MR. HARLICKER-It's 14 feet from the house to the property line. MR. MACEWAN-I think, in all rationale, I drive that road every day. It's difficult enough with cars coming in and out of driveways, all up and down that stretch of the road. I think it would be well advised that we make a plan that's going to work and it's going to be beneficial and it's going to be safe. MR. BREWER-Well, he's telling us we can't do it with the 20 foot because he only has 37 feet between lines. MR. OBERMAYER-Unless he gets a variance. MR. SCHACHNER-A pretty good case for a variance. MR. OBERMAYER-I mean, if you get a variance, then you can have it. MR. PALING-If you brought one way traffic in from the street, in your driveway to the garage, and went around behind your building and parked diagonally to the building, heading out to the street again, it would seem to be the easiest access, if you could get a three foot variance then, I think you could do it. MR. RANDALL-I feel that existing driveway's too narrow. I could see a traffic problem. MR. PALING-Well then I think you better go talk to your neighbor. MR. RANDALL-I understand what you're saying, and I appreciate what you're saying. I don't like the idea. MR. BREWER-Well, then you're going to have to talk to your neighbor and see if yOU can work out a common driveway situation. MR. RANDALL-Okay. Explain to me what I'm missing for having an ent,ranee. MR. HARLICKER-Right in here? MR. RANDALL-"(es. MR. HARLICKER-New entrances have to be, I'll show it says it, right here. It says, access points feet from the, separation distance, when you driveway. You can't do that on here. There's meet that. you right where have to be 150 put in a new no way you can MR. RANDALL-Okay. MR. HARLICKER-One way that we're thinking to get around that would be to relocate, have the existing paved driveway, essentially close that down, move that over to this parking area, and then have a. MR. RANDALL-With the entrance being on the east side, I feel that anybody would look at that existing driveway entrance. don't as an - 53 - '- MR. MACEWAN-I think another thing to consider here, down the pike, not too distance future, I believe, in 1996, that entire road, from the Northway all the way down to the City line, is going to be revamped and it's becoming a three lane road, which is further going to cut into the amount of property you have off ~1ain Street. MR. RANDALL-I have looked into that. The engineering's supposed to start in '96. It's proposed for '99, if they've still got money left to do it. It's to my understanding they're going to take the opposite side of the street, the sidewalk side. Our side doesn't have a sidewalk. The other side (lost word). MR. MACEWAN-The information that we had received was they were swi ng to take equal portions on both sides. MR. BREWER-Who knows, in 1999? MR. MACEWAN-But, you know, that's something that's on the books that we have to consider, too, the probability that that would probably happen. MR. PALING-I don't think we're moving any further does get an agreement with his neighbor, then he's up against the neighbors driveway, pave up against going to have any reason to turn him down, or is he able to go ahead with it? ahead. If he going to butt it. Ar e IrJE" going to be MR. OBERMAYER-Is he going to still need a variance? MR. HARLICKER-For what? MR. OBERMAYER-For the 20 foot strip? MR. BREWER-No. He can do He's just got to get in area. the 20 foot strip. He's got 37 feet. there with his neighbor on his parking MR. PALING-Now that's okay if he does it, and comes back to us, then he's okay, right? MR. HARLICKER-Having the parking like it is and just coming in fr"om? MR. PALING-Yes, coming in on building, and we would assume against his neighbor's paving. his, the left hand side he would pave, or somehow of his butt up MR. HARLICKER-Right. MR. PALING-And they would both use the lot to entrance and exit, and park up against their respective buildings, and he can get an approval, because every other way we've tried just isn't working. MR. PALING-So I don't think we really need carry that what we're saying is you've got to go work with your neighbor, or you may be stuck. it any further, something out MR. RANDALL-Okay. How far from my east property line back can 1 pave from the road? You're saying you could come in on one person's property and exit on the other person's property. MR. PALING-Well, you'll both be e:dting on the, you'll both be using the other person's property, at least to turn around. MR. RANDALL-Okay. MR. PALING-And you would want the paving to butt, so there would be no spacing between. - 54 - '--' ~ ',,-- -..-" MR. RANDALL-Okay. What I'm asking is. MR. MACEWAN-He's paved within three feet of his property line. You need to pave up to your property line and ask him if it's okay if you pave his three feet for him. MR. RANDALL-Okay. That would be right here. So I'd just pave to here. Okay. Now he has, this is like his empty lot, that's all paved, and then it's paved in front of his building. So he has a lot of pavement. The whole front portion of his property is paved. What I'm asking, okay, I want to pave over, this is paved to here. MR. PALING-You want to pave over to there. MR. RANDALL-Okay. How far this way? MR. PALING-How close to the street, are you asking? MR. BREWER-It doesn't necessarily have to be paved. It could be stone. Can't it? MR. PALING-Yes. It doesn't have to be paved. MR. RANDALL-Can I do this is, I guess, what I'm asking? MR. BREWER-Twenty feet. MR. RANDALL-From my property line, I can go twenty feet, and then come in, and then pave over to the building and leave all this screened? MR. OBERMAYER-Yes. I think that's good. MR. PALING-But you've got to get your neighbor to agree to it, because we don't require you to pave. MR. RANDALL-This is something I want to do. MR. PALING-Fine. MR. RANDALL-Okay. okay, I pave this t.his way. So he says, it's not a big deal if he says three feet for him, and then I go twenty feet MR. BREWER-Well, lets make sure we tell him what he's got to do before he comes back and makes all these plans. MR. RANDALL-I don't want to rely solely on his property for in and out of mine. MR. OBERMAYER-See, he's not using his neighbor's property at all right now. MR. BREWER-What he wants to do is come over here 20 feet, go up, and park in here. MR. PALING-Well, he wants to pave from where the neighbor left off here, which is three feet to his property line, then go another 20 feet. MR. BREWER-Seventeen feet, or whatever, twenty feet. MR. PALING-And then back. MR. OBERMAYER-But then they're not sharing any of the access. MR. RANDALL-Well, if I had a car coming in. MR. PALING-Why don't you pave the whole thing? - 55 - ""'--- MR. RANDALL-That's what I want to do. MR. PALING-Well, go ahead. like you to do, is from. That's what we're telling you we'd MR. BREWER-You've got to know if he can, though, Bob. Can he do that section, Scott? Can he do that ten foot section, or twenty foot section, so he can get into his business? MR. HARLICKER-You're saying have the driveway to here, this heì"e will be green, that'll be green, that'll be green. You'll have your shrubs going across the front there. You'll have access goi ng, inhere. MR. RANDALL-I had twenty feet of my own, but if there were a car coming in or out here, he'd be able to get by here. MR. BREWER-Pass each other. MR. HARLICKER-Why not just, if you're going over to his property line, why not just do ten feet, and then you'd have ten feet over there. Why do you need to have, you know, you've got twenty. MR. RANDALL-I asked how much I could have, and somebody mentioned twenty, and I'd like to get all I can. MR. HARLICKER-Twenty feet total. MR. RANDALL-Because I don't want to rely, when it comes to snow removal, or what not, I don't want to rely on my neighbors property, or if he sold his and somebody else came along, or if anything, I don't want to have to rely too much on my neighbor. I'm more than happy to pave up to his lot, versus leaving a strip of green looking sidewalk down the middle, ,and I'd be glad to do it for him, but I just don't want to have to rely. MR. OBERMAYER-What you're asking for is another access point, really, that's the bottom line. MR. BREWER-But he's tying it in to his neighbor's. MR. OBERMAYER-But he's blending into his neighbor's. MR. RANDALL-I don't have enough of my own, so it would be butting against his. So if there were a car in and out at the same time, the lots would be connected. MR. MACEWAN-By only using 10 feet of your property. MR. BREWER-No. He's going to use more than 10 feet. MR. OBERMAYER-He's going to use 20. MR. MACEWAN-As an access off the main highway? MR. BREWER-Via his neighbor's driveway. MR. STARK-Ten of his and ten of the neighbor's. MR. BREWER-Right. Lets try that, see if the 10 and 10 agree. If you can get an agreement with him that 10, that you're allowed to use for your customers, if you're allowed to use 10 foot of his driveway, or whatever, and you add 10 to it, that gives you the 20. See if you can get an agreement with him like that. MR. RANDALL-I guess my question is, what if he says? MR. BREWER-If he says no, then probably the best route for you to go is get a variance. - 56 - '-- -- " -- ~- MR. OBERMAYER-Right, to get a variance. MR. PALING-From the Zoning Board. MR. RANDALL-Okay. MR. OBERMAYER-I think that's the best way to go anyway, really, to minimize your headaches down the road. MR. PALING-Thirty-seven, you're asking for three feet. MR. RANDALL-Okay. I have 37 feet from here. What I wanted to do is have a 20 foot entrance, come in like this, and then pave to the building, then like this. It could just be 20 foot over to here, as somebody mentioned, and leave this all green. MR. BREWER-No. We'd prefer it to come only over here 10, and 10 of his. MR. RANDALL-Okay. MR. BREWER-That's the best scenario. MR. RANDALL-That's my Number One priority. MR. MACEWAN-If he should say no, then your next recourse is to go to the ZBA and ask for that variance, and we would be more than happy to send copies of tonight's minutes to the ZBA, to bolster your case. MR. RANDALL-Okay. MR. BREWER-All right. One other concern that I had, Scott, is the parking space number four over the top of the septic? MR. HARLICKER-Well, the septic is out back. MR. BREWER-The pipe goes underneath the parking lot, though, right? MR. HARLICKER-Right. MR. BREWER-It's not a good idea. MR. RANDALL-The existing septic comes out. MR. BREWER-Out of the back of the house, and you're parking over the top of it. MR. RANDALL-It comes out the side. It already goes under the driveway. The line comes out of the house right here. MR. BREWER-How come it's shown here? MR. RANDALL-No. All that showed was the distance from the house. MR. BREWER-All right. Okay. So where does the line go? MR. RANDALL-Apparently, it comes out like this. It was in, when we purchased the property, that was one of the requirements, was for them to show us the location of the septic tank. MR. BREWER-Can I ask a request, please? When you could you give us another map showing your driveway us where the line is for the septic? come back, and showing MR. RANDALL-I don't know where the line is for the septic. MR. BREWER-Or move this parking space away from the line, if it, in fact, might be there. - 57 - MR. RANDALL-The line, it's existing. it's moved. It goes out here, okay, MR. BREWER-All right. Just erase the line. MR. PALING-All right, then, I think with the applicant's permission we'll table this, I guess would be the right thing to do, until March 28th. MR. SCHACHNER-Do we have the applicant's consent on that? MR. PALING-That's what I'm asking for. consent, we'll table it to March 28th. With the applicant's MR. OBERMAYER-Which is next Tuesday. MR. PALING-Which is a week from tonight. MR. RANDALL-And until then, I would be going to my neighbor for his consent, and I will know next week. MR. PALING-And then you know if that doesn't work, let us know. MR. OBERMAYER-If that doesn't work, you need to pursue and get a variance. MR. RANDALL-What I want to know is can I have my building permit for that? MR. OBERMAYER-No. MR. BREWER-We don't issue building permits. MR. OBERMAYER-Yes, we don't issue building permits. MR. MACEWAN-Well, that's a question I've got. brought it up. I'm glad )/ou MR. RANDALL-I've been waiting two months. verbal okays to do structural and framing. They've given me MR. MACEWAN-Who's "they"? MR. RANDALL-Building Inspectors, Building and Codes. MR. MACEWAN-Well, when I went and I have a notice of all the construction going on, and I saw that it was on our agenda this month under site plan review. I asked how could all this construction be going on without site plan approval, and I was told by the Building and Codes Department that it didn't need to be done because it was a pending site plan approval. A building permit didn't have to be issued, and I didn't understand that at all. MR. HARLICKER-I'm not going to wade into that one. MR. SCHACHNER-Me, neither. MR. MACEWAN-I didn't understand that at all. MR. RANDALL-They told me I could do structural and framing, and I called up to see if I could do the roof, which was okay. Like I say, it was just unfortunate timing. I came up here January 23rd to plot planning. That was the day I found out about all my requirements, because I was very mislead by the realtors on what you can do with what you buy. I thought, you buy it. You own it. You can do what you want with it, and that's far from the truth. I came up on January 23rd, and on that day I learned that I had to be in by January the 24th, which was the next day, to make the February meeting, and that was absolutely impossible to - 58 - ',,-- '- ....,. --- have a site plan, plot plan by then. Thus, I had to have it in February 21st to make this meeting. So I'd owned the place for over two months without having a building permit. MR. MACEWAN-Who told you, from Building and Codes, that it was okay to do the interior modifications and framing? MR. RANDALL-They told me I could do structural. MR. MACEWAN-Who's "they"? MR. RANDALL-I spoke to, the first person I spoke to, I spoke to all of, Jim Martin said, it's your house, you can do what you want. You can't open for business until you're approved. When I went up to clarify on it, I spoke to Dave, and I spoke to him again today. I've probably been there at least six or seven times, spoke to Scott two or three times. I've owned it for two months. I need to do something. I can't afford to just sit on it, and apparently Dave had spoken to Jim again to clarify what I can and can't do, and they said that I can do the framing. MR. PALING-We'll do everything that we can to accelerate it, but we've got to, there's certain things we have to abide by, too. MR. RANDALL-Okay. So it's to my understanding what ~ need to do is contact my neighbor, and if that, and what I'm looking for, is to do, from my boundary to his parking lot, and then from my boundary 10 feet into my lot, back to, say, the corner of the house, and then pave over to the house, and leave that front area all green, which I will provide the diagram for that. MR. MACEWAN-Should you be in agreement with your neighbor for this common drive idea, bring it in writing, please, his approval or his consent in writing. MR. BREWER-And get rid of that line on the back of the house. MR. RANDALL-That septic line? MR. PALING-The septic line, if it doesn't exist. MR. RANDALL-That line that we scribbled over it, all that was was showing the dimension of, the location, not (lost word). MR. BREWER-Understood. MR. PALING-Okay. We have a comment from the public. MIKE O'CONNOR MR. O'CONNOR-Just in case I get behind this application next month, or next meeting, is t.hat all you're going to require? You're sending him out, t.elling him to get something signed by his neighbor like it's a simple thing. Is that all you're going to require to incorporate that neighbor's land into this site plan review? I think you're bet.t.er off approving it. on the basis that he get a variance, tell him to get a variance, approve it. tonight subject to the condition of the variance being granted, get it over wit.h. That might be the fastest way he does it.. He certainly has other options. MR. OBERMAYER-I agree. I mean, down t.he road, then you have, you know, you're not int.o any obligations wit.h neighbor or anything like that. don't your MR. RANDALL-I don't. like being dependent or reliant upon somebody else. MR. OBERMAYER-Get a variance. - 59 - ./ MR. PALING-Then you realize the process you've got to go through, now, to get a variance? MR. RANDALL-No, I don't. MR. BREWER-You've got to apply next Wednesday to be on for April, the end of April. MR. HARLICKER-It would tack on an extra month. MR. RANDALL-Could I be approved contingent to this? MR. BREWER-But then you still don't have an approval, because you have to get a variance. By the way, that was an attorney speaking behind you. I'd get the agreement. MR. PALING-Take your choice. Which do want to go for the variance route, or ,¡'our neighbor? you want to do? 00 you do you want to go talk to MR. MACEWAN-Because even if you got some sort of approval from your neighbor, I'm sure you'd have to have some sort of deed language that says you guys have common access. MR. OBERMAYER-Yes, which really complicates it. MR. SCHACHNER-I don't understand why he has to pick now. I mean, it's an either or for the applicant. I don't understand why, I mean, it's up to you all, but I don't understand why you might be trying to force the applicant to pick one avenue or the other. MR. PALING-So we're trying to accelerate the process, is the only reason I know. I'll back off that, but what are you suggesting? MR. SCHACHNER-Either way, as somebody just said, there's not going to be anything you can approve tonight, it doesn't sound like, either way. MR. PALING-No. We can't approve anything tonight. MR. BREWER-We can approve it contingent on. MR. PALING-On the variance. MR. HARLICKER-No. MR.OBERMAYER-No. I don't think IrJe can do that. MR. SCHACHNER-Yes. That's certainly not this Board's practice. MR. OBERMAYER-No. variance. We can't approve it contingent on the MR. BREWER-The easiest way to do it is, whether you like it or you don't, you have a driveway, use it, and then if you can work the problem out with the driveway in the future, come back and do that. I mean, you said to us you're going to have one car, two cars, maybe three cars. If you want to get on with it, use the driveway you've got, and then you can putz around with the variance on the other side. Then you're in business. You can go tomorrow and do what you've got to do. MR. MACEWAN-That's complicating the whole thing. I mean, if you're suggesting that to him, I"m telling you right now, I won't vote for it, because I don't think his current driveway's safe. MR. BREWER-If he says to us right now, there's my house. I've got an access point, it's preexisting, can I open my business, I mean, it's not the best thing in the world, but it's existing. He can utilize it. He's going to be a month or whatever building the building. He can fool around with the variance and get on - 60 - "--' - ',,- '- -' his way. MR. MACEWAN-I wouldn't lend ~vote of approval to it, because I don't think the driveway is a safe manner. MR. STARK-He's not going to be open for a month anyway, though. It allows him to go on right now, because nobody's going to be there for a month, so he has time. MR. BREWER-But he hasn't got a building permit to do anything. MR. RANDALL-Right, that's my main concern. MR. STARK-I'm all for that, Tim, okay. He's not going to open for a month, anyway. He'll have time to get a variance, then, to go the other way. Nobody's going to be ever using that driveway anyway, but he'll have his building permit and everything. MR. BREWER-Exactly. MR. OBERMAYER-I like that idea, Tim. MR. STARK-That's a good idea, Tim. MR. BREWER-I mean, it's a damned if you do, damned if you don't. MR. OBERMAYER-What we'll do it probably limit your access to just that driveway until you get a variance, though, just to be on the safe side. MR. RANDALL-Yes, well, everybody's been driving allover the front of that, as is. I think I would like to do what Tim said, and then in the mean time, that way I could get my building permit tomorrow, in the mean time, apply for the variance. MR. BREWER-Then you have your other options. MR. OBERMAYER-Good idea, and then go the variance route, well, it's up to you. MR. RANDALL-And I would also want to contact my neighbor and pave that three feet. MR. PALING-I don't think I really understand what you're doing. You're going to let him access through his existing driveway. MR. BREWER-Yes, but what I'm saying to you, to speed the process up for the guy, let him use this access he's got existing right now. It's not going to be open for a month or two. Then he can get his building permit. He can do the renovations that he has to do and still go through with the process of a variance, come back, will eliminate that, and then he has his 40 feet or 30 feet or whatever he needs. MR. OBERMAYER-That's to help out a small businessman. MR. STARK-Tim, I don't think he'd have to come back. MR. PALING-That's what I'm afraid of. MR. STARK-With the Zoning, the ZBA would give him a variance, and then he'd just have the entrance over there. That's all. MR. BREWER-And he can abandon it himself. MR. O'CONNOR-He'd have to come back to modify your site plan approval. MR. BREWER-Yes. He'd have to modify, I mean, but that's a real easy process. - 61 - MR. RANDALL-That's fine with me. Obviously, I don't think that would be. MR. PALING-All right. Poll the Board. Roger, what do you want to do? What is your opinion? How do you feel? MR. RANDALL-I just want to reiterate, I am the owner, and I do want to do what's best for the place. I want to make it look its best. I'm not just buying it to rent it, (lost word) to get in there and get somebody in there to make money as quick as I can. I own the place, and I want to do what's best for it, and I want it to look it's best. MR. PALING-Okay. Roger? MR. RUEL-On a scale of one to ten, I give it a seven. MR. PALING-Do you intend to go along with this idea or no? MR. RUEL-I don't like it, but I'm going to go along with it. MR. PALING-Tim, I think we know what you've said. Craig? MR. MACEWAN-No. I won't go along with that one. MR. STARK-It's fine to help him out. MR. OBERMAYER-I like the idea, to help him out. MR. PALING-I don't like it. I think we're kidding ourselves, but a vote will determine it. MR. MACEWAN-I think we're pushing too quick here. trying too fast for a decision. I think we're MR. OBERMAYER-Why are we going too fast? I mean, we're helping the guy out. Why can't we, as Board members, help a guy out? MR. MACEWAN-I think you're making the situation worse. MR. STARK-You're not going to be open for business for another month are you? MR. RANDALL-At least. MR. STARK-You possibly could have a variance by then. MR. MACEWAN-We he opens up for back here? approve this thing, he finishes his renovations, business. On what pretense does he have to come MR. BREWER-He doesn't, Craig, but I think his intentions. MR. MACEWAN-So then does he have enough parking spaces now, and does he have a safe ingress and egress to accommodate that business with the driveway that you guys are going to approve t.onight? MR. BREWER-For one or two cars, I think so. MR. MACEWAN-But he's talking, he could have upwanis of six cars there. He already said that tonight. He could have as few as none. He could have as many as six. Now what do you do? MR. PALING-He'll start, immediately, to use the east side of his building to park on, no matter what we do tonight. MR. MACEWAN-So it's out of your hands? I think it's a bad idea. MR. BREWER-So tonight if we tell him no, tomorrow morning, you - 62 - '-' ...... - ._-~ think it's going to stop him from? MR. MACEWAN-No one's telling him no. We were within a heartbeat of tabling this thing. He was willing to go talk to his neighbor to see what kind of a deal he could strike up. If not, his other option is the right option, is to go to the ZBA and get a variance. We have rules here and we have regulations, and an Ordinance for a reason, not to circumvent. MR. BREWER-Craig, the way I look at the plan, when I looked at it, when I first got it, I thought that's what he was going to do, honestly, was use that driveway, and I thought that it was existing. What are you going to do? You can't make him expand it because that's all he's got. MR. OBERMAYER-We have the man's honor that he's going to go throughout, talk to his neighbor and obtain, either talk to his neighbor or obtain a variance. Have you agreed to that? MR. RANDALL-Yes. MR. OBERMAYER-Okay. So we need to have a little trust in the common individual that comes in front of us. MR. PALING-If he goes to the ZBA and doesn't get an approval. MR. BREWER-Then he's stuck with what he has, Bob. driveway that's preexisting, and he has to use it. He has a MR. OBERMAYER-That's right. MR. RANDALL-I would think that showing them what I have and that I don't have, I've shown them what I want, they would see that it will be better to do. MR. OBERMAYER-It's tough for us to say that. MR. MACEWAN-Trust isn't the issue here, Jim. MR. RANDALL-What I'm looking for is I've been sitting on this place for two months. I'm looking for my building permit. I would love to get the variance or I'd love to work with my neighbor, but I don't want to wait another week. MR. MACEWAN-Unfortunately, we're being asked to put a quick fix on something that a realtor told him was easy doing for him, and that's not fair to this Board. It's not fair to the Town either. MR. HARLICKER-You're talking about utilizing a driveway that was designed for a one car garage, and now you're going to be utilizing that for a commercial business. MR. MACEWAN-If I'm not mistaken, isn't there a hedgerow between your driveway and the people to the west of you as well? MR. RANDALL-A hedgerow? No. MR. MACEWAN-Bushes or something like that, that I recall? MR. RANDALL-No. The back portion, approximately around the back of !IJ.Y. house, there's a fence from that back. MR. MACEWAN-My position is, approving this thing tonight with just that one driveway, you know, for access in there, I don't think, is wise. MR. PALING-Well, we've polled the Board. the Board feels. I think we know what MR. BREWER-Well, I don't know that you do now. I don't know what - 63 - - to do. MR. RANDALL-I'm saying that that would not be permanent, but if it shows that it would be adequate temporarily, just so I can get my building permit tomorrow, I definitely want to do it the other way. I want to get the variance, and if that doesn't work, I'll work with my neighbor. MR. MACEWAN-But unfortunately the controlling factor of this Board is if we give you approval tonight to utilize that residential portion of the driveway, we have no recourse to bring you back in here to either set straight the other side, modify whatsoever. You've been given an approval. You can walk away and never come back, and that's not right either. MR. PALING-I know you don't like it, and I don't blame you, but two months is not a long time in this end of the world. It takes a lot longer than that to get most of these approvals through. MR. BREWER-All right. I'll agree with you. do in a week. I guess I'm out numbered. wants to get the common driveway, I guess what you're saying. Lets see what we can I don't know. If he I have to agree with MR. RANDALL-I wanted to go for the variance. MR. MACEWAN-Then you need to make an application to the ZBA and if that's the case, when you come in to file for your application, ask that the Staff forward a copy of these minutes to the ZBA, and they'll know what to do. MR. BREWER-So we're going to table it. MR. MACEWAN-Right, indefinitely, I would assume, until he gets his variance. MR. PALING-Or we can put a date on it. MR. MACEWAN-No, we can't. We'll just table it until you get your variance from the ZBA. MR. PALING-Now, we have to have your concurrence if it's going to be tabled. We have to have the concurrence of the applicant to table it. MR. OBERMAYER-You know what this means, don't you? MR. RANDALL-No. MR. OBERMAYER-It means whatever process you go for another month or two. that if you're going to go through through, you could delay your building MR. RANDALL-So if I came in in the first place and just said that I wanted to use this for access to a parking lot on this side, it would be denied? MR. BREWER-Can't say that. really. We don't know. It wasn't discussed, MR. HARLICKER-Well, you're discussing it now. MR. BREWER-Well, I don't know how you can deny it. If that's all he's got, that's all he's got. For a business for three or four cars in a day, I don't feel comfortable with it. MR. STARK-He's going to get on the Zoning for next mostly likely, you know, for safety factors and they're going to approve the thing for a lousy three I can't see them turning it down for three feet. month, and everything, feet, okay. - 64 - '-' -- MR. MACEWAN-No. hardship. I think he's got a real good case for a MR. STARK-So then, you know, he's not going to be open for business for a couple of months. MR. BREWER-Yes, but there's no guarantee, George. MR. MACEWAN-There's no guarantees to anything, Tim. MR. STARK-He just said he's not going to be open. He could have come in and said he had 40 feet over there and nobody would have known the difference. MR. BREWER-Sure we would have. MR. STARK-You measured it? MR. BREWER-It says so right on the map. Somebody would have seen it, I would hope. MR. STARK-And that way there it allows him to get a building permit and get on with his business. This way here, he's going to be on the Zoning next month. He's going to be sitting there on the building for a month. MR. PALING-All right. What do you suggest, that we allow him to use his existing driveway on the right hand side of the building as a commercial exit/entrance? MR. STARK-Why not? That's all he's got. MR. RANDALL-Just show that it's adequate for now. I don't intend to use it that way. I wouldn't want to open a business that way, but I'd just like to show that it's adequate so that I could be approved to get my building permit. MR. MACEWAN-But from the standpoint of a site plan, I'll say it again. It's not adequate. It doesn't meet the safety requirements that I think we go for, as a Board, for safe ingress and egress out of that, for more than one or two cars. It's not set up, it's not designed to be for commercial or business use. More importantly, if we approve this thing tonight, under those pretenses, we'll never see you again. Because if we approve a site plan, we have no recourse to call him back in here to modify it. We can't do that. We can't go after him and say. MR. SCHACHNER-That's not exactly true, in that, if the development occurs that's not within accordance with an approve site plan, then there's a legitimate enforcement issue, and Jim Martin can serve summons. MR. MACEWAN-The point ahead and do that side just leave it as it is. do that other side? I'm trying to make is now he says, why go of it and save myself a ton of money and They approved it. Why should I need to MR. RANDALL-That's not adequate for my business. what I do. That's not MR. BREWER-So if it's not adequate for your business, then we shouldn't approve it because it's not adequate? Bottom line. I mean, I sympathize with what you're saying, but the more you think about it. MR. PALING-If we allow something like that, what about safety regulations, and what about insurance, and that sort of thing? How are we setting ourselves up if there is an accident or a fire, or some such, and this is what we approved, an eight foot driveway, or whatever it is? - 65 - ',...-' MR. SCHACHNER-Well, those are the reasons that the site plan criteria exist. I mean, not that the Town or the Board has any exposure in terms of actual liability, but those are the reasons that these criteria exist. MR. MACEWAN-Have we ever allowed any other business in a site plan review process an eight foot driveway that can stack up three cars in it, for a commercial use? MR. BREWER-You've made your point. Lets not keep beating it. MR. SCHACHNER-It is an awfully good case for a variance. I have to say. MR. OBERMAYER-Yes, it is. MR. BREWER-Why don't we give the applicant a tabling. Give him time to decide what he wants to do. Worst case scenario, he wants to come back here with a shared driveway next week, then we can do it. MR. PALING-He's got that alternative or go for the variance. MR. BREWER-Go for the variance. MR. OBERMAYER-Or you could come in, take your chances with the eight foot driveway. MR. PALING-Well, I don't think that would fly. MR. OBERMAYER-What do you mean? You polled the Board earlier. MR. PALING-Well, okay, maybe. MR. RANDALL-The ruling on the 150 feet, that's on one lot? MR. HARLICKER-That's between adjacent, either way. MR. RANDALL-That's not neighbor's. MR. HARLICKER-Yes. So if you wanted to put, in the past. MR. RANDALL-I can't say, I have a driveway on one lot, and I want another driveway on an empty lot? MR. BREWER-That's the other answer. Give him a driveway. He's got a 25 foot lot. MR. RANDALL-I have a 25 foot lot, and I want a driveway on it. MR. BREWER-Apply for the driveway permit. MR. OBERMAYER-So, are you letting us, if we table it, do you, are you allowing us to table it? MR. BREWER-Lets table it, explore your alternatives. MR. OBERMAYER-Options, and then you can make, it gives you a week to think about your options. MR. BREWER-Maybe you can get a curb cut for your other parcel. MR. OBERMAYER-And maybe, in the mean time, you could talk to the Staff about what procedures you'd have to take to go the variance route, if that's. MR. RANDALL-Somebody mentioned to me I'd have to go to the County to get the driveway permit. MR. BREWER-That's a County road. - 66 - ',--, --' '-- --./ MR. OBERMAYER-Yes, you would need the permit from Warren County. MR. BREWER-The best suggestion that I could offer you right now is, do you have an attorney? MR. RANDALL-No. MR. BREWER-Then maybe you should talk to one. I'm not kidding, I mean, that knows about this, and he can direct you some way. MR. OBERMAYER-As a suggestion, I think you ought to come in and talk to the Staff, okay, and they can probably tell you what you're going to have to do, in order to have a new access on the left hand side, okay. I think that's the smartest way to do it, for your own interest. So that you come in here and you know what steps, what logical steps to take, in which direction, and that's it. MR. RANDALL-Staff designed this parking. differently. I had it designed MR. OBERMAYER-I don't know what to tell you on that. MR. PALING-Well, it's just come before us tonight, and, I'm sorry, but you can't expect us to just react, bang. MR. RANDALL-I understand. MR. PALING-I think we better table it for a week, and then if we've got to do something different in a week, we'll do it, but the week'll give you a chance to think and talk to Staff, and then if you want to come back next week, or take some other appropriate action, we can change it from there, but we do need your concurrence, if that's what, if you agree to that, we need your concurrence that you'll allow the tabling, but I think we've explored it from all areas, and we're really now grinding it into the ground. MR. HARLICKER-Yes. I think one thing that we might want to do, too, is get an interpretation from Jim. I think the fact that this is, like he said, it's a separate lot. Does this 150 foot separation distance apply to this situation. MR. PALING-Yes. Well that's what he can use the coming week for, is to do that. MR. HARLICKER-That's a Zoning Administrator call. MR. PALING-And I'll get involved with you, too, if you need me, if I can help at all. MR. RANDALL-Okay. If I agree, I don't understand what it means, because I've never done this before. If I agree to table it, what am I agreeing to? MR. BREWER-No action. MR. MACEWAN-Tabling it. MR. PALING-You're agreeing to no subject will be brought up again. brought up again next week. action for tonight, but the It's our intent that it be MR. MACEWAN-You'll be back on the agenda allover again. MR. PALING-See, otherwise we have to vote aye and nay, and I don't think you want us to take that route. MR. RANDALL-Okay. I understand. - 67 - MR. PALING-No. It's being postponed for one week. MR. SCHACHNER-Now speaking of postponing, you have a public hearing on this scheduled for tonight. So to avoid problems of renotification or anything like that, do you want to open your public hearing tonight? MR. PALING-All right. Then I'll open the public hearing now for anyone that would like to comment. PUBLIC HEARING OPENED MR. PALING-Then we'll leave the public hearing open. We have the applicant's concurrence that we'll table plan no. 9-95 until March 28th? All right. this site MR. RANDALL-Yes. MR. PALING-Okay. MR. MACEWAN-I'd like a footnote to this whole nightmare. I'd like someone from Staff here next week at our meeting, preferably Mr. Hatin, to explain to us how all this construction could have taken place without a site plan approval, or a building permit. Have you been by there? There's a lot more than just a new roof or a window here and there. MR. PALING-You've got to have building permits for that. MR. MACEWAN-We're talking extensive construction going on over there. No fault of the applicant. I want to make that clear. MOTION TO TABLE SITE PLAN NO. 9-95 GARY & VALERIE RANDALL, Introduced by Timothy Brewer who moved for its adoption, seconded by George Stark: Until next week. Duly adopted this 21st day of March, 1995, by the following vote: AYES: Mr. Stark, Mr. Obermayer, Mr. Brewer, Mr. Ruel, Mr. MacEwan, Mr. Paling NOES: NONE ABSENT: Mrs. LaBombard MR. PALING-All right. I may see you during the week, and we'll see you next week anyway. MR. RANDALL-Thank you. MR. PALING-Are we at Hudson Pointe, now? Hudson pointe. HUDSON POINT PHASING PLAN MODIFICATION MICHAEL O'CONNOR MR. O'CONNOR-Mr. Chairman, for the purpose of your record, I'm Michael O'Connor from the law firm of Little & O'Connor. With me is Alan Oppenheim. We represent the developer. This Board has given final approval to Phase I of Hudson Point. In the approval that this Board has given, Phase I road system ended right here and did not include this turn around on a portion of Sherman Island Road. In discussing with the Town Board the process for abandonment and their desire to keep open the balance of Sherman Island Road until the other phases of the development, it was agreed that we would bring a Phase I road over to connect onto what will then be the remainder of Sherman Island Road. We will abandon this portion here, which will dead end Sherman - 68 - ~ --,' ""-- -....../ Island Road with this turnaround, so that there will be no impact on the existing neighborhood by Phase I. MR. MACEWAN-What is the logic with their concern of wanting to leave that portion of Sherman Island Road open? MR. O'CONNOR-Because they are, in the very beginning, taking title to the pointe, the conservation area, and there would be no access out to it. Also, there is a concern about keeping this open on a temporary basis for other access. That's, basically, all we're asking for by formal resolution. We'd like you to amend Phase I to include the area as shown in the orange outline on this map. We have finally obtained Health Department approvals and everything else. Everything is sitting downstairs, I think, waiting for signatures. When you approve this change, we will substitute this as Phase I, and hopefully we can get it signed and it will be ready to go. MR. MACEWAN-Will Niagara Mohawk trucks still utilize that road, or are they still the intent of the original approval to use the Coffer Dam Road? MR. O'CONNOR-They will use this road until we get into other Phases. MR. MACEWAN-And when you say abandonment of that, what are we looking at, maybe a couple of hundred foot section of road, roughly? What does the term "abandonment" mean? MR. O'CONNOR-The scale is one inch equals fifty. Abandonment means that this, right now, is a public highway. The Town will give that up and we will put a berm in at the end of this. MR. MACEWAN-Up there where the turnaround is? MR. O'CONNOR-Yes. MR. MACEWAN-Will anything be the road? Is that covered like that, or just left? done to that road, that portion of over or bulldozed over or anything MR, O'CONNOR-I think the intention is to leave it. We've had that discussion a number of times, what will happen to Sherman Island Road. MR. MACEWAN-And I think it was made as part of the approval, it was the Board's feeling that we were going to. ALAN OPPENHEIM MR. OPPENHEIM-I would add that, over time, actually the intent, as sections of the road are abandoned, is to put some topsoil on ita nd seed it. MR. MACEWAN-Can we do this with this small section of it right away? Is there any reason why we can't? MR. PALING-I thought there was a different agreement about that, and you are probably much more up to date than I am, I thought it was going to be abandoned and left, but you say no? MR. OBERMAYER-I thought it was, too. MR. O'CONNOR-We've argued that we want to leave it open, and leave it to the homeowner's association to determine how. MR. MACEWAN-That was discussed, but that's not what the final app,'oval was. MR. OPPENHEIM-Actually what happened is we discussed with the - 69 - Michaels Group, and we actually (lost word). MR. O'CONNOR-That's not in the final approval, Craig. The final approval does not say that anything will be done to that. MR. MACEWAN-But it was in discussions up to that final approval. I mean, if we've got to put it in the approval and re-word it, I mean, it was left to no one's imagination that that Sherman Island Road was going to be topsoiled over and seeded. MR. O'CONNOR-It was not in the approval, and I'm objecting to the constant twisting. All we have done is come in here, at the request of the Town Board, to modify the outline of Phase I, to build another 300 feet of road, with no return to us, to accommodate their access to the open space. MR. MACEWAN-I think that you should get something real clear here real fast that I'm not trying to twist anything around. All I'm trying to do is elaborate on what was discussed at that time, Mike. Period. MR. O'CONNOR-I will stand on this. we will honor. My recollection of different than your recollection. Whatever was approved before, what was approved before lS MR. MACEWAN-He's sitting right there saying that they're willing to do it. MR. O'CONNOR-I'm talking about the formal approval. MR. OPPENHEIM-Craig, I think what I'm saying is, this was an item that we did discuss. Clearly, we discussed it at length, and I think at that point in time, I'm trying to remember. I don't think it's in the formal approval. MR. MACEWAN-No. I agree with you. It wasn't put in there. MR. PALING-I suggest that we leave it alone, that we don't say to cover, just leave it alone and act on what is submitted. That will be taken up later on, by us or whoever, and it'll either be covered or left alone, whatever, but that's no reason we can't go ahead with what we've got. MR. OBERMAYER-Well, whatever was in the approval is what. MR. O'CONNOR-Whatever's in the approval we're willing to abide by. There may even be an improvement, based upon what the actual developer wants to do, but I don't want to stand here and act as though I'm stipulating to something that is not in the prior approval. MR. PALING-If we don't do anything about that, it's going to be what the final approval says anyway, and that's why I'd like to just take it off and discuss only what's being asked. MR. O'CONNOR-All you're changing is the configuration of what is Phase I. MR. PALING-Will this effect any other traffic, construction traffic, or will there be any change in that? MR. O'CONNOR-Not that I'm aware of. MR. PALING-Okay. MR. RUEL-All the modifications are strictly in Phase I. MR. O'CONNOR-At this point, yes. That's the only approval you've given us. - 70 - '-' -.-'" ----- --" MR. RUEL-Right. I mean, nothing extends into any other phases? MR. O'CONNOR-Not by that change. MR. PALING-What is the identifying number of this, Scott? We're going to have to identify it. MR. OBERMAYER-The site plan number. MR. HARLICKER-Site Plan No. 25-94. MR. MACEWAN-Mike, who's Property Advisors? agency? Are they the new MR. OPPENHEIM-I Oppenheim, for involved in the Pointe. am, no. The background the record, and that's my project and representing and there is, I'm Alan Company, and I am working for Hudson MR. MACEWAN-So the Michaels Group is not involved anymore? MR. OPPENHEIM-Yes. The Michaels Group is involved. going to be the builder. They a1" e MR. MACEWAN-The only reason why I'm bringing this up, there's nothing on file that says that you're an agent acting on their behalf. You might want to get that signed and put in the file. MR. OPPENHEIM-Let me do that with Scott. MR. PALING-All right. Board? Are there any other questions by the MR. RUEL-These changes, then, you will modify the existing plan to reflect these changes? MR. O'CONNOR-Yes. MR. RUEL-Okay. MR. O'CONNOR-The existing plan has not been signed by Mr. Martin. We're holding that up. So it won't be really a modification, as it's signed. It'll be signed in this form. MR. RUEL-Right. He'd be signing a final one which includes that? MR. O'CONNOR-Yes. MR. RUEL-Okay. MR. OBERMAYER-I'll make a motion. MOTION TO APPROVE SITE PLAN NO. 25-94 HUDSON PHASING PLAN MODIFICATION, Introduced by James moved for its adoption, seconded by Roger Ruel: POINTE . INC. Obermayer who As submitted on a letter from Mr. Oppenheim, dated March 16, 1995. Duly adopted this 21st day of March, 1995, by the following vote: AYES: Mr. Stark, Mr. Obermayer, Mr. Ruel, Mr. Paling NOES: NONE ABSTAINED: Mr. MacEwan ABSENT: Mr. Brewer, Mrs. LaBombard MR. O'CONNOR-Okay. Can I just update you on two other changes - 71 - '- that have come up? I apologize if I reacted too sharply. We went through two hours of discussion last night on, I think, where to put some commas, and I don't think we added anything to the same project. If you look at the initial overall plan, out in the Phase V, Lot 90 showed a pedestrian entrance way into what is going to be the conservation and archeological area. The Town has worked out an agreement with the Open Space Institute to manage that. As part of working out that agreement, they have recommended to not have this second entrance way out to the road system of the subdivision. They think, potentially, they may have some parking problems, and whatnot out here, and they're better off if they have just the one entrance, which will be over here, and the people will go out, come back to here to a dead end loop, if you will, and then come back on the same trail system. So we have incorporated that into this overall map, at this point. When we bring in the other phases, we will incorporate that into that. The other issue that we have is that the operating division of the Niagara Mohawk has decided, like the neighbors, that they maybe should have had better concern about a potential secondary access to their facility, as opposed to just a single access, and we talked to the Town about this. The Town is happy and welcome to, because they also are talking about a potential secondary access, and we're talking about an emergency type access that would be a locked access, but usable for secondary purposes, in the back of the water plant. MR. MACEWAN-That's down near where the Coffer Dam Road is, down n t.hat vicinity. MR. O'CONNOR-Okay. When we get all done, and I guess even when we get into, it probably might even be Phase II. There will be an easement that will be retained, some place in the area of the old Sherman Island bed, which will be used for a locked access to the operating facilities of Niagara Mohawk that are down below. It'll be, the intention is a secondary access, emergency use only, and we are probably going to work out some type of shared agreement with the Town so that they have secondary access to t.he back end of their new water plant facilities. MR. MACEWAN-That would end up giving them three accesses, right? MR. O'CONNOR-No. I think t.hey only have one to that area right now. MR. MACEWAN-You're talking about after everything's all through? MR. O'CONNOR-Yes. MR. MACEWAN-Okay. So that Sherman Island Road won't be used at all, then, at that point. So that's one access that would be eliminated, because right now they can use the Coffer Dam Road. MR. O'CONNOR-Yes. Eventually, Sherman Island Road will be eliminated for access to the operating facilities of Niagara Mohawk. There will be a locked easement access for a secondary access. MR. MACEWAN-Whatever became of the idea, at one point was talking about using that road there where the apartment houses are on, it's a little dead end road. MR. OPPENHEIM-That, actually, when this there was only one proposed access shown. Toad, we (lost word). project was started, Instead of using that MR. MACEWAN-Is there any future idea of possibly going in through then,:;? MR. O'CONNOR-If you look, Phase I has got lots that back right up to that property. - 72 - -- ~ - -" MR. MACEWAN-It's been a while since I looked at the map. MR. O'CONNOR-That's when they went to the boulevard as opposed to the single access. MR. MACEWAN-Okay. MR. O'CONNOR-So those are just two things that we'd just bring to your attention. Those are (lost word) only. Secondly, Scott, do we have something on the agenda, or is it on next week's agenda, to extend the MacDonald's modification? MR. HARLICKER-There's nothing on for tonight. MR. O'CONNOR-Okay. We need to extend the MacDonald subdivision application, perhaps, 30 days. MR. MACEWAN-Didn't we just do that not too long ago for, like, 60 days? MR. O'CONNOR-You did, to the end of March, last time, I think. MR. MACEWAN-Something to do with filing or something. MR. O'CONNOR-The Health Department's signature. MR. MACEWAN-Yes. That's what it was. You need another 30 days? MR. O'CONNOR-Yes. MR. PALING-Well, you'll write us a letter to that effect, and then we can act on it, I assume. MR. O'CONNOR-I've asked Jim Martin twice. I would like to have yOU act on it. I'll write you a letter right now, if you want. I'd like to see if we could do it, and then not have to come back. MR. PALING-I don't have any problem with that. MR. HARLICKER-Yes. MR. O'CONNOR-Okay. MR. MACEWAN-What's the reason you need another 30 days? MR. O'CONNOR-In order to get this incorporated into the package so it can be signed. MR. MACEWAN-Do you have a subdivision number for it? MR. OPPENHEIM-For Southern Exposure. MR. O'CONNOR-You also were supposed to have on your agenda and I didn't see on the agenda the Barber subdivision. That has not been signed yet, has it, Scott, the subdivision up here on the corner of Tee Hill and Bay Road? MR. HARLICKER-I don't think it has been. MR. PALING-It's not on next week, either. MR. OBERMAYER-No, it's not. I didn't see it on there. MR. O'CONNOR-We've asked him, I was here last Thursday, and I was here again, I think, on Monday. MR. MACEWAN-If you're asking our Chairman, I'm sure he'll see to it that they're both put on for Tuesday night. - 73 - .....- --,- MR. PALING-That's the Barber subdivision? MR. O'CONNOR-Yes. MR. MACEWAN-And Southern Exposure. MR. O'CONNOR-The Barber subdivision needs to be extended because, as I understand it, they're still finalizing the road drainage, modifying what you approved as road drainage, eliminating some of the catch basins. MR. PALING-Okay, but tonight you'll just give us one little note. MR. O'CONNOR-I'll give you a note on both. MR. PALING-Okay. You want to take a little break and write them, and we can do some other stuff here. Okay. All right. We can be carrying on with some other business, here. MR. HARLICKER-You've got a couple of extensions that you should act on. MR. PALING-Okay. Lucas Wilson is the next one I have. Okay. This is Site Plan No. 12-94, requesting an extension. It was originally approved on May 3, 1994, and they want to extend it to when? MR. OBERMAYER-This was Lucas Wilson, right? MR. PALING-Yes. MR. HARLICKER-That's the one that's going through the court system right now. MR. OBERMAYER-That's what I thought. I didn't think we approved that. MR. BREWER-Yes, with conditions we did. MR. STARK-I have a question for Mark. Mark, what does this mean, this little addendum we got there from Judge Dier? MR. SCHACHNER-It doesn't really mean anything, and the reason is because both parties made what's called motions for summary judgement. What that means in plain english is that both parties said to the court, to Judge Dier, look, the facts are so clearly, and the law is so clearly in our favor, that you should rule in our favor without having a trial. Both parties said that. Both Valente Builders said, hey, this is a slam dunk for us. No need to have a trial. Rule in our favor. Lucas Wilson's counsel said, wrong. This is a slam dunk for us. No factual disputes. No need to have a trial. Rule in Q.!.dL favor. Judge Dier's ruling is denied both parties motions. He said, it's not so crystal clear. It's not so black white. There are factual issues that require a trial. So all he's done is said, I won't decide this case yet until we have a trial. So, currently that is no effect. Now, my factual question is, as I recall, your approval said something like, no building permit issued until some proof of ownership is submitted, or the court resolves it. So I'm assuming that the building permit's not been issued. MR. BREWER-Exactly. MR. SCHACHNER-Okay. If that's the case, then Judge Dier's decision has no impact on your approval. Once he decides it after a trial, it certainly may, but it doesn't yet. MR. PALING-Okay. Scott, how long is the extension for, that they want? I don't find it anywhere here. - 74 - "~ --...; '....- ~./ MR. BREWER-It just says they want an extension. MR. PALING-Yes, but it doesn't say for how long. MR. HARLICKER-It doesn't say for how long. MR. BREWER-According to this resolution that I introduced, with the help of Mr. O'Connor with the legality of color of title, I don't know, I mean, he has no idea how long he wants to extend it. MR. STARK-How can we approve it, then? MR. BREWER-I would say I wouldn't want to extend it. MR. PALING-Could we, like, table that and get a clarification of the length of time, and then just act on it next week? MR. SCHACHNER-For what it's worth, Jim forwarded the decision to me ~",ith, actually, the letter itself. The lette1" I'm looking at from Lucas Wilson requests that this be on your agenda for next week, March 28th, not tonight. MR. OBERMAYER-Right. That's what I say, too. MR. SCHACHNER-So I don't even know how it got on tonight's agenda. MR. PALING-Then I'll scratch it. it's my mistake. I have it written in as, maybe MR. SCHACHNER-Well, I'm looking at a March 20th letter. If you all have a different one, tell me. I'm looking at a March 20th letter that is very short, has two sentences, and the second sentence is, please place this matter on your Planning Board agenda for the March 28th Planning Board meeting, and to tell you the truth, I wasn't going to read the stuff Jim sent until later, or next week's meeting, but I happened to have some time, so I read it. MR. PALING-Then I think we should happened. Lets go on to the next Jim, do you want to read that? just forget it. Nothing item, which is Stonehurst. MR. OBERMAYER-Sure. To the Town of Queensbury, from Van Dusen and Steves, Leon Steves, Regarding Stonehurst Phase II modification, Final Stage "Dear Chairman and Board members: On October 27, 1994, the Board granted final approval of this subdivision as well as a motion to extend subdivision approval for signing until March 31, 1995. That date is rapidly approaching and we are seeking a 90 day extension. If you have any questions concerning the above, please do not hesitate to call. Sincerely, Van Dusen & Steves, Leon M. Steves, LLS" MR. MACEWAN-What's the subdivision number? MR. OBERMAYER-Subdivision No. 10-86. MR. PALING-Okay. MR. MACEWAN-They're looking for 90 days from the end of what? MR. BREWER-March. MR. RUEL-March 31st. MR. MACEWAN-June 30. MR. OBERMAYER-March 31st to June 30th, right. - 75 - '- MOTION TO GRANT AN EXTENSION TO SUBDIVISION NO. 10-86 STONEHURST PHASE II, Introduced by Craig MacEwan who moved for its adoption, seconded by George Stark: Until 6/30/95. Duly adopted this 21st day of March, 1995, by the following vote: AYES: Mr. Stark, Mr. Obermayer, Mr. Brewer, Mr. Ruel, Mr. MacEwan, Mr. Paling NOES: NONE ABSENT: Mrs. LaBombard MR. PALING-Okay. Now, can we act on their notes? MR. HARLICKER-Yes. One is for, please grant an extension to 5/31/95 for Barber subdivision approval, Loxley Subdivision. MR. PALING-Okay. Can we make a motion, as read, okay. MR. MACEWAN-Until when? MR. HARLICKER-May 31st. MR. MACEWAN-What's the subdivision number? MR. HARLICKER-I don't have it at this time. MR. MACEWAN-It's not important. I just keep it in my notes. MOTION TO APPROVE THE EXTENSION AS READ, Introduced by James Obermayer who moved for its adoption, seconded by George Stark: Until May 31, 1995. Duly adopted this 21st day of March, 1995, by the following vote: AYES: Mr. Obermayer, Mr. Ruel, Mr. MacEwan, Mr. Stark, Mr. Paling NOES: NONE ABSENT: Mrs. LaBombard, Mr. Brewer MR. HARLICKER-And the other one is, please grant an extension to 4/30/95 for Southern Exposure subdivision modification approval. MR. OBERMAYER-I'll make a motion to extend, as read, to 4/30, Southern Exposure. MR. HARLICKER-Southern Exposure subdivision approval. It's the McDonald subdivision. modification MR. MACEWAN-I was just asking, I couldn't remember why he needed the subdivision extension for Southern Exposure. MR. O'CONNOR-Craig just asked me the right question, and I wasn't focusing on. We're going to file this map, which is going to be Hudson pointe, and we're ready to file that this week, when we get the signature. I may not be ready to file that map until probably the first week of May. We have tentatively set a closing with MacDonalds for 4/30. MacDonalds will not allow us file the modified map in the County Clerk's Office until he has his money in hand. MR. OBERMAYER-So you want another month? MR. O'CONNOR-Yes. Could you make it 5/31? - 76 - '~ -../ -- '---' MR. OBERMAYER-Sure. MR. O'CONNOR-I apologize. You asked the right question, and I appreciate it. We'd be running hard on the 31st, particularly if the closing doesn't take place. MR. MACEWAN-So what's the date you're looking for? MR. O'CONNOR-S/31, on both. MR. OBERMAYER-What is the name of that? MR. O'CONNOR-MacDonald's Southern Exposure subdivision, which as I call the MacDonald subdivision. I would appreciate 5/31 on that as well. MR. OBERMAYER-Okay. MOTION TO EXTEND MACDONALD. SOUTHERN EXPOSURE SUBDIVISION NO. 4- 83, Introduced by James Obermayer who moved fo)- its adoption, seconded by Roger Ruel: To 5/31/95. Duly adopted this 21st day of March, 1995, by the following vote: AYES: Pal i ng Mr. MacEwan, Mr. Stark, Mr. Obermayer, Mr. Ruel, Mr. NOES: None ABSENT: Mr. Brewer, Mrs. LaBombard MR. O'CONNOR-I appreciate, very much, your patience with me. MR. PALING-I have three more items, and first I'd like to read a letter from Mrs. Phyllis Marvin, addressed to me at the Planning Board. "I cannot begin to express my distress and frustration in learning that the Queensbury Planning Board had approved the Blockbuster renovations for Glen Street. After the uproar over the monstrosity on Quaker Road a couple of years ago, I think it's outrageous to have another one hoisted on us. How could you allow such a plan to be approved? Since we do not have an architectural review board, the Planning Board is our only protection. Please refer to Section 179-38, the requirements for approval. You do have the authority. Now all you need is some back bone. Please reconsider your approval and try to rescind it. Someone in this Town has to take a stand for the good of the Town. You are the only one that can do it. Sincerely, Mrs. Phyllis Marvin" MR. RUEL-Can I comment on that letter? MR. PALING-Yes, you may. MR. RUEL-All right. Since I've been on this Board, I've spoken to Jim Martin and other people about the need for either an architectural review board or a design review board, whatever you call it. However, when residents object to certain, what they call "monstrosi ties II or color combi nations, etc., they should understand that the Planning Board has no power, actually, to tell them that they can't use a certain color or a certain architectural motif or whatever, and what people should understand is that even if you have an architectural design review board, they usually are only a board to make recommendations to the Planning Board. They don't have the power, they're not empowered to actually tell the applicant that he cannot use certain materials or certain colors. All this design review board can do is very tactfully speak to the applicant and explain to them that your neighbors won't like - 77 - --' "-" certain things, etc., and try to make them understand that if they're a business, it would help them, rather than hinder, and that's the only thing a design review board can do, in most communities. I don't know of any design review board that has the power to actually tell people how to build a house or what it should be. MR. OBERMAYER-Yes, and what color they have to paint it. MR. PALING-Some do have such architectural review boards with quite a bit of power, not around here, but some do have that. Are there any other comments on this, because I have comments, but I'd like to be the last. Any other comments? MR. RUEL-I have a question. What's the status of this Parillo? Did I miss out on that? MR. PALING-Lets stick to the subject. What I have is I would like your approval to send this letter to Blockbuster, okay. The reason I'm doing it is that I think that this letter expresses the feelings of a lot of people in this community about the appearance of Blockbuster, the color tones and combinations. MR. STARK-It's not Blockbuster, it's the whole Plaza. MR. PALING-No, Blockbuster paint job, that's theirs. MR. RUEL-The blue, they're talking about the blue. MR. PALING-The blue and the white and the yellow, and that's theirs. Now what I would, and I won't send it unless I have your approval, but here's what I'd like, we've had comments right here in this room about that paint job. MR. RUEL-Yes, and about Grossman's and others. MR. PALING-Yes, and I would address it to Blockbuster Video, Care of steve Powers of J.J. Nigro in Albany, NY. Approval of the Site Plan for the new Blockbuster site on Glen Street was obtained on, and I'll put in whatever the right numbers and identification are for that, but the body of the letter is this. "The color scheme at the present Blockbuster building on Quaker Road has been the subject of quite a bit of negative community sentiment. It is felt that the colors and their combination are too loud and garish, and not in keeping with long standing and more conservative color schemes used in the Adirondack area. The fear, now, is that the same color scheme will be chosen for the new Glen Street location. It is requested that Blockbuster review any plans for decorating the outside of the new location. It is hoped that some changes in tone and contrast will be made, resulting in a more conservative appearance, closer to that of existing buildings in this area. MR. RUEL-Okay. Can I comment on that? MR. PALING-Yes. MR. RUEL-We had people here from Blockbuster, and we did comment about the gar ish, bluish colo)", and they said that this is the color they use nationwide, and in the South it's very acceptable, you know, to have the bright awnings, and they said that they considered this part of their logo, and when that business says that this is their logo, I don't see how you can change it. MR. PALING-Easy, you can change it. Now let me comment on that. Go to Hilton Head, South Carolina and find me one building that's not painted earth tones. MR. RUEL-Yes. I know places like that. - 78 - '---' --.--" '-'/ "'--' MR. PALING-All right, and there are other communities like this, too. MR. RUEL-Yes, but you're not going to do this in Queensbury. MR. PALING-Why not? Why can't we request them to consider it? MR. MACEWAN-Before you get up on your soap box, I think the difference is, between communities like Hilton Head, South Carolina, and over in portions of Vermont, they have just that, an Architectural Review Board, which handles that sort of thing. We don't have that here in the Town of Queensbury, and quite honestly, I think you'd be laughed right out of town if you sent a letter like that to a Company that size, when you're trying to dictate to them what a small handful of people in this community view as something that's obtrusive to them. The next thing you know, you're going to say, well, gee, I don't like the colors that Shop N' Save uses. I think the Golden Arches McDonald's have are terrible. I mean, how dare that the Aviation Mall uses a J.C. Penney sign like that. You just can't do that. We don't have any recourse or precedent to write such a letter. MR. RUEL-Right. About the only thing you can do is have a board and have these people come before the Board and talk to them about it. MR. MACEWAN-It's been brought up before. We brought up the idea of an Architectural Review Board, and it's not gone over. No one wants it, and I think it's kind of like the old adage that the people were using, i.e. the Town Board at the time, were using the adage it was kind of like closing the barn door after the horse is gone. MR. RUEL-Do you think most of the community doesn't want that kind of a review board? MR. MACEWAN-I think a vast majority of it doesn't want it. Right. MR. STARK-It adds another layer of approvals, Roger, and people don't want that. MR. RUEL-Maybe it doesn't belong here. MR. MACEWAN-And I think the problem that compounds it here in this community, is one it's something that's offensive, is not person's. you have, too, that person's taste, that necessarily another MR. BREWER-Suppose they take the blue off it and paint it pink? Then what do you do, you tell them you don't want the pink? MR. RUEL-That's bad. MR. OBERMAYER-It's a matter of opinion. Architecture is a matter of opinion. MR. RUEL-Some people like that. MR. BREWER-Architectural review is if you want to maintain something like a historic building, something like that. MR. MACEWAN-I think it should that there was no one here at guy was Joe Nigro, and he was Plaza. No representative was be noted, just for the record, that meeting from Blockbuster. from Nigro Associates, who owns here representing Blockbuster. too, The the MR. OBERMAYER-What L think would be a way to do it would be to write this, the woman back and say that we really don't have that type of control built into our, and she should forward any - 79 - complaints to, and give her the address, and thank you for. MR. PALING-I have not heard one person comment in favor of the color scheme at Blockbuster, but I have heard a ton of people comment negative for it, and I see nothing wrong with pointing out to Blockbuster that we think they've gone too far. They don't have to do anything at all. MR. MACEWAN-I think it's wrong, and I don't think that that's a position that you, as a Chairman, or this Board, should take to send a letter like that. MR. OBERMAYER-The color doesn't bother me that much. drive by there and it doesn't bother me. I could MR. PALING-Okay. I, personally, don't like it, and everyone I've heard, I've never heard anyone praise it. MR. RUEL-I don't see anything wrong with sending a letter. I don't think it'll have much of an effect, believe me. MR. MACEWAN-I think it's wrong. I think it sends the wrong message from this Board. This Board represents this community, not a handful. It represents the community as a whole. MR. RUEL-I don't think anybody likes that color. MR. PALING-I think it does represent the community, Craig, very definitely. MR. MACEWAN-No, it doesn't. I think more of your personal feelings are coming into this than anything else. If that woman was that opposed to that whole plan of that Plaza, then why wasn't she here that night to voice her opinion on it? MR. PALING-I can't answer the She's been in to see Jim Martin. and I don't know whatever else. question, but she has written. She's written to the Chronicle, MR. MACEWAN-Then why take a stand? Let her voice her opinion. It's not something that should come from this Board. MR. PALING-Craig, I'm guilty of agreeing with her, yes, but I'll say for the third time, or I'll challenge you, has anybody here ever ¡-",eard it p'íaised, it's a good looking paint job? I"IR. RUEL -No. MR. SCHACHNER-This is none of my business, and I don't have any legal opinion about this, but I can tell you I have heard dozens of people, in a totally different form, in a totally different context, I have seen Blockbuster present dozens of people that said they loved the color. I'm only saying that because you asked. MR. PALING-Has anyone else ever heard it praised? MR. SCHACHNER-I also know people, personally, who think that, as commercial uses go, that it looks a whole lot nicer than Grossman's. That it looks a whole lot nicer than Staples. That looks a whole lot nicer than Rex Supply, and a whole lot nicer than Long John Silvers, and nicer than McDonald's, and nicer than another building on Quaker that's a similar color blue. I can't remember which building it is. I think it's Glens Falls Electric Supply, has blue and some other color, sort of vertical striping. MR. MACEWAN-Yes. It has a canopy on ,it or something. MR. SCHACHNER-I mean, I'm just telling you as a lay person. This is, obviously, not as your attorney, and my input should not - 80 - '-' ~ "-" '--' count one whit in what you all decide to do. MR. PALING-I'm not going to send a letter as Chairman of the Planning Board unless the Planning Board concurs. MR. MACEWAN-I don't think it's a position, Bob, the Planning Board has ever taken in it's history in writing letters like that, and I don't think we should start the precedent now. MR. SCHACHNER-Could I add one comment, as your Attorney? My comment I will add, as your Attorney, as distinguished from the last comment I made, which is totally irrelevant as your Attorney, is I'm a little concerned at where you might think about drawing the line in terms of, you're a Planning Board. Under State law, you have certain obligations to review, State and Local law, both, you have certain obligations to review certain types of applications in certain ways in accordance with New York State law and the Town of Queensbury Zoning Ordinance and the Town of Queensbury subdivision Regulations. What you're talking about doing, and this has nothing to do with what I care, or what I feel or don't feel or others feel or don't feel about this color or anything else, is really acting like a policy making body, in sending this kind of letter, in general, and I'm concerned, legally, not that any, not that there's any exposure. I mean, nobody's going to sue you for sending this kind of letter, but I am a little bit concerned about you overstepping your legal authority or your legal role. Now if you decide to become, you know, get involved in these policy things, these subjective opinion related things, then I guess what I would suggest that you be sure and couch these letters in those terms. In other words, indicate in the letters, we do not have legal authority to require you to do things. We're merely suggesting, as a Board, that you do such and such, and such and such. I, personally, don't think it's a good idea, only because it's not part of your statutorily or local law authority to do things like this, but if you're going to do it, my legal advice is to make sure and qualify these things, so that it's clear that you're not trying to exercise legal authority, because you don't have the legal jurisdiction to make applicant's, you know, paint things, and I know you recognize that. MR. PALING-I'd have no objection for a disclaimer. MR. SCHACHNER-That's what I'm saying. MR. PALING-That's fine, put it in there, and just add another paragraph to it. I do think, though, that we're about the only Board the people can look to for this kind of thing. MR. SCHACHNER-Well, again, I have to, with all due respect, totall y disagree wi th that. The body, i n ~ opi nion, and I represent, I think you know, a number of municipalities, but the policy making body of a town is the Town Board, and the Town Board is a g)"OUP t.hat £.illl st.ick it.'s neck out, figu)-ative.ly speaking, and say, our constituents have spoken to us, and asked us to contact you in this respect. I should also tell you that it's my opinion, it's my recollection that the Town Board has already done this with the very Company you're talking about, because, and I'll say on the record that., another large grain of salt you should take my comments with is, when Quaker Plaza was approved, I represented the applicants, not. Blockbuster. I have nothing to do with Blockbuster. I've never represented Blockbuster, but. I, at that. time, represented the owners of Quaker Plaza, and it was known that Blockbuster was a proposed tenant., and it's my recollect.ion that a previous Town Board, Town Board, in fact, has very significant dialogue with, I don't know who because I wasn't involved, but I was lead to believe was Blockbuster itself. It's t.he question about the coloration of scheme. I have no first hand knowledge about that. I don't. have a strong feeling about. this. If you do something like t.his, I - 81 - -, will advise, as your Attorney, to have a very expressed disclaimer, and I don't just mean in a (lost word). I mean, any time you, if you're going to start becoming a policy body, and expressing your subjective opinions, then as your counsel, I'm going to suggest that you include an appropriately worded legal disclaimer, so that nobody can misconstrue this as you overstepping your legal authority. MR. PALING-I have no objection to that whatsoever. MR. RUEL-What about writing a letter to the Town Board? MR. PALING-Well, if we don't take the route I'm suggesting, and I think I will send it to the Town Board, and I'll tell them that it was suggested a disclaimer should be put in, which I agree with, but that the Board voted no, in so far as sending it. MR. MACEWAN-I think, even if you go that route, too, it should be a Board decision. MR. PALING-I'm not sending a letter outside of the Town government, unless I've got the Board's concurrence. MR. MACEWAN-If you're going to send something to the Town Board. ¡VIR. BREWER-But representing us, if you're sending it to the I think it should be our opinion. Town Board MR. PALING-No. I'm representing you. If I send it to the Town Board, I will be representing myself only. MR. SCHACHNER-As an individual. MR. OBERMAYER-As an individual. MR. SCHACHNER-Yes. You can certainly do that. Anybody can do that, and in that context, I have no concern whatsoever. MR. PALING-Why would you object to me sending it to the Board in the name of the Board and saying that you didn't feel we should do something like that? What's wrong with that? That's what you said. MR. MACEWAN-Because I think it's a Board decision, not your decision. MR. PALING-You've made the decision that we shouldn't do it, lets say. MR. MACEWAN-Right. MR. PALING-So why shouldn't I say that to the Board? MR. MACEWAN-Maybe not going to be Planning Boa,-d to Town Board. I misunderstood you. You said, well, if I'm able to send this letter on behalf of the Blockbuster, then I'll send this letter to the MR. PALING-I will not send this letter out of unless the Board concurs. So, therefore, I Blockbuster. this jurisdiction don't send it to MR. MACEWAN-Right. MR. PALING-What I would be doing is passing along to the Town Board requesting that they answer it, and I'm going to enclose a let. ter, !:!!y letter, suggesti ng that this be the IrJordi ng. MR. MACEWAN-You, Bob Paling, private citizen, or you, Bob Paling, Planning Board Chairman? - 82 - ",---, '---" '-- """'/ MR. PALING-That I presented this to the Planning Board, and they didn't want to do it, and so I'm suggesting that the Town Board. MR. MACEWAN-As Planning Board Chairman, or as Bob Paling, resident? MR. PALING-Probably as Planning Board Chairman. MR. MACEWAN-No. That's an action that should be decided by the Board as a whole. MR. STARK-Bob, why don't you submit it to the Town Board, as a private citizen, say this letter was sent in. I presented it to the Board. They didn't want to do anything with it. So I'm carrying it on my own. MR. RUEL-It's not that we didn't want to do anything with it. We couldn't. MR. PALING-Now, do I have a unanimous no on this thing? agrees \.Ji t.h me? No one MR. STARK-I don't think you ought to do it as the Chairman. MR. OBERMAYER-I t.hink we're stepping out. of bounds, if we start to tell people what color they have to have their buildings. MR. MACEWAN-That's right. MR. HARLICKER-No to send it out to the public, but what about to the Town Board? MR. BREWER-No to send it to the Town Board. MR. MACEWAN-My position is no to sending it to Blockbuster, and no to sending it to the Town Board. He can, but not as the Planning Board, no, that's what I'm saying. MR. RUEL-You want to hear about letters to the Town Board? I wrote a letter to the Town Board. The subject had to do with satellite antennas, and then later I heard from the Town Board, in a letter telling me that because I stuck my nose into it, that. when it comes up on the agenda, when this item comes up on the agenda, that I should abstain from voting. MR. MACEWAN-It should be noted that you were told by the Town Board, via the Town Attorney, right? MR. RUEL-Yes. How do you like that? MR. SCHACHNER-That's an interesting point. I mean, I hadn't thought about that, but to the extent, Bob, that you want to do this as an individual, and I have no trouble wit.h that whatsoever, it's actually true that if Blockbuster then made an application to the Board, you would likely have to abstain from that. MR. PALING-But that's Sometimes I have to That's no problem. okay. abstain I don't think that's a problem. for various legitimate reasons. MR. SCHACHNER-Yes, sure. I would never have thought of that if Roger hadn't brought that up. MR. PALING-All right. These are the letters I want to write. MR. OBERMAYER-So, basically, the Test of the Board agrees that it's a dead issue, Bob. MR. BREWER-It's a dead issue. - 83 - --- -- MR. PALING-All right. The suggestion has been made, which I totally endorse, that we attend some other Planning Board meetings in the area. The first opportunity will be the Colonie Planning Board on May 2nd, and we're going to go ahead, and this will have to be advertised as a meeting so we can travel as a group. MR. MACEWAN-What's the object Planning Board meetings? of attending another Town's MR. PALING-To learn. MR. MACEWAN-Learn about what? MR. PALING-Learn new methods, procedures, how to be gentlemen. MR. MACEWAN-It comes with experience. MR. PALING-Okay. The attendance, obviously, is optional, and I will be asking you later on. May 2nd is the date, and it's going to be in Colonie, and we'll go down as a group. We º-ª.D.. go as a group. We don't have to, but we can go as a group because it will be advertised as a meeting. We're probably going to go to Clifton Park second. MR. I~ACEWAN-It would have been a nice idea, one of the most educational and most useful tools that are available to us as a Planning Board is to attend some of these Planning Federation Teleconferences, but, unfortunately, George severed that. MR. PALING-What do you mean? Who severed what? MR. HARLICKER-Our buddy Pataki. MR. MACEWAN-The entire Office of Rural Affairs, effective January 15th, ceases to exist. MR. OBERMAYER-You could probably get the tapes sent to you anyway. MR. MACEWAN-There are some tapes that are available. MR. PALING-They had a series of Teleconferences here, seven or eight months ago. MR. MACEWAN-That's right, but George Pataki's budget cuts, the Off ice of Ru,' a 1 . MR. PALING-You didn't attend one of them. MR. MACEWAN-I've been to everyone of them. MR. PALING-I was there. I didn't see you. MR. MACEWAN-Do you want to see the certificates? Are you questioning me. They're repeated. Everyone who attends them gets a certificate for attending them. MR. PALING-All right. The next letter is from Lake George Park Commission, and they're going to hold a one day spring training session, covering subjects such as SEQRA update, environmental assessment, geographical information systems, site plan review, GIS for Lake George Park, Zoning and variances, scenic vistas and roadways, regional comprehensive planning, all other planning subjects. This is on, tentatively scheduled May 5th. It's a Friday. MR. BREWER-I can't go the 5th. MR. OBERMAYER-I don't know if I can go, either. - 84 - - "'-' ---../ '"'- MR. PALING-All right, that is, if anybody wants to think about attending that, let me know. The other one is May 2nd. What I'll do is ask you next meeting who wants to go to which. MR. BREWER-Why don't we discuss them in April? MR. PALING-We can do it then, too. Maybe there's going to be so many we have to get in line and we don't get in. May 2nd is a Tuesday. These guys meet every week. MR. BREWER-Can I ask a question now? MR. PALING-Yes. MR. BREWER-Mark, this thing with, I sent you a little note, for Stoì"ytown. MR. SCHACHNER-It looks like it'll miss by a day, right? MR. BREWER-It's done, right? 27th it's technically done. I mean, if we do it the 28th, the MR. HARLICKER-You could grant them an extension tonight. MR. BREWER-That's what my question was. MR. SCHACHNER-The other thing is, it depends on how your five years, and there are different ways. talking about one day to the next. you measure When 'lou're MR. BREWER-I've seen it, though, where one day, and it's. MR. SCHACHNER-I have, too, but I've also seen it where, as long as it was the same month, it was considered. MR. BREWER-I don't care either way, and I would ask if we were going to do this. MR. SCHACHNER-I mean, I take it that the applicant asked to be put off until next week? MR. HARLICKER-Right. MR. SCHACHNER-So if the applicant asked to be put off until next week, my feeling is it's their concern, not our concern. MR. BREWER-I would also ask, if we're going to do this next week, do we have a map of this thing, to show what they've done and what they're going to do? MR. HARLICKER-I think what they were looking for is to get on more as a discussion item. MR. SCHACHNER-So they're not even looking for a resolution. MR. HARLICKER-And then come back in, in April, for a formal. MR. SCHACHNER-One of the things I would suggest on this is, maybe just in an effort to avoid more litigation, since we know that the last thing that they did was litigated. I don't know that this will be or won't be, but it would be nice to have a map, as Tim's saying. It would be nice to have an environmental assessment form that talks about, I mean, even though this is just a, it's called an extension, but this is not just extending something a few months. This was an approval issued, as 1 understand it, this was an approval issued back in March of '90 for, basically, a sand and gravel extraction activity to go on for five years, and I don't know, are they talking about extending it for a month or five more years? It would be nice to have some information. - 85 - MR. PAL'" 's--~ l, it's my understandi ng¡at they I-<J,'"nt a 30 day extensiol'- ....0 f3repare fOì-, an explanation-Tor the 1ger requo~~~t for an exCension, but this one is limited to 30 day'ลก.....: MR. 5CHACHNER-A short term extension to allow them to don't think we need more information, if you want to torm extension. I don't care about that, but I think to do the long term, the real thing, the long term that, I think we need a lot more information. wOY' k . So I do a short if you want thing, for MR. PALING-Well, they'll be in, will they, Scott? You can pass that along to them? MR. BREWER-I still would like to see a map, if I could. MR. HARLICKER-Yes. MR. BREWER-Just to see where the outlines, where they're going to cut. I mean, who knows, they may come in and ask for the fivo years. MR. PALING-They've got to do some pretty extensive map, I think, to make it right. MR. MACEWAN-If they come in here next Tuesday, they're already a day over the clock. They're going to discuss this about their plans and wanting a 30 day extension to put together a plan for that, right? So they're going to come back in 30 days. That extension's already going to be up. We won't be able to make a decision. We're going to have to give them another short term extension. MR. OBERMAYER-Well, that's up to the applicant. MR. SCHACHNER-Yes. I agree with Jim. MR. PALING-They were supposed to be here tonight. help that. So, we can't MR. HARLICKER-So you're not going to give them the extension tonight? You're going to wait until next week? MR. OBERMAYER-Right. Next week. MR. HARLICKER-As Mark was saying, technically, their five years ends the 27th. MR. SCHACHNER-What 1 said was it depends how yoU measure five years, but I agree with what I think Bob just said, which is they were taken off the agenda tonight, and in fact, there were people heY'e for that item that were told, this won't be acted on tonight. So I don't think you should act on it tonight. MR. BREWER-And I'm thinking, if they have an attorney, see the 27th, man, I can tell you that they're going lets extend it to next Tuesday. Can we do that? a nd the}' to say, so MR. SCHACHNER-No. I'm not comfortable with specifically said, early on in the meeting, agenda. that, because you this was off the MR. MACEWAN-Right, and that's not fair to the public. MR. SCHACHNER-Just like Jim said, it's the applicant's nickel. That's right. MR. PALING-Okay. I don't know what the source was of the original call, because my information's at least second hand, but the Staff told me it's off the agenda, and, therefore, we took it off. - 86 - MR. HARLICKER-Yes. -~ey sent us a letter. "--' '---'"' MR. PALI!\t'..........They sent you a letteì", okay, and cance:~ it. aka,y. MR. OBERMAYER-How are we Story town? doing on the lawsuit, regarding MR. SCHACHNER-No word. I mean, last time I think I reported to you that all the papers have been submitted, and they have been, and that the ball is now in Judge Dier's lap to make a decision, and it is, and it still is, and he hasn't made any decision. MR. RUEl-Mr. Chairman, what is the status of Frank J. Parillo application? Did I miss that, or is that coming up? MR. PALING-No. It is still to come, but it's not within this meeting or the next. MR. RUEl-Okay. Now, the next meetings in April are, what, the 18th and the 25th? MR. PALING-Yes. I assume that it'll be, yes, the 18th and the 25th, and the site plan review will be on the 12th. On motion meeting was adjourned. RESPECTFULLY SUBMITTED, Robert Paling, Chairman - 87 -