Loading...
08-28-2012 (Queensbury Planning Board 08/28/2012) QUEENSBURY PLANNING BOARD MEETING SECOND REGULAR MEETING AUGUST 28, 2012 INDEX Site Plan No. 33-2012 Glenn Durlacher 1. Tax Map No. 296.9-1-13 Subdivision No. 6-2012 Pierre Rawlins 9. PRELIMINARY STAGE Tax Map No. 308.12-1-8 FINAL STAGE Subdivision No. 4-2012 DKC Holdings 16. PRELIMINARY STAGE Tax Map No. 308.12-1-7.1 Site Plan No. 49-2012 Royal Hospitality 21. Tax Map No. 288.8-1-5.2 Site Plan No. 50-2012 Executive Park West, LLC 22. Tax Map No. 301.8-1-31, 29 Site Plan No. 51-2012 C.R. Bard Catheter& Instrument Division 25. Tax Map No. 302.8-1-3, 4, 5; 302.7-1-43 Site Plan No. 52-2012 PW Campbell/TCT Federal Credit Union 29. Tax Map No. 289.15-1-6 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. (Queensbury Planning Board 08/28/2012) QUEENSBURY PLANNING BOARD MEETING SECOND REGULAR MEETING AUGUST 28, 2012 7:00 P.M. MEMBERS PRESENT CHRIS HUNSINGER, CHAIRMAN DONALD KREBS, SECRETARY PAUL SCHONEWOLF DONALD SIPP THOMAS FORD STEPHEN TRAVER BRAD MAGOWAN LAND USE PLANNER-KEITH OBORNE STENOGRAPHER-MARIA GAGLIARDI MR. HUNSINGER-I'll call to order the meeting of the Town of Queensbury Planning Board on Tuesday, August 28, 2012. We have three tabled items on the docket this evening. The first one is Glen Durlacher. SITE PLAN NO. 33-2012 SEAR TYPE II GLENN DURLACHER OWNER(S) JOHN MILLER ZONING CM-COMMERCIAL MODERATE LOCATION STATE ROUTE 9-VACANT PARCEL NEXT TO 1048 STATE ROUTE 9 APPLICANT PROPOSES WOOD CARVING SCULPTURE AND DISPLAY. NEW RETAIL USES IN A CM ZONE REQUIRE PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE NONE FOUND WARREN CO. REFERRAL YES LOT SIZE 1.06 ACRES TAX MAP NO. 296.9-1-13 SECTION 179-9 GLENN DURLACHER, PRESENT MR. HUNSINGER-Keith? MR. OBORNE-Yes, this is Site Plan 33-2012, Glenn Durlacher is the applicant. New retail uses require Planning Board review and approval. Location is Route 9, vacant parcel next to 1048 Route 9. Commercial Moderate is the zoning. This is a Type II SEAR. Parcel History, none found at this point. Project Description: Applicant proposes wood carving sculpture and display fronting on State Route 9 south of the Adirondack Audio building. Staff comments: The applicant proposed to utilize the front portion of the 1.06 acre parcel for display, sale, and creation of stump carved sculptures. Access as well as on-site parking appears to be adequate. Waivers for stormwater requested. What follows is site plan review basically focusing in on vehicular and pedestrian safety. There's a spotlight on the plan, but I think Glenn can talk about that. Existing landscaping also, and I know that Glenn plans to erect, if approved, eventually a tent, but that will require an area variance in the future, and with that I'd turn it over to the Board. MR. HUNSINGER-Okay. Thank you. Good evening. MR. DURLACHER-Good evening. MR. HUNSINGER-If you could identify yourself for the record. MR. DURLACHER-Glenn Durlacher. MR. HUNSINGER-Did you have anything that you wanted to add? MR. DURLACHER-Basically, well, I am a wood sculptor. I was at 894 State Route 9 for two years. I am looking to set up a display of sculptures. Most of my work, probably 90% of my work, is on site stump work, where I go on location and create different works of art, whatever, for customers, a lot up on Lake George and Lake Placid and in the Adirondacks. So my display there is mainly to show kind of the variety of what I do and the quality of what I do. I am not a chainsaw schlepper that sits there and does bears. That's not really what I'm into doing. I was just written up by the Post Star Post Standard, old Post Star, about a stump carving I did up on Assembly Point. So that's mainly what I do, like a painter. I go around and do work. Also my advertising is for, I advertise in The Chronicle and also in the Lake George Mirror for stump work. As far as, I was not able to come last time because I had a death in the family and I heard that some of the neighbors in the area had concern about noise, and wanted to fully address those issues. Should I do that now? (Queensbury Planning Board 08/28/2012) MR. HUNSINGER-Yes. MR. DURLACHER-Well, mainly, and I brought a saw outside. The saws that I use are smaller saws, to start with. They're a little under 90 btu's. I don't use the big heavy saws because mainly they're too heavy and they really make too much noise, and I really don't plan to be there that much. Most of the time I'm going to be working on site, and as far as, what I also did, after I heard there was some concern about the noise, I went and started two of my saws that I use most of the time, and I had someone start them right about where I was and I went up on Twicwood and couldn't hear anything. The saws are like lower decibels, did I say btu's before? Decibels, I'm sorry, lower decibels than really the traffic noise on the road. Also, what I did was show, and I have these drawings, not drawings, but I mapped out like there's at least 400 feet of woods between where I'm, and a high fence between my location and the closest existing house, and I also want to note that, in the two years that I was on 894 State Route 9, where there were houses and businesses all around, I got not one complaint, and I called the Town today and spoke to Sue to see if there were any complaints about noise or, and there was none whatsoever, and these, and there were businesses within 100 feet with no trees. MR. FORD-Glenn, I have a question. You say you had a representative start up a couple of the saws, were they actually cutting into anything, or did they just, they were just running the saws? MR. DURLACHER-No, he just revved them. He revved the saws while I was on the phone. I could hear nothing. You can't, because it's so, there's 400 feet of woods. You couldn't hear anything. I did have him start up the large saw and you could hear it a little bit, but I never use it. MR. FORD-Would you agree that it makes more noise when you're actually cutting into wood than not? MR. DURLACHER-No. It's the revvs on the chainsaw, not the wood. MR. SCHONEWOLF-What would your hours of operation be? MR. DURLACHER-I would not have any standard hours. Mainly, I would probably be there, it's mainly there for display. I'll probably, I might carve like, like now, I might carve like 11 to 3, a couple days a week. MR. KREBS-You wouldn't mind having a restriction that said that you couldn't run the saws after 5:30 in the afternoon? MR. DURLACHER-Well, the problem is, too, the issue is not that it's, they don't make enough noise to, I won't, let's see, I mean, sometimes during the summer I might work until seven, but if they're not making the noise, I mean, you couldn't hear it at all. MR. KREBS-The only thing I'm going to tell you is that I lived at 38 Twicwood for 12 years, and I could hear The Great Escape, and there were acres and acres of woods behind my house going to, so the sound does travel, even through. MR. DURLACHER-Well, maybe because it was higher, you know. MR. MAGOWAN-Well, that was the concern of really the neighbors here in the last meeting, because I had all the comments that I wrote down. MR. DURLACHER-Right. MR. MAGOWAN-And also growing up, I was even further out on Greenwood, it was basically looking over Great Escape, all right, and I still could hear the go karts and the noise going up Route 9, the speakers in the play land. So I know how the sound travels because you are up higher. MR. DURLACHER-Right. MR. MAGOWAN-And I'm further back, and I'm not talking The Great Escape noise. I'm talking the Route 9, and I'm the furthest away, you know, was the furthest away when I lived there, you know, my folks still are there, so I know the concerns that the neighbors have had, you know, with the noise, and, you know, it's easy to say that it's only 90 cc and it's not loud, and this is not what I'm going to do, but to sit there, you know, it's really for the people in the neighborhood, it just, they're bombarded by all sides, and it they have been for many years because there's always sound people up there taking sound checks for the noises all around, and I know that was their main concern, and a chainsaw does have, you know, even though it's a lower decibel, (Queensbury Planning Board 08/28/2012) 90 cc, it still has that, you can hear that, you know, far, far away. So that's my, you do beautiful work. When you were up there, well, you were down across from Wal-Mart, right? MR. DURLACHER-Right. MR. MAGOWAN-For a long time, too. That's not as dense as development. There might be a house or two, but you are further back. You're also right on a major thoroughfare of Route 9 where you have four lanes, you know, in both directions. So there's a lot of other drowned out noise in that, and then you were up at Blue Moose. MR. DURLACHER-Yes,just for display mainly. MR. MAGOWAN-But like I said, once again, you weren't in a dense neighborhood, and I know that Twicwood has taken a pounding on noise for years, and it's just not the saws. Like I said, you've got the go karts, you've got the Pirates Cove. You've got, you know, and all those noises just come up over the hill. MR. DURLACHER-Well, I mean, like, again, most of, like last summer when I was at 894 State Route 9, 1 probably was there, out of the whole summer, I was probably there maybe like five days, you know, so out of those five days how many days did I work until seven? Maybe one. So, could I come up with some kind of restriction as to how many days, maybe a month, I hardly ever work that late, but. MR. MAGOWAN-Well, no, I understand that, but like I say, probably, and then what happens if things take off and then the next thing you know it does happen? Not that I want, but, you know, it's kind of a delicate, you know, what do you do? We don't want to cut into your business, but we also don't want, you know, the neighbors calling the Town constantly complaining. MR. DURLACHER-Yes, well, all I know is like, I mean, I have it, there's at least 300 feet of woods, and maybe I could put up a, you know, a higher fence, like a soundproof fence or something, but, again, I have a big, big saw that if I have to like on location cut a log and use for five minutes, I started that, and you could hear that. The other ones you could not hear at all. So, that's. MR. SCHONEWOLF-I don't know what size saws you were using, but I live about 100 yards away from where you just finished up on Assembly Point, with that bear that you carved, okay. MR. DURLACHER-Yes. MR. SCHONEWOLF-And I could not tell the days you were there and the days you weren't. You were in and out of there for about three weeks or longer. MR. DURLACHER-Right. MR. SCHONEWOLF-Because that was a, I can't imagine those saws would bother anybody. Nobody complained that I know of. MR. DURLACHER-Yes, well, that's what I'm saying. I mean, like when I was even on State Route 9, 1 mean, 894, 1 had businesses right there, right next to me, and the largest saws almost make twice the amount of noise, you know. MR. SCHONEWOLF-Were you using small sizes? MR. DURLACHER-Well, I have one out there. I mean, I can bring it in and show you, put it right by the door. Would you like to see it? MR. SCHONEWOLF-No. Whatever you were using. MR. MAGOWAN-I'd say crack it open. MR. FORD-I'd like to hear it. MR. DURLACHER-I don't know, Keith, do you think that's allowed? MR. OBORNE-Of course. MR. HUNSINGER-That would be all right with me. (Queensbury Planning Board 08/28/2012) MR. DURLACHER-I'll just show you anyway. I mean, this is the size. This is what I use, like 90% of the time, you know, and it's literally probably 1/3 of the noise that a large saw makes. Like with the large saws, if you were 100 feet away, you'd still be, I won't start it up in here. MR. FORD-Could you start it up outside, please? MR. MAGOWAN-Keep the door closed so we can just get a. MR. DURLACHER-I'll go to the end of the parking lot. MR. MAGOWAN-Okay. MR. OBORNE-Once he gets it going, I'll pop the door open. MR. HUNSINGER-Yes, good. MR. SIPP-He's cranking it up. MR. SCHONEWOLF-If that bothers you, you've got something wrong with you. MR. TRAVER-Well, I think he's closer now than the property. MR. KREBS-When I was reviewing this information today, I thought of something that's kind of funny, because I was going to accuse Glenn of providing us false information because the person in this picture is one third today of what he was then. MR. DURLACHER-How was it? MR. SIPP-Is the large saw a steel also? MR. DURLACHER-That's a Husqvarna. MR. SIPP-A Husqvarna. MR. DURLACHER-Trying to give what's his name some business. MR. SIPP-Swedish. MR. DURLACHER-Yes, it's a Swedish saw, but a lot of what I do involves hand carving with chisels and these electric grinders, you know, to get the detail, because I don't really actually like using chainsaws. MR. MAGOWAN-So, on a worst case scenario, what do you think the maximum amount of cutting that you'd be doing on the site? MR. DURLACHER-Like a week or a month? MR. MAGOWAN-Well, no, like how many carvings do you think you'd do? Like I said, I don't ever remember seeing you at the other places, you know, because I've always looked at over and looked at your different sculptures. MR. DURLACHER-Let's see. This summer I've done like, let's see, four, three or four carvings. MR. MAGOWAN-All right. So on a worst case scenario, seven carvings at the most? MR. DURLACHER-Yes, probably. I mean, I hate to limit it, but, what, over like just the summertime? MR. MAGOWAN-Yes, because, I mean, what is your season? Because, you know, sounds going to travel more once the leaves are down. MR. DURLACHER-Right. Well, again, most of what I do is on site work, that's what I prefer to do. MR. MAGOWAN-Well, it's easier to move them that way, too. I mean, get the stump there and then carve it. MR. DURLACHER-No, the stump is already there, the stump is already in the ground. I mean, like this carving here, which was done, do you have these? (Queensbury Planning Board 08/28/2012) MR. MAGOWAN-Yes. MR. DURLACHER-Which was done up in Bolton Landing, and I have one up by the Sagamore. That's usually what I do, but as far as, it's hard to put an actual number on it. Because sometimes they're smaller and I don't use the chainsaw but for five minutes. So there's actually a, there's this horse sculpture and it's 90% by hand. MR. MAGOWAN-But you'll say the majority of the large projects will not be on site then? MR. DURLACHER-Correct. I don't make big bears for people to take away. MR. HUNSINGER-So you said you prefer to use electric grinders and shapers. Is there electricity on site? MR. DURLACHER-I have a, there's no electricity on site. I'm going to be working with the landlord to get a line to come in, but I also have a little generator. MR. HUNSINGER-How loud's the generator? MR. DURLACHER-Not loud, just one of those little quiet things. MR. HUNSINGER-Because that was the other thing we kind of talked about at the last meeting, you know. MR. MAGOWAN-Is it a Honda four stroke? MR. DURLACHER-What's that? MR. MAGOWAN-A Honda four stroke? MR. DURLACHER-It's a Honda. I don't know what, you know, but I'm planning to just have a line brought in so I can have lighting and once I get approval for the tent I want to put some lighting out on the sculptures so that you can see them at night. MR. SCHONEWOLF-What was the hand tool you were using for the fine carving, was that a Dremel? MR. DURLACHER-Sometimes Dremel hand chisels, mallet and chisels, because you have the control. Dremel's are good, too. It just really depends what you're using it for. I have to use like dye grinders and these other, like a circular grinder which is good for like making muscles. MR. SIPP-How old are these saws? What's the age on them? MR. DURLACHER-How old are the saws? They're about, like one's a year old and the other ones are a year or two old. MR. SIPP-After three or four years. MR. DURLACHER-Yes, they kind of seize up after, you know, because the ones that I have are not made for what I do. They're not professional saws. MR. SIPP-Yes, the only thing that the EPA is after is that anybody operating a saw has ear protection. MR. DURLACHER-Yes. MR. SIPP-Because the newer ones are quite, they get into the 75 decibels. MR. DURLACHER-Yes, well, I wear ear protection. I have these, actually stuff like sawdust, like big painters masks to, you know, to prevent, you know, I don't want to inhale sawdust. MR. HUNSINGER-Other questions, comments from the Board? We do have a public hearing scheduled this evening. Is there anyone, were you here to speak at the public hearing? Yes. Anyone wishing to address the Board, I would ask that you direct your comments to the Board. If you could state your name for the record into the microphone. We do tape the meeting and then the tape is used to transcribe the minutes. So if you could speak clearly into the microphone and address your comments to the Board. Ma'am do you want to be first? Good evening. (Queensbury Planning Board 08/28/2012) PUBLIC HEARING OPEN LINDA MC NULTY MRS. MC NULTY-Good evening. I'm Linda McNulty. I have one more page of signatures to go with the petition that we have. MR. HUNSINGER-Okay. Why don't you start it down there. We can all look at it and we'll give to Staff for the record. MRS. MC NULTY-We live at 14 Twicwood Lane. We also own the Lot 16 Twicwood Lane. I would like to have you keep in mind that there were comments at the June 21St public hearing regarding the fact this should be going into an industrial area not next to a residential area. The fact that there's 400 feet of woods is incorrect. There may be, on that particular lot, I don't know how much clearing is going to have to be done on that lot in order to accommodate this project. We have approximately 100 feet behind our two lots, and the businesses on the back side of our lots. We abut the Sutton's property and the Audio sound place. It really is not something that I want to listen to, whether it's from eleven o'clock in the morning until three o'clock in the afternoon or however many hours. They're hours that I would like to be out in my yard gardening or sitting on my deck reading and not have to listen to this noise. It's absolutely ridiculous the amount of invasion we've had and the lowering of our property values because of the noise in there. This would be just one more, and as far as working on large sculptures, he does. He had a crane that brought in probably about a 10 foot high log and worked on it across from Wal-Mart. I had often wondered how he got the large ones in there, and I happen to by going by one day. So he does do extensive carving. It's one thing to listen to it for a part of a day, for one day only. It's another thing to have it frequently or even infrequently but on a regular basis. So I really would like to see the Town direct him to a non-residential area. Thank you. MR. HUNSINGER-Thank you. Anyone else? Anyone else that wanted to address the Board? Any written comments, Keith? MR. OBORNE-Yes, I do have a citizen's petition. "This petition signed by residents in the Twicwood neighborhood in the Town of Queensbury, the area most affected by the proposal under review, respectfully request the Queensbury Planning Board to reject the business plan embodied in `Site Plan No. 33-2012 SEAR Type 11 Glen Durlacher' because of the threat it poses to the level of peace and tranquility expected and currently enjoyed within their community." (lost word) that portion of the citizen's petition I count 58 signatures on this, and then you'd add whatever is there to that. Let me make sure I don't have any others. I believe this is it, and that's all I have. MR. HUNSINGER-Okay. Thank you. If no one else wants to comment, I will then conclude the hearing for this evening. MR. DURLACHER-Unfortunately I wasn't here to address the concerns before, but how did they know what chainsaws I use and so they're getting, acting on a petition that they don't really know what size saws that he used. There's so many, you know, again, there's probably, it looks to me like 300 feet of woods, and so they got a petition together without really having any knowledge as to what I was using. What if I used, I happen to use these grinders all the time, you know, a lot. So if I was, you know, I could see if there were houses right behind it and I was using the big saw all the time, and still, like the businesses, you know, reiterate that when I was at 894 State Route 9 there were businesses all around me that were there all the time without really ever being a complaint, and the gal, I forgot her name, but she talked about this big tree that I used. In fact, that, the tree doesn't mean you're using a large saw. In fact, that tree that I carved was with that saw there. It was a face on, you know, so. MR. FORD-Glenn, could you address the issue of, will there be clearing on the lot at this point? MR. DURLACHER-There will be absolutely no clearing on the lot. There's no clearing on the lot. I'm going to make a display in the front, just decorate it nice so you can set the sculptures out. MR. FORD-No brush will be cut, no trees will be cut? MR. DURLACHER-No trees will be cut, unless I run out of wood. No, but, I mean, but the front area will be a display like in the picture where it was on Route 9, just landscaped with some rocks and plants and mulch and so forth. (Queensbury Planning Board 08/28/2012) MR. SCHONEWOLF-I don't have a problem, but I would suggest that we do put a condition in that carving on, I don't want to say on site, because on site to him means at a customer's house, but on that site, be restricted, be ended by five p.m. I think if you did that, nobody, he's running a business just like everybody else is up there and he's entitled to run it and I know he doesn't, from experience, just luck that I saw what was going on this summer, so I know he doesn't make a lot of noise, but I think that kind of business I think five o'clock, normal business hours would probably be a good time to end. MR. DURLACHER-I really wouldn't have a problem with that. MR. SCHONEWOLF-That's just my opinion. MR. DURLACHER-Yes, okay. MR. HUNSINGER-Any other comments from the Board? MR. TRAVER-Would it be possible, on this particular site, for you to avoid having to use the large saw? Could you restrict your work to the small saws on the site? MR. DURLACHER-I bet I would use the, if I were to use the large saw, it would be maybe five minutes every two months. It sits in my truck in case I have to like level or if I have a large tree that I have to lop off on location, but. MR. TRAVER-I'm not talking about on location. I'm talking about the area that you're talking about here, the display area. Not location, but the display area. Can you avoid using a large saw and restrict your tools to the small saws only and the electric equipment that you mention? MR. DURLACHER-I can. I mean, would it be unreasonable like to do it like I might, I would say I would not use it at all, then. MR. TRAVER-Thank you. MR. HUNSINGER-Any other comments, questions from the Board? MR. DURLACHER-Another thing, the motorcycles going up and down make more noise than, you can't stop the motorcycles and, you know. MR. HUNSINGER-What's the feeling of Board members? MR. SCHONEWOLF-I think you put those two conditions to it I think it's fair. MR. FORD-Approve with conditions. MR. MAGOWAN-Glenn, just so you understand. It's really not, you know, the motorcycles noise, the chainsaw, like I stated before, it's really the constant noise that Twicwood has heard over the years, and like I said, it's frustrating a lot for the people on Twicwood. MR. DURLACHER-Right. MR. MAGOWAN-That is, you know, that's always had to endure, you know, it's just frustrating. You're coming in, you know, with a little bit more noise. MR. TRAVER-It's a cumulative. MR. MAGOWAN-The motorcycles are one thing. That's something, you know, that just happened. The constant, like I said, especially with the go karts and that across. They ended up changing some mufflers in the go karts at one time. I don't think they've come out with a four stroke chainsaw yet. MR. DURLACHER-Right. Well, I understand, you know, what, I'm about being polite and considerate. Again, I was up across from Wal-Mart there and there were people all around. I don't do it at nine o'clock, I wasn't carving at nine o'clock in the morning or eight o'clock in the morning or, and what I'm proposing to do is I'm mostly likely going to be hardly there anyway. So, I can certainly restrict. MR. MAGOWAN-It's not, like I say, a day to day thing that you're going to be out there doing. MR. DURLACHER-No, that's what I'm saying. (Queensbury Planning Board 08/28/2012) MR. MAGOWAN-As I understand you're just out there to present your wares. MR. DURLACHER-Right, I'm not a chainsaw schlepper that sits and does 9,000 bears. That's really not what I'm about. I'm more about displaying work so I can get on site jobs. MR. HUNSINGER-Any other comments, questions from the Board? Did you want to put forth a resolution? It's a Type I I SEAR. I didn't close the public hearing, did I? MS. GAGLIARDI-No. MR. HUNSINGER-I will close the public hearing. PUBLIC HEARING CLOSED MR. HUNSINGER-It's a Type II. RESOLUTION APPROVING SP #33-2012 GLENN DURLACHER A site plan application has been made to the Queensbury Planning Board for the following: Applicant proposes wood carving sculpture and display. New retail uses in a CM zone require Planning Board review and approval. A public hearing was advertised and held on 6/21/2012, tabled to 8/28/2012; This application is supported with all documentation, public comment, and application material in the file of record; MOTION TO APPROVE SITE PLAN NO. 33-2012 GLENN DURLACHER, Introduced by Donald Krebs who moved for its adoption, seconded by Paul Schonewolf: 1) Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9- 080, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; 2) Type II SEAR; 3) Waiver requests granted: stormwater management; 4) Carving is limited to 9 a.m. to 5 p.m. and only small saws will be used on 1048 State Route 9; 5) Final approved plans, in compliance with the Site Plan, must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building and Codes personnel; 6) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work; 7) Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution. Duly adopted this 28th day of August, 2012, by the following vote: AYES: Mr. Schonewolf, Mr. Sipp, Mr. Ford, Mr. Krebs, Mr. Traver NOES: Mr. Magowan, Mr. Hunsinger MR. HUNSINGER-You're all set. MRS. MC NULTY-I have a question. Shouldn't something have been put in that resolution to address no clearing? MR. OBORNE-No, I don't believe so. The site plan doesn't show any clearing. MR. HUNSINGER-Yes, and he said there wouldn't be any. MR. TRAVER-Yes, it is part of the record, the applicant stated there would be no clearing. (Queensbury Planning Board 08/28/2012) MR. KREBS-And for him to do any clearing, he would have to come back for a change to the site plan. MR. DURLACHER-Thank you. MR. HUNSINGER-Yes, you're welcome. MR. FORD-And, Glenn, our condolences to you for the loss of your family member. MR. DURLACHER-Yes. No, thank you very much. SUBDIVISION NO. 6-2012 PRELIMINARY & FINAL STAGE SEAR TYPE UNLISTED PIERRE RAWLINS AGENT(S) VAN DUSEN & STEVES OWNER(S) SAME AS APPLICANT ZONING MDR-MODERATE DENSITY RESIDENTIAL LOCATION WEST & EAST DRIVE APPLICANT PROPOSES SUBDIVISION OF A 0.71 ACRE PARCEL INTO TWO LOTS OF 0.34 AND 0.37 ACRES. SUBDIVISION OF LAND REQUIRES PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE AV 31-12 LOT SIZE 0.71 ACRES TAX MAP NO. 308.12-1-8 SECTION CHAPTER A-183 MATT STEVES, REPRESENTING APPLICANT, PRESENT MR. HUNSINGER-Keith? MR. OBORNE-Yes. This is subdivision basically now on East and West Drive. This is Preliminary and Final subdivision, Subdivision 6-2012 for Pierre Rawlins. Moderate Density Residential is the existing zoning. SEAR status is Unlisted. Long Form should be part of your application there. Project Description: Applicant proposes subdivision of a 0.71 acre parcel into two lots of 0.37 and 0.34 acres respectively. Subdivision of land requires Planning Board review and approval. Staff Comments: Highway Superintendent has commented on the proposed West Avenue extension, see attached memo for the Rawlins subdivision. The applicant has requested waivers from Sketch plan, landscaping, clearing plan, topography, erosion & sediment control and grading plan. Additional Comments: Location of leach-field on Lot 1 should be denoted, if they haven't already. Endangered Species and Historic Preservation documentation required. I think we'll discuss that, and house site location and drive should be discussed as comments at previous meeting by the applicant's agent suggest changes are required. Area Variance 31-2012 resolution is attached and that has to do with the lot size relief that was required, as well as road frontage relief, and both were approved at the July 18, 2012 meeting, and with that I'd turn it over to the Board. MR. HUNSINGER-Thank you. Good evening. MR. STEVES-Good evening. Matt Steves, again, representing Pierre Rawlins on this application. It's been before the Board a couple of times. We've gone through this. Nothing has really changed. He did give me the information on his existing septic, and with any other conditions that this Board may wish to impose on the application. We will have that on for the final mylar for signature. It does comply with the setbacks of the existing lot line and proposed lot line, and as far as Staff has commented on, we did get the okay, as we discussed with this Board before, with the Highway Superintendent for extending the road. We set that distance at that particular, I think it was 20 feet, wasn't it, Keith? MR. OBORNE-Yes, that's my understanding. MR. STEVES-And we went through, one of the questions last month, we were trying to get into SEAR, and I don't know if Keith brought that up or not, was the fact of the State Historic Preservation Office. We did get a hold of them. I forwarded the e-mail and the phone call directly to Keith, that their position has been and always will be that they do not respond to our letters if it's only for SEAR. Only if there's another State agency involved, because otherwise they said that the thousands, when they get in, they would never have time to get through them all, and that's what SEAR is about, supposedly, for the Board to make a determination, and they said for a two lot residential surrounded by a mobile home park, they wouldn't even respond to the Town at that point, that was quote unquote. MR. SCHONEWOLF-That's how important they thought that was. MR. STEVES-Correct. MR. HUNSINGER-That was the big issue that we tabled it for. (Queensbury Planning Board 08/28/2012) MR. STEVES-1 mean, you can ask Keith just to make sure he agrees with my statement that's exactly. MR. OBORNE-It's anecdotal to a certain extent because I didn't hear it, but obviously this is the surveyor for the project. I mean, he's representing the applicant and I have not had any discussions, but it is consistent with what we deal with on other Planning Boards. They don't respond. They just don't respond. MR. HUNSINGER-Yes. Well, you said there was an e-mail. MR. OBORNE-Well, there was an e-mail between, well that was for DKC, though. MR. STEVES-That was for both parts. MR. OBORNE-It was for both, which is in the same neighborhood, it's on the same road. MR. HUNSINGER-Yes. MR. OBORNE-So, I mean, we're kind of doing this joined at the hip so to speak. MR. HUNSINGER-Right. MR. OBORNE-And, yes, it basically states that, you know, we're not going to respond, and I think it was commonsense, something along those lines. MR. STEVES-Correct. MR. HUNSINGER-Suggests we're not going to respond? MR. STEVES-No, and I don't want to stay on the subject for too long. I sent them an e-mail. I called them, they called back. They sent an e-mail to me so that I had something to forward to the Staff, and what she said, it was a lady that's in charge of Warren/Washington/Saratoga Counties for the State Historic Preservation Office, and said when they go through SEAR, the way they look at SEAR is that the Board is supposed to use their approach of commonsense to say that if you're, and this is quote unquote, if you were doing a two lot subdivision next door to Fort William Henry, you probably want to have somebody come up and take a look. If you're doing a two lot subdivision that is surrounded by existing residential and/or commercial properties and the disturbance has already been in place, you probably aren't going to have any reaction or action at all from State Historic Preservation and she said one of the things that they see a lot of is that the structures over 50 years old, they're looking for primarily structures over 50 years old in the vicinity of the site, and she said that does not include older mobile homes and/or industrial properties, and that was, again, a quote unquote. MR. OBORNE-And what I do have, also, is a sign off from Jeff Hayden on the DKC parcel with concerns to endangered species. So that's taken care of. The way that we're approaching this is that they are adjacent to each other. MR. HUNSINGER-Right. MR. FORD-Right. MR. OBORNE-So that's where we're at. MR. HUNSINGER-Okay. MR. OBORNE-1 mean, I would recommend, if you're going to go forward. MR. FORD-How did you come up with this for DKC? MR. OBORNE-What, the endangered species? MR. FORD-Yes. MR. OBORNE-Matt made a, he asked if there were any endangered species on the DKC property up in Warrensburg, and that was responded to. MR. HUNSINGER-Yes. MR. STEVES-And the general vicinity, because we told them we're working on both properties. (Queensbury Planning Board 08/28/2012) MR. HUNSINGER-Yes, DEC's different than SHPO, obviously. I just find it kind of comical because we had a situation with another project recently where, because of the SWPPP, it mandates a response by SHPO. MR. OBORNE-It does. MR. STEVES-Correct. MR. HUNSINGER-Which I always kind of thought was a backdoor way for them to require a response. MR. OBORNE-Yes. MR. HUNSINGER-And then when we actually ask for it they won't give us one, saying use commonsense. MR. STEVES-And I agree, and like you said, I sat here in front of this Board last time and I said I'm in the same position you're in. So I finally just said, you know, I've sent, over the last two years, I can't tell you how many countless requests to them for SEAR determination and I've never heard anything back because of the fact that they do not respond, and that was the quote unquote do not respond to SEAR, only if it is sent by the municipality to them, and then very rarely because of the fact that they only, really only get involved if other State agencies or Federal agencies have to permit the project. Then they're mandated to look at it, then they'll look at it. MR. HUNSINGER-Right, and that is consistent with what they did on the Owl's Nest. MR. OBORNE-Yes. MR. HUNSINGER-They basically said unless you're using Federal money we don't care. MR. OBORNE-Right. MR. STEVES-Correct. MR. HUNSINGER-1 paraphrase. MR. OBORNE-The SPDES permit obviously deals with disturbance over an acre. MR. HUNSINGER-Right. MR. OBORNE-So that kind of makes commonsense kind of. MR. STEVES-And that's what they were alluding to, basically. MR. HUNSINGER-Yes. Okay. MR. TRAVER-So for the questions relating to that on SEAR, we just say we don't know or we were unable to get the information from the? MR. OBORNE-Well, from a historic and archeological point of view, if you don't have any issues with this, from that point of view, then, you know, you're fine. If you have issues, then the Board, as a Board, should request that documentation from SHPO. MR. TRAVER-Well, I guess I'm just wondering. How can we report that there's not an issue if there's, you know, an archeological site there and we just don't know it? We just want to say we don't know the answer to that question, basically. MR. OBORNE-They're non-responsive. MR. STEVES-I'm not going to tell you how to answer the question, but what they're telling me is that what Keith just said. If there's an acre or more of disturbance that's going to be associated with the site, then they want to look at it. Under that, they won't even look at it. MR. TRAVER-No, I understand the procedural, I understand them not wanting to invest the resources or whatever, but when we're asked a question for SEAR review, we cannot say, I don't see how we can say well, no, there's no archeological, for example, issue there, because we don't know. We'd have to say we don't know, we're unable to answer that question.