1991-08-13 SP
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CJJEEIISIIJRY PLANNING BOARD tEETING
SPECIAL tEETING
AUGUST 13TH. 1991
INDEX
Site Plan No. 14-90
Attractions Land. Inc. (Roller Coaster)
A combined public hearing on said site plan review
application and Draft Environmental Impact Statement
1.
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.
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CJJEEIISIIJRY PLAIIIIIIG BOARD IEETING
SPECIAL IEETIIIG
AUGUST 13TH. 1991
7:00 P.M.
JÐ8ERS PRESEIIT
PETER CARTIER. CHAIRMAN
CAROL PULVER. SECRETARY
TI MOTHY BREWER
EDWARD LAPOINT
JAMES HAGAN
JAMES MARTIN
tEMBERS ABSEIIT
NICHOLAS CAIMANO
DEPUTY TOWN ATTORNEY-KARLA CORPUS
TOWN ENGINEER-RIST FROST. REPRESENTED BY TOM YARMOWICH
TOWN PLANNIIIG DEPARTtENT-REPRESENTED BY JOHN GORALSKI
STENOGRAPHER-MARIA GAGLIARDI
CORRECTION OF MIfllTES
July 11th. 1991: Page 13. two thirds of the way down. Bartlett speaking. not with certainty of course.
and we understand this. Mr. Hagan spoke. then the next paragraph quotes Mr. Hagan. and it sib Mr.
Bartl ett
Jl)TION TO APPROVE MIfllTES OF JULY 11TH. 1991 AS CORRECTED.
Duly adopted this 13th day of August. 1991. by the following vote:
AYES: Mr. Hagan. Mr. LaPoint. Mrs. Pulver. Mr. Martin. Mr. Brewer. Mr. Cartier
NOES: NONE
ABSENT: Mr. Caimano
OLD IIJSIIIESS:
SITE PLAN REVIEW 110. 14-90 TYPE: UNLISTED RC-15 ATTRACTIONS LAND. INC. OIlIER: SAlE AS ABOVE (ROLLER
COASTER) ROOTE 9. LAKE GEORGE ROAD TO ERECT A 91 n. HIGH ROLLER COASTER ON THE FORJER CMPGROOND
SITE AT THE GREAT ESCAPE. (IIARREII coom PLANNING) TAX IMP 110. 36-2-7 LOT SIZE: 2.2 ACRES SECTION
179-21 A COMBIIIED PUBLIC HEARING ON SAID SITE PLAN REVIEW APPLICATION AID DRAn EllVIROIUEIITAL I"ACT
STATEtEIIT (DEIS) ifILL BE HELD ON AUGUST 13. 1991.
MR. CARTIER-Just so we're on the same wavelength. here. if I can use that term. I want to spell out
the purpose of why we're here tonight. We're here to conduct a public hearing on the State Environmental
Quality Review Act and along with that a public hearing on the site plan application. So we are going
to collect comments from you this evening. The public comment period on the environmental portion
will remain open until August 23rd. You will have until August 23rd to submit any further written
comments with regard to the Draft Environmental Impact Statement. after which the Planning Board will
provide the applicant with a list of items he is to further address in the Final Environmental Impact
Statement. and right now. tentatively. we will probably be meeting on August 27th. The public hearing
for the Site Plan will remain open until the final disposition of this appl ication and I have no idea
when that will occur. There will, be no votes taken tonight. I want the public to understand that
we are not voting on anything this evening. We are simply taking the comments from the public. and
we will give the applicant time at the end of the meeting to respond to any comments that were made.
should he so desire. If you wish to speak. I would ask you to raise your hand so I can identify you.
Come to the microphone. State your name and address. If you are representing someone or a group of
people. you will please indicate that also. If you have letters that you've submitted and you prefer
to read those into the record. please feel free to indicate that. We'd be delighted to have you read
your letters into the record. The applicant has asked to make a brief opening statement. I'll open
a public hearing at this point.
PUBLIC HEARING OPEIIED
DICK BARTLETT
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MR. BARTLETT-Thank you. Mr. Chairman. Members of the Planning Board. Ladies and Gentlemen. I'm Dick
Bartlett. appearing on behalf of the Great Escape. in connection with the application for the approval
of a roller coaster. I simply wanted. at the outset. to say that following the July 11th hearing on
the approval of the completeness of the DEIS. it was suggested by some that it would be appropriate
to have an information meeting for people interested in the application and we did just that on August
1st. We held a meeting and representatives of the neighbor of the residents of the neighborhood and
the businesses in the neighborhood were invited to attend. We had our sound person there and our traffic
person there to answer questions and I just wanted the Planning Board to know that we had followed
that suggestion and held that meeting. Thank you.
MR. CARTIER-Thank you. At this time. what I'd like to do is get the letters' that have been addressed
to the Board read into the record. Mr. Goralski has kindly offered to read those.
MR. GORALSKI-The first letter is from John Whalen. to Peter Cartier. dated August 9. 1991. "Dear Mr.
Cartier: I am a resident of the Town of Queensbury and own 40 acres of land adjacent to the Great
Escape. and only 288 feet from the proposed roller coaster site. I attended last year's Planning Board
hearings. and objected to the noise levels this roller coaster would generate on my property (see my
letters dated 2/26/90. 3/27/90. and 4/10190). The Queensbury Planning Dept. acknowledged my concerns
in their Draft Scoping Document of 4/23/90. by John S. Goralski. planner. On page 3 of the above
document under C. Noise:
"Impacts to the Whalen property must be evaluated and appropriate
mitigation measures outlined."
I have examined the June 1991 Draft Environmental Impact Statement and find that sound studies were
not done on my property adjacent to the proposed roller coaster site. nor were any mitigation measures
proposed as requested in the Draft Scoping Document. This omission was also noted in the July 11.
1991 letter by Thomas M. Yarmowich of Rist-Frost to the Queensbury Planning Board. On page 1 of the
above letter:
"IV.c. Noise: Impacts to the Whalen property and appropriate mitigation measures
attendant thereto (if applicable)."
It is probable that these requested noise studies were not done by the applicant because it was known
that the results would be unacceptably high on my property. Noise levels of approximately 78 decibels
are predicted on my property 288 feet from the proposed roller coaster. This number was calculated
from the applicant's measured roller coaster decibel levels at 50 feet. and using a line source factor
of 3 decibels loss per doubling of the distance. Since the DEIS did not address noise levels on adjacent
properties. its statement that the operation of the roller coaster would have no adverse noise effect
is simply not true. The noise study section of the DEIS must be considered incomplete until these
studies are completed and made available and adequate mitigation measures proposed. In 1 ike fashion
the DEIS also did not address the visual impact the proposed roller coaster would have on adjacent
properties. Therefore. the visual section of the DEIS must also be considered incomplete until these
studies are reported. The 4/23/90 Draft Scoping Document requested a study of the impact the proposed
project would have on the future development potential of adjacent land.
Page 3 D. Construction:
"Discuss potential for future development on adjacent lands as
a result of this project."
Page 3 IV. A. Land Use and Zoning:
"Surrounding land use and potential impacts to these land uses
as a result of the proposed project should be discussed."
This subject was not discussed in the DEIS. This omission was noted in the 7/11/91 letter of Rist-Frost
to the Queensbury Planning Board. Page 1 - Scoping Document III. D. Construction:
"Potential for future development on adjacent lands."
This issue needs to be addressed in the DEIS. Obviously. a high noise level on my land. from morning
until evening. all summer long. would destroy the versatility of my property for quiet
recreationlcommercial or residential uses and drastically reduce its value. The 4/23/90 Draft Scoping
Document raised the question of the park remaining open at night (page 3. paragraph IV.):
"The issue of the park operations extending beyond the normal 7 p.m. closing
time should be discussed."
I feel the DEIS coverage of this issue is inadequate since no guarantees or time frames on maintaining
the existing park hours of 9 a.m. to 6:00 p.m. were made to the Town. I believe the DEIS should legally
guarantee to the Town of Queensbury that the proposed roller coaster would not be lighted at night
or operated at night for a minimum period of 25 years. I believe that on a project of this magnitude.
the Planning Board should, have an independent review done on the DEIS to assess the accuracy of the
data. assumptions. and conclusions presented on the key issues. "What if" and "worst case" scenarios
would also be useful to the Planning Board in such a review. Sincerely. John Whalen"
MR. HAGAN-Did he say 78 decibels?
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MR. GORALSKI-Yes. This is another letter from Mr. Whalen. to Peter Cartier. dated August 12. 1991.
"Dear Mr. Cartier: I am a resident of Queensbury and own 40 acres of land adjacent to the Great Escape.
I would like to go on record at the August 13. 1991 Planning Board public hearing as objecting to the
proposed roller coaster. One of the main reasons for the Site Plan Review as 1 isted on page 63 of
the Queensbury Zoning Ordinance is to determine the "effect on the surrounding properties." The proposed
roller coaster would be located only 288 feet from my property line. In the average subdivision. this
distance would be like having a roller coaster two houses away from you. The DEIS sound study of
comparable roller coasters indicates that the proposed roller coaster would be extremely noisy with
sound levels of 85 decibels at 50 feet. which would calculate to approximately 100 decibels at the
source. Obviously. at a distance of 288 feet. the roller coaster would create a high level of almost
continuous noise on my property which would destroy its development potential for residential or quiet
recreation/commercial uses. and drastically reduce its value. I am also concerned that in the future.
The Great Escape will decide to operate the roller coaster at night. and install a 100-foot high by
800-foot long outdoor lighting system along the length of the ride. This would result in both nuisance
noise levels and objectionable lighting far into the night. My land is zoned RC-15 in the area opposite
the Great Escape. and WR-IA to the east. The Great Escape roller coaster site is zoned RC-15. There
is nothing in the Queensbury RC-15 Ordinance that encourages or sanctions noise. nor anything that
permits anyone to create a nuisance on their neighbors property. Single family homes are a permitted
use in RC-15 zones. and it further states in the RC-15 Zoning Ordinance on page 47. under purpose:
"Residential uses are considered compatible with RC zones."
Other uses permitted with Type II Site Plan Review include motels. public meeting areas. multifamily
dwellings. golf course. clubs. tavern. campground. livery stable. ski area. planned unit development.
restaurant. and amusement center. Since noise from the roller coaster would render my RC-15 zoned
property unsuitable for both permitted residential use. and for most of the other above RC-15 permitted
uses. it becomes obvious that the roller coaster. as proposed. is incompatible with the RC-15 Zoning
Ordinance. A roller coaster this large and noisy belongs in Coney Island not in Queensbury. Sincerely.
John Whalen"
MR. CARTIER-Mr. Whalen. would it be fair to say that those two letters supersede the letter of July
22nd that you read in at that meeting?
JOHN WHALEN
MR. WHALEN-Yes.
MR. CARTIER-Okay. So. can we waive the reading of the original letter? Thank you.
MR. GORALSKI-I have a couple of more. This is addressed to Mrs. Lee York. from Guido Passarelli. dated
July 5. 1991 "Dear Mrs. York: This letter is in regard to the proposed roller coaster addition to
The Great Escape. I consider myself to be a progressive person and understand the nature of business
and growth. I. however. am deeply concerned about the new roller coaster proposed to be built at the
Great Escape. directly adjacent to and bordering 82 acres that I currently own on Round Pond Road.
I purchased this beautiful piece of property and have invested in excess of a million dollars with
a vision of future development of mini estates of exquisite residential homes. Buyers of these homes
will demand the right to quiet enjoyment of their property. I am sure that the Town Planning Board
will understand my staunch objection to this project for the following reasons.
1. Increased traffic on Round Pond Road will be inevitable as a result of curious onlookers wanting
to see this huge monstrosity up close. Increased traffic on this road is sure to create problems.
I believe this issue has been discussed with Mr. Wood before regarding the Bavarian Palace at which
time he said that he would at his expense change the road. To date it is still very dangerous
to make a left turn onto Route 9.
2. The visual impact to the area is sure to be an eye sore. I personally see nothing appealing about
the tangled wood of a massive roller coaster. especially overlooking a peaceful residential
neighborhood.
3. In my opinion. noise from the park. at this time. is barely acceptable. I share this opinion with
residents from Court House Estates. Glen Lake. and Twicwood Area. The addition of a roaring.
screaming Roller Coaster is bound to increase the level of obnoxious noise that we must already
tolerate as a result of the theme park. The measurement of ambient noise did not take into account
my property which would be most affected by the roller coaster. Therefore any mitigation measures
have not been identified!
4. The scoping document also states on page 3 that the EIS "should provide an overview of potential
impacts resulting from the proposed project. with respect to other projects and development in
the vicinity". Nowhere in the EIS does it identify what development could take place on my property
with regard to zoning and how any future development will be affected or limited by the roller
coaster placement.
I do not believe that the EIS submitted is complete as it does not address the issues identified
in the scoping document.
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5. Currently the park closes for the day at 6:00 P.M. Should the park decide to extend its operating
hours into the evening. the issue of added noise becomes an even greater concern to residents.
The park does presently have a loop roller coaster clearly visible on Route 9. I understand that the
Roller Coaster is being proposed as a new attraction to increase attendance to the park. The additional
anticipated business to be only 40 cars per day. or 16.000 total new patrons per 100 day season. With
a total seasonal attendance of 500.000.. for the capital investment into this project. I wonder if
there is a need or actual benefit? Respectfully. Guido Passarelli" There is a map attached. and.
is this the letter you just handed me?
MR. CARTIER-Howard Krantz.
MR. GORALSKI-Right. If you want. I can read it. This is a letter. Mr. Krantz is Mr. Passarelli's
attorney.
MR. CARTIER-Is Mr. Krantz here?
MR. GORALSKI-No. This letter says that he will not be able to attend. and I can. the last statement
is. "A detailed statement of my clients objections will be submitted on or before August 23rd. 1991.
The proposed development is the wrong project in the wrong location and will be vigorously opposed."
MR. CARTIER-Thank you. That's all that you have.
MR. GORALSKI-That's all the letters I have.
MR. CARTIER-Thank you. Tom?
MR. YARMOWICH-We have not provided our review for the technical merit and adequacy of all the data
at this time. We will give the Planning Board our comments separately.
MR. CARTIER-Well. understand we are doing a site plan public hearing also and I assume you have comments?
MR. YARMOWICH-These are being held concurrent?
MR. CARTIER-Yes.
MR. YARMOWICH-Okay. We do have engineering comments regarding the site plan.
MR. CARTIER-And I would ask that you use the microphone. please.
EIIGINEER REPORT
MR. YARMOWICH-Regarding the Site Plan No. 14-90. We have reviewed the referenced project and have the
following engineering comments: 1. Stormwater Management calculations should be provided and should
include the design of the two drywells provided at the east end of the roadway. 2. The proposed 212
contour as shown does not properly account for the existing 212 contour."
MR. CARTIER-Thank you. We will take comments from the floor now. Please understand that you are
addressing the Board. You are not addressing the applicant. If you wish to speak for a second time.
I would request that you wait until everyone has had a first opportunity to speak. I assume we'll
still be going at 9 o'clock. at which point we'll take about a 10 minute break and during that break.
out in the foyer on the table is a copy of the DEIS and the Site Plan map. if any of you would care
to look at that. It will be out there all evening. Okay. Any questions? Anyone who cares to address
the Board. please come forward and identify yourself and your address.
GEORGE ROOP
MR. ROOP-My name is George Roop. I represent the Board of Directors of the Glens Falls County Club.
the close neighbor of the Great Escape. and we are unanimously opposed to this project. Thank you.
MR. CARTIER-Okay. and thank you for your brevity. Would anyone else care to address the Board?
DICK BAKER
MR. BAKER-My name is Dick Baker. I'm a resident of Courthouse Estates and I want to address the quality
of life in Queensbury. The noise levels of the existing park were addressed by Mr. Whalen in the letter
there. They are barely tolerable to not tolerable at all at this point. I can tape the shows and
the people talking on the rides in my back yard. The people have been up from the Great Escape to
verify this awhile back. a couple of years ago. I'm very concerned about the noise. but more about
the quality of life. If the noise persists beyond the 6 o'clock closing date. at any time in the future.
it will become not tolerable. The only thing tolerable about the noise today is it stops at 6 o'clock.
If it went on into the evening or got louder at any time. it just would be unbearble. People bought
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homes throughout the Courthouse Estates to retire and live their lives out in the Town of Queensbury.
and they paid some high prices for those homes, but forget the price. Lets talk about the quality
of life. To plan to stay there the rest of your life and then have something like this imposed on
you. that would destroy the quality of life. is just not acceptable. At the bottom of your letterhead
it says. "Home of natural beauty...A good pl ace to 1 ive". Don't change it.
MR. CARTIER-Thank you. Anyone else, please.
DAVID MENTOR
MR. MENTOR-I reside at the corner of Route 9 and Round Pond Road. border on the north and east by the
Park. The Great Escape, and I've lived there for about four and a half years and my wife lived there.
We operate the..Motel. which is right there and we, too, are concerned about the qual ity of 1 ife in
Queensbury. and when we moved into that location. we had a lot of decisions to make. We knew that
living at that location would be a hardship for us. We live very close to the road. We have three
little children. We do have noise from the park. and it's a difficulty, but it's a decision we've
made. The park has been there for a long. long time and I would consider it a great injustice to prevent
this park from putting this roller coaster in. based on residential areas that were developed in the
surrounding areas long after that park was in. I would see that as denying the opportunity to run
the business to the owners of that business, which makes the question a broader one of whether this
Town desires that business to be there in the first place, and I'd say. yes. I think it's a wonderful
business. I have a family motel and we. too.. . keep business a family business, and people come up
and they want time away with their children to enjoy a wholesome vacation at a theme park 1 ike the
Great Escape and it's wonderful. I think the Town would be losing a tremendous asset if we turned
around and told the the park that we didn't want a ride. Thank you.
MR. CARTIER-Thank you. Anyone else. please?
JOHN BROWN
MR. BROWN-Good evening. I'm John Brown. I am the President of the Glen Lake Protective Association
and I'm also representing myself in this matter. My concerns are parking. especially in the wetland
area. and that of other people on the lake, we're concerned about the cars. We're also concerned about
the drainage from these parking lots. even the existing ones across the road. We think there should
be filter systems in there to prevent further pollution of the lake. The traffic problems right now
are considerable. considering Route 9, especially when you go out on the Glen Lake Road. I think you
ought to look into a parking light. red light. up there. Noise traveling from the rides. some people
are not concerned too much about it, but we are. on the lake. because it does travel down the lake.
It echoes down through. Even during the middle of the night, you can hear the animals screeching and
stuff like that. We also are concerned about limiting the hours at night. If it was to stay open.
it would be just like the big ball field down there lit up and we don't need that. Thank you.
MR. CARTIER-Anyone else. please?
JOE DESANTIS
MR. DESANTIS-Hi. I'm Joe DeSantis representing the Queensbury Business Association. The Queensbury
Business Association fully supports this project. Number One. it's an approved use within the zone
and also. from the tremendous economic impact that it has, we urge the Planning Board to approve this
project as soon as possible. Thank you very much.
MR. CARTIER-Thank you.
BOB TYRER
MR. TYRER-My name is Bob Tyrer. I'm a resident of Glen Lake. I am probably on the most closest area
to the Great Escape. I'm on the extreme west end of Glen Lake and for five and a half years. I have
never heard any noise, any problem, or any concern as far as the Great Escape. on Glen Lake and I think
if anybody does have this to say. I think there are more axes to grind other than the noise. because
there is no noise coming from the Great Escape onto Glen Lake. and especially because they do close
between 6 and 6:30. The average person. with all the boating going on in Glen Lake. can not hear
anything coming off the Gre~t Escape. and that's my... I'm for the project 100 percent. Thank you.
DEAN BECKOS
MR. BECKOS-Hello. My name is Dean Beckos. I have resided in Queensbury since 1963. On two points.
since approximately 1986 there was the Master Plan. From a planning aspect, the Town of Queensbury
was greatly looked at many, many hours by many dedicated people and when all was said and done. the
great escape remained an approved use for a recreational facil ity. On the point of an economic
development, it is vital that balance between residential interest as well as business interest in
the Town of Queensbury. The Great Escape provides a great deal of employment to the area. Most
importantly, it provides a great deal of youth employment to the area, which at this point in time.
is a very important aspect.
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as well as the marketing dollars. The tourism industry in the Town of Queensbury. as well as the County
of Warren. if not the State of New York. is probably the largest industry. There must be a balance
between the residential and business interests...the tax base. the sale tax dollars and the property
tax dollars will dry, the County and the Town budgets will dry up and this Town must grow or this Town
will die. It's vital that any approved use has the ability to operate the way it sees fit..any business
has the opportunity to grow the way it sees fit so it can continue to contribute to the society in
this area. Thank you.
MR. CARTIER-Thank you.
RICHARD BIRCH
MR. BIRCH-My name is Richard Birch and I live in the Northwest Village, and I'm the guy who wrote the
letter that was in the paper today, but I have a letter here from the President of the American Coaster
Enthusiasts. and I'd 1 ike to read it. "Dear Mr. Cartier: As president of the American Coaster
Enthusiasts. I'm writing to support the preservation of the Crystal Beach Comet Roller Coaster. ACE
is the world's largest amusement park enthusiasts organization with more than 4 and a half thousand
members in 49 states, 17 countries. and on 5 continents around the world. More than 75 amusement park
related corporations are members. including some of the largest, best known names in the outdoor
amusement industry. They have joined ACE to support our goals of preservation, appreciation. and
enjoyment of the roller coaster as the most thrilling amusement park ride every invented. The Crystal
Beach Comet Roller Coaster is one of the most famous and well liked roller coasters in North America.
While it has operated. Crystal Beach has thrilled millions of people over the years. Although ACE
itself does not rate roller coasters. the Comet was among the personal Top 10 favorites of many members.
It is truly a historic. world class roller coaster. The American Roller Coaster enthusiasts has
supported the preservation of historic roller coasters around the world. Local, State. and Federal
agencies have recognized the importance of the preservation of these rides from the Coney Island Cyclone.
to the Leap the Dips in Altuna. to the Giant Dipper in San Diego. The Coney Island Cyclone and the
San Diego Giant Dipper are now national monuments. The Altuna Leap the Dips is on the Pennsylvania
1 ist of historic places and is currently seeking recognition as a national monument. Moving roller
coasters to a new site is a procedure which is supported by the amusement industry and. ..Since the
mid 1980's. San Antonio's Locket was moved to Noble's Amusement Resort in Pennsylvania where it was
saved and rebuilt as the Phoenix. The Skyliner was moved from Canandaigua's Rose Land Park and rebuilt
at Lake Montark in Pennsylvania. Boston's Giant Coaster was moved from Perragon to Wild World Amusement
Park in Maryland."
MR. CARTIER-Mr. Birch. I don't mean to suggest that I'm going to cut you off. but can we stick with
the comment.
MR. BIRCH-Okay. I have a copy of the letter for you.
MR. CARTIER-Thank you.
MR. BIRCH-"I have not seen any Environmental Impact Study conducted for Great Escape, however. I am
somewhat familiar with the original concerns raised at San Diego and Dorney Park and I know that
environmental studies to address those concerns correctly allayed original fears. I regret that I
am unable to be present for your hearing on August 13th. but on behalf of our members. I would like
you and other members of the Planning Board to know that the Crystal Beach Comet is certainly worthy
of saving for current and future generations of Americans to enjoy. The American Coaster Enthusiasts
strongly supports the request of Great Escape Amusement Park to be granted permission to install the
Crystal Beach Comet on its grounds. Signed, Ray Euberoth. President. American Coaster Enthusiasts"
MR. CARTIER-Thank you very much.
JACK CUSHING
MR. CUSHING-Good evening. My name is Jack Cushing and I'm a resident of Queensbury living at 8 Orchard
Drive which is adjacent to Twicwood. I am representing the Adirondack Regional Chamber of Commerce.
We are a thousand member organization. and I am also on their Executive Committee. I'm also speaking
on behalf of myself. personally. and I also fully endorse the statement of the Queensbury Business
Association of which I am a member of the Board of Directors. The Chamber would like to make official
the following statement. and this is from their Executive Committee. "It is the consensus of the
Executive Committee of the Chamber, that if the roller coaster meets the criteria of the Town Zoning.
Planning, and Government Regulations and the Great Escape gets permits to build, from a sound economic
and business point of view. if by the improvement of tourism and our tax base. as business people.
we of the Chamber would certainly support this project." Personally. I live adjacent to Twicwood and
even though I can hear some noise from the Great Escape. it does not bother me in the sl ightest. I
love to hear happy people. We just don't have enough of this in this sordid world of ours today.
Thank you.
MR. CARTIER-Thank you.
MICHAEL O'CONNOR
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MR. O'CONNOR-I'm Michael O'Connor, a member of the Law Firm of Little and O'Connor, and I, with Mark
Schachner. on behalf of the Glen Lake Protective Association have reviewed the DEIS that has been
submitted from. perhaps. a technical point of view. The Glen Lake Protective Association does not,
at this point. out right oppose the installation of the Coaster. We understand that the Coaster is
an amusement ride. It's supposed to be constructed within an area that is planned and zoned for
Recreational/Commercial activities. Our concerns with the Coaster are as it is proposed in the present
DEIS. Like the Queensbury Businessman's Association. I'm on that Board. I was there when that motion
was adopted and like the Chamber of Commerce. we're saying that if it is shown and demonstrated not
to have a negative impact. then, fine, have it installed, but we have some problems and we have some
concerns with the proposal as it's been submitted. We believe that the DEIS. as submitted, is
inadequate. It does not address, in hard facts, the possible impacts of the roller coaster and is.
in part. based upon improper assumptions and premises. We. and I've broken down the issues. if you
will. that we believe are most sensitive to and of greatest concern to the Glen Lake Association as
follows: Parking. The Traffic Consultant estimates that the new roller coaster will increase the
patronage of the park by less than two percent of the existing trip making which is estimated to be
only 20 vehicles per hour and accounts for less than the normal hourly fluctuation of traffic at the
park. The amount of additional parking required would be 40 spaces, which includes five space for
employees. The additional parking, the Consultant says. can be accommodated with the existing parking
areas without the additional lot development. The EIS goes in great length to discuss the concept
of ride cycling to justify the critical assumption which the Consultant has made that addition of this
new ride will not increase the number of patrons in any meaningful manner. This assumption seems highly
suspect to us and if it is incorrect. then obviously the entire parking analysis is render invalid.
The two percent increase in traffic predicted by the Traffic Consultants is inconsistent with the ten
percent cited by a representative of the applicant at the April 10th. 1990 meeting of the Queensbury
Board. At that time. which is part of this Board's minutes, the applicant represented. we consulted
with industry representatives. and they said that when the super ride is introduced to a park. the
maximum additional attendance that we could expect is somewhere in an area of 10 percent. The
applicant's position based on the study Mr. Morse made that the present parking. on the most crowded
day. can accommodate another 10 percent. There seems to be no reconcil i ati on between that 10 percent
which was given in April of 1990 and the present two percent which was given in the June of 1991 DEIS.
Eight percent. we believe. is a substantial differential and must be considered. We believe that the
Board should require a showing of the capacity to accommodate an additional 10 percent of attendance.
as suggested in April of 1990. The critical question. here. and I'll get to the point. at least on
this issue. is parking within the 100 foot buffer zone of the designated Class I Wetland which adjoins
part of the amusement park and which is zoned LC-42. The applicant makes light of our criticisms.
saying it is only an occasionally used for overflow parking for public safety reasons and that even
not considering those spaces, it has spaces elsewhere on this land that it could actually accommodate
the parking that will be required if it's prohibited from using the areas that are in the buffer zone
of the wetland. If we get to that issue and the applicant were will ing to stipulate that it would
not park within the buffer zone. much of our complaint. much of our concern with the proposal would
be addressed. and would be answered. but I'd have to remind this Board. in a historical sense, of some
things that we've seen happen. You will recall the application from the mining excavation permit.
which was to take place on the north end of the property and the eventual permit that was issued with
much safeguard and safeguards put in by this Board as to filtration. sedimentation. and whatnot. It's
of record that after the permi~ was issued. sand and gravel was removed and used. in part, to fill
the level part of the parking lot on the west side of Route 9. There were members of the Association
that called that to the attention of David Hatin. He acknowledge that it existed and that he had spoke
to the applicant about it and that the appl icant indicated that it would take no more sand until he
had decided whether they would fully and formally comply with conditions of that permit. Further.
along the same line, I refer the Board to the approval that this Board gave the Bavarian Palace, and
as it's recited in the DEIS that is before you. There I am told that there were requirements that
the applicant widen the northern lane of Round Pond Road so that there would be a turning lane to the
left and a turning lane to the right. to the north or to the south....that the turning lane itself
is E classification. I think it's incorporated in their DEIS. There's actually a graph that shows
it. If you take a ride up there this evening or tomorrow, you will find that the Bavarian Palace is
in operation. and no widening of that road way has ever taken place.
MR. CARTIER-Has that been brought to the attention of Mr. Hatin.
MR. O'CONNOR-I'm not sure. I will address that. Mr. Cartier. I'm not asking this Board for
enforcements. I understand the distinction. but the point I'm making is that there's a lot of
approximates. There's a lot of maybes. There's a lot of no plans now. through this DEIS. I think
it would well serve this Board. those who have concerns about the environmental impact of this
application and the applicant, if we can define everything as much as possible so that later on. there
aren't questions of interpretation and there aren't questions of enforcement by those who are charged
with the obligation of enforcement. Further. and I'll still make the same point. I'm informed that
the approval of the Bavarian Palace project indicated that parking there would not be used for operation
of the park. It would be used for operation of the Bavarian Palace. Now we hear. from the applicant.
in the DEIS. that there's employee parking, there. of 200 cars. The plans that were submitted show
112. I don't know how we go from 112 to 200. and the DEIS has pointed out that that parking is available
to support the operation of the amusement park. I think that would be contrary to that original approval
that was given by this Board. Some of you that hadn't been members of this Board when that approval
was given. I leave it for this Board to determine whether or not there is anything in those instances
that need to be addressed
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by others on this Board. More importantly and, again. I'll make the same point. so that there are
no misunderstandings in the future. I think the Board needs to, very careful, I'm looking at what is
proposed. so that if there are any restrictions put upon the applicant. they can be readily enforced
at a later date. Secondly. I indicated that the appl icant makes 1 ight of our comments and concerns
of parking within the area of the 100 foot buffer zone of a wetland, saying that it has more than
adequate parking elsewhere on this property. If that is the case. lets end the controversy and simply
have the applicant agree not to park within the 100 foot buffer zone or have the Board condition it's
approval upon no parking within the 100 foot buffer zone. As to the adequacy of other parking, the
applicant is not willing to stipulate not to utilize the 100 foot buffer zone. I believe the Board
needs to take a harder look. Nowhere within the DEIS does the appl icant give an actual statistical
history of number of patrons that attend the amusement park. On Page 6. the applicant speaks of sales
tax generated by approximately 500,000 annual users of thè amusement park. However. the appl icant
never speaks of peak attendance and that's how we've designed things. as far as I'm aware of. per our
regulations within the Town of Queensbury. I've never witnessed an application that was allowed to
go forward if the design was not sufficient to meet the worst case scenario. What was the peak
attendance during the year 19911 What was the peak attendance during the year 1990? Without that
information. this Board cannot address the adequacy of the parking. .We are looking at the Aviation
Mall and saying that over the course of a year. an equal number of shoppers attend the mall each day.
notwithstanding the crowds that attend during Christmas Season. In addition to looking at the peak
attendance. you must also formulate or determine what the average number of persons are that arrive
with each car. We've had nothing within the DEIS that gives us a basis for making that determination
or gives us. .making that determination. The DEIS is silent as to this critical issue. Once you
determine the peak attendance, the number of peopl e that arrive on an average per car. you can begin
to analyze the data set forth as to the number of parking spots. In April of 1990, the applicant gave
a detailed summary of 2267 spots. not including any of the parking at the Bavarian Palace and indicating
that. of that number. 150 were parking near the wetland. It is noted that the mapping that was submitted
at that time was admitted to have been produced from the Tahitian Tempest Water Slide. It was not
a historical document of the applicant. Likewise, if you look at the examples in the mapping that
was presented by the appl icant as the parking now. you will see that many of the parking spots. .what
are actual roadways in existence. They are not parking spots. per set that they are 1 ined out.
particularly when you get near the...The Glen Lake Protective Association objects to any use of parking
within the buffer zone of the wetland and any parking within the LC-42 acre zone. The DEIS is really
silent as to actual zoning of the claimed parking lot along the Glen Lake Fen. Again. I think that's
an inadequacy of the DEIS. There is a zoning map that's part of the exhibit, but it is not imposed
upon the actual parking. If you take a look at the actual zoning of that particular area. a good portion
of the whole frontage along the wetland is LC-42 acres. I have a large map. which I gave you a reduced
portion of it. upon which I have had VanDusen and Steves. a local surveying outfit, superimpose the
LC-42 acre zone. The LC-42 acre zone. you will see. is outlined in heavy blue. That runs along the
entire frontage of the wetland. It has. since the zones have been adopted...
MR. CARTIER-Let me ask you a quick question. here. Does that LC-42 acre line run along the designated
edge of the wetland or is it beyond the designated edge of the wetland?
MR. O'CONNOR-I can't answer that question. Mr. Cartier. I do have a map that shows the wetland line.
but I have not superimposed it to...I cannot actually tell you that. This is a line that has been
historic. as far as the zoning of that particular parcel. It started as LC-I0 acre and then was changed
to LC-42 acre. The background of the map that you see is a map that was done for the sewer district
some time ago. I believe that if you actually went and measured this map as it's shown here. a good
portion of a couple of areas has been filled in. Down in there. it's been some time since the fill
has been put in place. but if you go in by canoe. or if you go in by water. you'll see where it is
not natural topography and you will see where there's some fill. particularly where you get over to
the point where there's a point over in here. That area there has been pretty much filled in. So
when you tal k about distances from the zoning 1 ine. I think it would be critical to superimpose this
upon the plan that has been submitted, and I don't bel ieve that that has been done within the EIS.
The applicant's will speak of grandfathering if he addresses this particular issue. and it's an issue
we are prepared at any time to address. if the Board desires. I have in excess of 100. and I wrote
this, maybe 152. and I see my notes from 1989 go back to that, 162 affidavits by Queensbury residents
who have been famil i ar wi th thi s property over a number of years. Most of these were acknowl edged
in April of læ9 on various dates. . There maybe a couple that are dated before April or after. All
these people speak as to grandfathering. that there was no parking in that lower area, down by the
wetland. prior to these projects coming about. I will submit those. This is a full copy of them.
I've kept the originals. I'll submit these to Mr. Goralski.
MR. MARTIN-So what you're saying is. the parking in the wetlands is not preexisting?
MR. O'CONNOR-Yes. The area in question was originally zoned C3. as I believe that in 1967 you started
zoning in the Town of Queensbury, but even under that zone. a Special Use Permit was required for an
amusement center. Thereafter, it was zoned LC-1O acre and is now zoned LC-43. I refer the Board to
Figure 19 and note that we have researched the records of the Town of Queensbury and we have found
no Special Permits ever having been issued for parking in that area or use of that area for amusement
park purposes. We note that the applicant has filed an affidavit indicating that the area in question
was filled in in 1978. Again. from 1978 forward, we find no record of any permit for use of that
property
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as a parking lot or as part of the amusement park. We call the Board's attention to Figure 19. again,
on the DEIS. which shows the parking in question and shows a driveway for entrance onto New York State
Route 9. The entrance way, likewise, was granted apparently, without a permit, as the New York State
Department of Transportation has no record of ever issuing a Highway or Curve Permit for that driveway.
I submit to you a letter dated March 6. 1989 from the Department of Transportation indicating that
they have no record of that permit. They do list the permits that have been issue...to The Great Escape.
I don't think there's any question that even if the parking was created in 1978, the parking down in
the buffer zone of the wetland. if same was created without proper permits, no grandfathering rights
ensue for the same. You have to begin something under our Zoning Ordinances in a proper manner before
you become grandfathered. even if there's a change of zoning afterwards. A partial omission on this
issue is in the application by the applicant for a Use Variance and the application was for a parking
lot for an amusement center located on adjoining RC-15 lands that was filed in February of 1989. At
that time. the applicant indicated that the site was located adjacent to his Great Escape and accesses
through the Great Escape. The site can only be feasibly used in conjunction with the amusement park.
The appl icant further indicated that if the appl icant is not allowed to use the proposed site for
parking, that it will not be able to receive any financial return from the LC-42 acre portion of its
property. That application. on its face. indicates that in 1989. the applicant was not using the areas
we now have in question for parking. That appl ication for that Use Variance was later withdrawn by
the applicant. I apologize for the use of the term. applicant...owner, whatever the corporation was
at that particular time. not at the present time. I have a copy of that application. I also have
a copy that has an affidavit by an employee of the appl icant who was a former owner of the present
site indicating that the fill took place in 1978, all of which I think speaks directly to the question
of grandfathering or any claim of grandfathering for that parking. The summary on the point of parking.
the submitted DEIS is incomplete, in that it does not provide information as to peak parking
requirements. It is inaccurate in that it assumes uses of parking areas for parking for the amusement
park is or should be prohibited. The next point we touch upon is traffic. The Traffic Consultant
bases the study on impact on the same erroneous increase in patronage that he utilized in analyzing
the parking of the applicant. He. again. is talking about two percent. as opposed to what the applicant
quoted in April of 1990 would be a worst case scenario of 10 percent. The Traffic Consultant of the
applicant states that even assuming that all new patrons were to entrance through and exit the park
within the peak hours. the Levels of Service at any of the intersections within the study area would
not be affected by any noticeable or significant extent. Several safety measures are proposed to
facil itate pedestrian crossing on Route 9. Again. the two percent increase predicted by the Traffic
Consultant is inconsistent with the 10 percent cited by the applicant at the April 10, 1990 meet of
the Queensbury Planning Board. Utilizing the 10 percent increase..result in 100 vehicles per hour.
Using the same calculations as made by the present consultant the Route 9/Round Pond intersection is
teetering on the brink of unacceptable Level of Service. That issue needs to be clarified and that
intersection. as it was analyzed and as the figures that were generated... improvements in the 1989
study. The classification that we're given. here. we're assuming the construction of the extra turning
lane from the northerly lane...A further inadequacy of the DEIS is that the entrance way shown on Figure
19 to Route 9 has never been analyzed. It's not mentioned in any manner. Is that an entrance way
that parking patronage or people are supposed to use? It's not blocked off. It doesn't show anything
within the plans. It certainly is a very poor intersection. given the tree growth and whatnot. that
blocks the people coming south along Route 9, and also considering the limited landing area. if you
will. that you can exit onto Route 9 from that..There is nothing in the DEIS as to that parking entrance
way. The impacts addressed within the DEIS are vehicle only. and not directed at pedestrians, which
are just as important. There is reference made. proposed safety measures will be implemented. Those
recommendations should be shown on a site plan. Again. I'll reiterate my earlier comments. I think
we should have everything in black and white so that there's no question of interpretation if this
thing is going to go forward. It is also curious that the traffic study is based on (Tape Turned)
busiest day of the season for the park. but I do not believe. it to be the busiest day of the season
for Route 9 traffic. It is submitted that it peaks from July 4th to Labor Day, not the day that the
park opens up. I believe that the park has the busiest traffic..The highway traffic certainly is busier
in the summer. the full summer. than it is on Memorial Day weekend. It is also known that data was
not collected after 4 pm. Pedestrian traffic should be considered to allow for better safety, and
as quoted from the DEIS. and part of this is my comments and part of it is comments from Mark Schachner.
"Patrons were weaving in and out and through turning traffic." It is submitted that this was not just
because of failed traffic signals. If you drive by the site when the site is exiting, you'll find
out that there's crowds of people there coming out of the site all at one time. That's also a problem
that we have with analyzing the actual traffic that's done. I believe that the park loads on a gradual
basis, but come closing time. it ends on much more pronounced basis. and that is not built into the
DEIS. It's assumed to be gradual in and gradual out. and I don't think it's really fair or
characteristic of this particular use. They talk about pedestrian sidewalks and bridges should be
provided on the east side of Route 9. We would suggest it on the east side. as well as what has been
suggested on the west side of Route 9, and the DEIS doesn't mention. but I believe that there will
be a stream crossing permit that will be necessary. There may even be a wetland permit that's necessary
for the construction of such a bridge across that stream which is a Class A stream on that side of
Route 9.
MR. HAGAN-Mike, could I interrupt you for a minute because I'm confused. You stated that the traffic
count was taken on Memorial Day weekend?
MR. O'CONNOR-In the Executive Summary in the beginning they talk about Memorial Day.
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MR. HAGAN-Well. it says here. taken Saturday July 23rd and Sunday July 24th. between 11 am and 4 pm.
and on the 24th. between 10 am and 2 pm. So. I don't find Memorial Day mentioned, here.
MR. CARTIER-I think that..you're both correct. because there were..two different traffic studies.
There was a previous traffic study.
MR. O'CONNOR-There was a 1988 traffic study. and I maybe picking up, but the Executive Summary talks
about Memorial Day.
MR. HAGAN-Well, that's when this was taken. July 23rd, 1988. on a Saturday, and July 24th. 1988. on
a Sunday.
MR. O'CONNOR-I maybe corrected, Mr. Hagan. That is not a portion of the report that I actually prepared.
I do know that they are correct as to times. and they do not show. in any of those traffic studies.
what happens when the park exits at 6:00 or 6:30. Erosion control is another point that we touch upon.
as far as our review, and it is noted that the DEIS is silent in its. .conditions that were imposed
upon the applicant when the campground was approved in 1982. Part of the campground area was located
in an LC-1O zone which, essentially. became an LC-42 acre zone. The campground is a permitted use
within the zoning classification, but an amusement park is, again, not a permitted use. Again. the
construction plans of the applicant are silent as to where the zoning line classification passes through
that portion of the land owning to the applicant. The zoning classification should be shown as part
of the DEIS and should be avoided for actual construction of the project and avoided for support access.
There's mention in the DEIS about providing access for emergency vehicles and whatnot. I think they
should be restricted and also. likewise. not go through the LC-42 acre zone..a permitted use. The
approval for the campground provided that the tongue area of the northwest area of the project. near
the wetland be restricted for tent sites only. It would be a very limited use..The actual application
shows, for that campground. that all roads woul d be 100 feet from the wetl and and that a.. berm was
to be constructed. 20 feet wide and 2 feet high and 320 feet long covered with vegetation, and there
was to be a 50 foot buffer zone between the campground and the surrounding properties li ke that of
Whalen and that of Passarelli. I don't know if those have been incorporated into this new proposed
use for that same parcel. We think that they should be..that's incorporated with this particular use.
The Glen Lake Protective Association's very concerned about runoff from the actual construction site
and from other portions of land to the applicant. I have a question as to, when was the construction
done that was shown on the photographs that are attached as exhibits to the DEIS? The DEIS speaks
of erosion control that will be put in place, but none of those erosion controls are evident in the
photographs that are attached as part of that DEIS. Photograph 13 shows approximately 10 feet of sand
fill. If I understood correctly where we are. this is an area that was used as campground and now
has been cleared in anticipation of the installation of the Coaster. Where is the erosion control
that we're speaking of. and w~y is it not there? We also do not believe the DEIS considers the runoff
or potential runoff from the terminal building. That's a 20 by 50 foot building. It's not a small
building. The DEIS admits potential for erosion and sedimentation. . . adverse environmental impacts
which will be caused by the action, but cannot be mitigated. I don't understand why they say that
in the DEIS. That's on Page ii. in t~e very beginning. I ask what effect this will have on wetland
and why won't that be mitigated. if it has any potential effect on the wetland. You're talking about
rapid absorption into sandy soil may prevent stormwater runoff during most of the year. I also ask
the Board to consider spring drainage on frozen ground that m~ drain by sheet flow. You're talking
about a good sized area. relatively flat. I see nothing in the proposal. at least that I understand.
as to drainage from that in the spring time. In fact. the area would be flushed with whatever rains
we get. which will eventually go to the wetlands. I ask where that sheet drainage will be directed?
I don't know of any quantitative data. and I think this was mentioned by Rist-Frost. regarding amount
of potential runoff which was presented as is normally presented.
MR. HAGAN-Mike. again. I have to interrupt you. You are saying, in fact. topography and slopes are
going to be changed at the site of the roller coaster?
MR. O'CONNOR-That's my understanding. It did not exist.
MR. HAGAN-Do you have data to prove where it is now versus what you think it's going to be?
MR. O'CONNOR-The only thing I know is that it's going to be 212. I'm not sure, Rist-Frost has raised
an issue that the 212 doesn't seem to coincide with another grading in there. As for the flat area
where the roller coaster is to sit..
MR. HAGAN-The only reason I'm questioning it. they're making statements. here, you're making statements
which don't agree. They have given backup. I'm asking for whatever backup you have developed for
your statements.
MR. O'CONNOR-I'm presuming that this is not built yet. I'm presuming it was a campground. I'm presuming
that the topographical features have not been greatly changed and that's submitted at the time that
the campground was permitted. I'm just telling you where we're coming from, and that was part of our
question, is when did the construction. maybe part of that construction has already occurred. I don't
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know if it has. Whether it did and anticipation wasn't done. or the anticipation of the water slide
or not. that's something the applicant is going to have to address. The other thing that I'd ask you
to look at. seriously, is the parking on the west side of New York State Route 9, and we believe that
is a tremendous environmental problem. No filtration is provided. and those parking lots drain directly
to a Class A stream that feeds into the Glen Lake Fen. Even with the paving of the parking lot on
the north side of the stream within the last few years, no provision was made for sheet water drainage.
A portion of that parking lot. to the west I believe. actually floods in the spring and completely
cleanses itself by drainage..Argument can be made that this Board has set a precedent along that line,
that on other applications within the Town. the Board has asked applicants to address environmental
areas of concern outside of construction limits. if the construction limits is. in part. going to support
the use and activities that go on on those other portions of the applicant's property. and I think
that's the case, here. This is a recycling. this is a revitalization of the amusement park. It's
a continuation of use of those parking areas. Now would be an ideal time to address those parking
areas and perhaps do something in the way of filtration. In fact, I bel ieve this Board has on record
a letter from the appl icant concerning another project wherein he di scouraged the use of an exi sting
parking lot, even though no construction was contemplated in that parking lot. The DEIS should not
be silent on existing drainage that directly drains into the stream that feeds into the Glen Lake Fen.
Noise, the DEIS states that the roller coaster will have no adverse impacts on either residents or
noise sensitive receptors in the immediate vicinity of the park and that under typical meteorological
aerial conditions, noise from the roller coaster will not be heard at any of the receptor locations.
I'll make this brief. because I plan on summarizing some of these and submitting it. I think that
you've got to look at the worst case scenario, and the DEIS itself gives you the example that noise
travels differently when there are different conditions. if nothing else. The readings that were given
were substantially different, depending upon where the wind was for that particular reason.
MR. HAGAN-We already questioned our engineer on that issue.
MR. O'CONNOR-Monitoring sites for the microphones from the noise level were located. appear to be farther
from the Great Escape than Sound Receptors One and Two in residences closes to the park. so. certainly.
farther than the closest property line which is the closest potential sound receptor. Additional sites
should. .be monitored. We're talking about a site on Birdsall Road which is 600 feet, supposedly. from
the installation of the coaster. We're talking about a site that is 860 feet from the coaster on Round
Pond Road. but the properties of Passarell i and Whalen are much closer than that, and the Glen Lake
Association has a concern for that because of the domino effect. If these people are put in a position
where they can't develop for single family residential and they have to put in recreational cOOlllercial
uses because that's a permitted zone, that's the only way they're going to get a reasonable return,
that moves this 28 acres closer to Glen Lake. The earl ier speaker from Glen Lake on the north end
of the property which is right below the hill said he doesn't hear anything presently. but if you move
that another 40. you move it over to the edge of Birdsall Road. we're going to have. perhaps. some
problems, and those problems should be considered. Basically. any study that I've seen and we tal ked
about noise or noise ordinances I see. talk about what's generated at your property line. People that
adjoin you. typically. are allowed the freedom of development on their own site. even if it's for the
same use or the same type use. They can't come across your property, and I don't think that really
is addressed in the DEIS that's before the Board. Decibels are not the sole measure of the subjective
nature of sound. All sounds aren't equivalent. Children playing are 47 to 50; dogs barking. 48 to
52; leaves rustling. 54 to 57. Those sounds, although close in decibels. aren't the equivalent. and
I think you may be talking about something here that might be much more noticeable because of the
shrieking part. It is suggested that there be a restoration of the berm in front of the Bavarian Palace
and vegetation on berm surrounding the restroom or the building that is used as a restroom. maintenance
of negative barri er on hi 11 adjacent to roll er coaster and no further development that woul d remove
any portion of the hill, and we question even whether or not that hill that they talked about as being
a buffer is fully owned by the Great Escape. The re-vegetation of the gravel extraction or removal
or removal of gravel on the north end of the property and 1 imitation on the removal of vegetation.
Remember when we got into the gravel pit people complained because of noise that they didn't hear before
the trees were gone. If that continues. it's going to get worse. There should be some insurances
and some provisions with any approval that that's not going to happen. and let that be used as a natural
buffer. There is a big, long study on the attached. I think, April 1990 minutes that say that you
can use trees and vegetation as buffer if it is thick. if it is substantial. It won't do any good
to plant a row of trees 10 feet high, when you've got natural buffer there that should be preserved.
they should be..thick.
MR. HAGAN-Mike. I don't want to sound like I'm taking sides, here. but you make a statements that bring
questions to my mind. I'm not creating them. You are. You mentioned the noise, and one of the
complaints was that at one site. the decibel reading was 78. The highest reading was 85. I'm asking,
compared to the decibels allowed by folks on Glen Lake. how will this be detrimental? I'm not trying
to create a..I'm asking you to view to us both sides of the story. that's all.
MR. O'CONNOR-Right. It depends upon what type of boat you're speaking of. We. now, are getting into
some problem areas with boats on Glen Lake.
MR. HAGAN-Well, the accepted level. if I understand it. this year. for boats. is 90 decibels. Next
year it's supposed to be reduced to 85. What I'm asking is. how will this compare to that noise?
That's all? Will this out drone the boats that you already have to put up with?
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MR. O'CONNOR-My answer. that I'm aware of. at this point, is that there's no restriction on noise on
boats on Glen Lake. You're speaking of Lake George.
MR. HAGAN-Right.
MR. O'CONNOR-And we. I have received a letter from the Town, today. that the Town Attorney has finally
finished his research and he has invited the Association to make a presentation to him and to members
of the Town Board as to what we would like along that line and along the other lines. Hopefully, we
will come to a point where we don't inherit everybody elses problems on that issue or other issues
that are similar. That's the best answer I can give you at this point. The 78. I think, is a
projection. Mr. Hagan,..Mr. Whalen, but it's not within the DEIS. and I leave it to all the neighbors
that are in the immediate area to actually, I don't hear it where I live. I'm on the south side of
Gl en Lake. I'm probably about a mile from the west shore of Gl en Lake and I don't actually hear the
noise, so I've got to defer to others that have personal experience on it. Okay. The visual impacts,
we would address them as such. Basically. my comments on that,..comments, is that in the Master Plan
in the Town of Queensbury, there are set rules, one of those is maintenance of the vistas that are
available from Route 9 to the east. We believe that this coaster. where it sits, if I can properly
place it, is right within the lines of those vistas which the master plan says should be preserved,
and I ask the Board how that is going to be mitigated..if it is going to be mitigated. Further, there
is very 1 ittle discussion of lighting. If you go by the park, now. you will see that the Screamin'
Demon is well lit, as perhaps. an advertisement. Is this going to be lit, as well, at night, as a
drawing card to the park? They talked about, in the DEIS, limited lighting for security. and we would
like to put some limitations on that, have this Board put some lighting limitations on that, that they
not be..certain feet off the ground, that they be focused in a manner that they would reflect upon
the surface and not spotlight upon the ride itself as a drawing card for the ride. The DEIS talks
of consolidation of visual intrusion and it's my understanding, this I didn't write. I will read to
you. That means that the amusement park is already..planning concept. That is what consolidation
of visual intrusions mean. Before the heavily wooded fill was removed for construction of the Bavarian
Palace. none of the Great Escape was visible from Round Pond. Now. the Palace, the red and white picnic
pavilion and the bright yellow restrooms are obviously visible. There is no reason for the Great Escape
to be visible from Round Pond Road. Visibility study shows that it will be visible from Round Pond
Road.
MR. CARTIER-You refer to the roller coaster. You said the Great Escape. You meant the roller coaster.
MR. O'CONNOR-The roller coaster. Round Pond is not already of a commercial nature,..tourist attraction
li ke Route 9. It shoul d not become so. I think that was part of the.. Thi s Board went through the
Bavarian Palace..The view of the roller coaster from Round Pond Road is not only..of cars full of
screaming persons which will be distracting to motorists at such close range. Round Pond is a narrow
and winding road with no room for distractions. Although the DEIS claims that the roller coaster will
not be visible from Glen Lake, the lake is not shown as a proposed location for a test area, and the
lake is a great flat surface and I have to believe that if actual tests were made, it may very well
be visible from the lower part of the lake. The fact that tourists are not present for 40 weeks of
the year does not mitigate the impact of the roller coaster. the visibility of people who live in that
particular community. I suggest re-vegetation areas between Round Pond Road and the Great Escape
structure. agreement to maintain existing vegetation and berm around the site of the roller coaster.
Lighting shall not be permitted 15 feet above ground level. even for security purposes to minimize
visual impact at night. Said lighting at ground level shall be for the purpose of lighting the ground
and not spotlight..portions of the road. Hours of operation. another point. The present operation
of the applicant is tolerated to some degree during its present hours of operation. It's been there
for 34 years. I think there are some limitations. Even the smallest airport. today, would be permitted
to land the Concord, or some plane of that nature. This present application, although it's framed
in terms of being..continuation of the existing operation. must by the Board be looked upon as being
a means of supporting the existing operation without which. if the applicant is correct, the existing
operation would not survive. The support of it is. in effect, the expansion of it, because it allows
the operation to continue in the future. With that in mind, the Board must be cognizant of the fact
that if this operation were to suddenly switch hours and operate on a regular basis in the evening.
the same would be much more objectionable to those in the immediate vicinity. In fact. without
additional care for pedestrian traffic on Route 9. there would be a great deal of exposure and danger
for pedestrian traffic. The number of times that the park has operated on an evening basis should
be quantified and future operations of the park should not be allowed as a condition of this approval
to be expanded beyond those number of times on an annual basis. ...report controls before the problems
arise, as opposed to waiting until the problems become a crises. At a recent public information meeting
which Mr. Bartlett's referred to. the Sound Engineer indicated that even the existing operation of
the amusement park could be toned down significantly if there were an expenditure of funds. We would
suggest that hours of operation be fixed, as they presently are, and that the door for change be left
open only if the applicant. at that time. can demonstrate that the noise of the even existing operation
will not be projected beyond the property line. We respectfully reserve the right to follow the above
comments by written comment within the appropriate period and thank you for your time.
MR. CARTIER-Are we going to get copies of that. Mr. O'Connor?
MR. O'CONNOR-You'll get copies.
12
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MR. CARTIER-Thank you. Sir?
JAMES WELLER
MR. WELLER-My name is Jim Weller and I'd 1 ike to ask a question, after Mr. O'Connor's presentation.
and reserve my time until later when I can make a public comment. May I ask the Board a question about
the presentation?
MR. CARTIER-Certainly.
MR. WELLER-Was Michael O'Connor representing himself as a resident, as a memberlspokesman of the Glen
Lake Association. or as counsel for the Glen Lake Association?
MR. CARTIER-Lets get an answer right now. Mr. O'Connor. can you answer that? I assume he was
representing the Association, and that's why I gave him a time limit.
MR. O'CONNOR-I am speaking as an individual, as a member of the Board of Directors of the Glen Lake
Association and as counsel for the Glen Lake Protective Association.
MYRIAH SMITH
MRS. SMITH-My name is Myriah Smith, and I live on Mannus Road in Glen Lake. and you can see with this
kind of thing that what is going to evolve will be a compromise that you will probably allow something
of what they are asking with conditions and what I would like to call your attention to is that these
conditions would be enforcement. and my own experience with the Town of Queensbury is that they are
a dismal record of enforcement. I own the property where the Town of Queensbury allowed my neighbor
to dig a hug hole, in violation of about four pages of the Queensbury Ordinances. For almost three
years, now, I have been trying to get them to enforce their Ordinances. I cannot.
MR. CARTIER-Ma'am. I appreciate those concerns. I am very aware of those concerns, but I'm going to
ask you, if you're going to use that. please relate it to what is exactly before the Board.
MRS. SMITH-I am. and what I am asking you is that, do you do any follow up. When you put out these
conditions and these things never happen, do you do any follow up? Do you have any way of approaching
the Town of Queensbury?
MR. CARTIER-Does this Board. you mean?
MRS. SMITH-Yes.
MR. CARTIER-I think usually what happens, when things like that are brought to our attention, we direct,
or suggest to the person, first of all, let me answer your question, no. I think the way that we operate
is that, this Board is not an enforcement Board. What we try to do is direct people to the enforcement
portion of the Town Government. I appreciate your frustration, and I'm not sure this Board is the
place to get your frustrations taken care of, in terms of enforcement.
MRS. SMITH-Yes. excuse me. who is the enforcement?
MR. CARTIER-Well, you could go to the Zoning Administrator. Mrs. Crayford, or Dave Hatin, either one
of them.
MRS. SMITH-All right.
MR. MARTIN-That's the Building and Codes Department.
MRS. SMITH-Three years later, I've been through that. It doesn't work.
MR. CARTIER-The only thing I would suggest is keep trying.
MR. HAGAN-Or wait until November 11th.
ROBERT CANTERBURY
MR. CANTERBURY-My name is Robert Canterbury. I am a resident of Glen Lake, in fact. directly behind
the Great Escape. I've been in the area a long time. In fact. we purchased property at the Lake around
the time when StoryTown became a real ity in this area. We are not opposed to the Great Escape, and
want to make that plain, but there are some things that cause us great concern. I am concerned.
especially, about the water quality on Glen Lake. Just recently. and within the last few years. we
have noticed a lot of sediment in the water and growth of weeds and so on. which made it very difficult
for us, even so far as swimming is concerned, at times..try and get some debris out of the Lake. Now.
I call your attention to the fact that many of the occupants of Glen Lake have to get their water out
of the Lake and they have to provide their own sewers. of course. and we are more or less in a position
where
13
we have to accept whatever the situation is concerning our own water supply and, actually, the
environment of the Lake and the things that we enjoy. While I appreciate the business proposition
and the benefit of making a lot of money and drawing a lot of people, there's a question in my mind
as to how far this can go. Last year we had to deal with the possibility of a water slide and now
there's a possibility of this great big roller coaster. To tell you the truth. as I hear the estimates
of just a slight difference it will make. I question this. actually. very greatly. They already have
one roller coaster. and now they want another one. That will make two roller coasters. and this, of
course. larger, but our concern. my concern. and the concern of many of the residents of Glen Lake
is the quality of the water and the environment there. How sad it would be to just foster the explosion
of more activity in the business area and yet destroy the quality of an entire lake with all its
inhabitants there and all the cottages that are there. It doesn't seem fair to me that this is the
case. So I oppose it on the basis of the impurities that are apparently getting into the lake and
the resulting things that we have seen in just the last few years. and then there's another thing that
I would like to mention and that is the fact that, at certain times. it's almost an impossibility to
get out the Glen Lake Road. To make a right hand turn, sometimes you can make it, but to make a left
hand turn and go down toward Glens Falls. sometimes. is almost an impossibility and the traffic is
tremendously heavy there. If this becomes a reality. and there's certainly going to have to be some
changes made in order to safeguard the very 1 ives of individuals that are there because the traffic
is really horrendous at times and these are the two things that effect us. There's already been
mentioned about the other things. but I think as a resident of the Lake, the Board ought to know just
how some of us feel. I'm right directly behind StoryTown on Canterbury Drive and this. of course.
sometimes I can hear some of the things that go on down there. which doesn't effect us greatly. I'm
not complaining about that. but as they come nearer to the Lake. as they move up toward the Glen Lake
Proper and they have some other things coming. who knows what the outcome is going to be then and so
we're concerned about the quality of the Lake. I should think maybe it's better to put something else
in and settle for the one roller coaster. We're opposed to it.
MARILYN STARK
MRS. STARK-My name is Marilyn Stark and I'm the owner of the Mohican Motel located on Route 9 in Lake
George and I would like to reiterate some of the things Mr. Beckos said and Mr. DeSantis said earlier.
Regarding tourism, tourism is a major force in the economic health and stability in Warren County.
The need for diversity. drawing the visitor to the area. has never been more important for continued
growth and also to help keep down the taxes. It is a fact that many established theme parks have been
forced out of business for a variety of reasons. The Great Escape must be allowed to continue to remain
competitive by upgrading and bringing in new attractions. The economic impacts of the Great Escape
goes well beyond the sales tax revenues collected from the entry fees and retail sales. The seasonal
employment, alone, represents more opportunities to our youth and senior citizens. The proposed new
ride. the roller coaster, will not only compliment the existing rides and activities. it will create
a new enthusiasm and excitement for the visitor to come to the park and to the Lake George region.
Additionally. the Lake George Great Escape Fun Park is a marketing arm for Lake George and Warren County
by providing the vi sibil ity for the region and for every business in it. Since the County Tourism
budget has been..and the existence of the "I Love New York" Campaign. it would seem to me that everyone
1 iving in this community should help support Mr. Wood's efforts for his continued investment to the..
Wi thout an opportuni ty to grow. we do become dormant. dull. and dead. the three D's. a dead economy.
Many years ago. Mr. Wood developed StoryTown. Very few homes were in existence around the fun park
then. Why were homes and neighborhoods developed around the fun park if they felt it would be too
noisy? Perhaps they should have located elsewhere. As you all know. the park operates seasonally.
Memorial Day to Labor Day. encompassing a grand total of three and a half months. During that time.
the economic impact of Mr. Wood's business to Warren County is enormous. The spin off business to
motels. restaurants,.. industry and much more is directly related to the Great Escape Fun Park. It
is a fact that businesses that reinvest in their properties have continued to thrive. In closing.
I urge you to lend a deaf ear to the opposition to Mr. Wood's project and vote in favor of this ride.
Thank you for your time.
MR. CARTIER-Thank you.
SUSAN BAKER
MRS. BAKER-My name is Susan Baker. I live on Northwood Drive in Courthouse. The Great Escape is not
static. It used to be StoryTown, and there's a very large difference between a pumpkin being drawn
by some sort of pony, and a roller coaster. Really quick. something nobody has mentioned. we can hear
the Bavarian Palace and Ocktober Fest with our windows closed. because it is cold. and the Ompah Band
and the vibrations, everything closed up. When you call. there's no noise ordinance in the Town of
Queensbury. If there was. the Warren County Sheriff's Department informed me, it doesn't matter. you
can't measure it anyway. You can't call the Park because nobody answers the phone. So. the season
can get bigger and longer and it can encroach, and if you can't get away from it with your windows
closed. it's a little bit difficult. and Mr. Wood has been very kind. He had engineers come up because
they could not believe it. They thought we had gone to the Park and written down the songs. The
traveling noise is very noisy. especially over a swamp. Thank you.
ERNEST HOROWITZ
14
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DR. HOROWITZ-My name is Dr. Ernest Horowitz. I live on Glen Lake, on the west side, Birdsall Road
side. I stand against the roller coaster in its present form. I will not reiterate all of what Mike
O'Connor said. I'll just mention the issues of drainage. parking. traffic, especially traffic for
me. as an individual. and others near me. Making a left turn onto Route 9, as you've been told many
times tonight. one must be very bold from both Glen Lake Road and from Round Pond Road. The issue
of a history of noncompliance, with the spirit of grievance made with this bOdy, I am a veteran of
other battles between the applicant and these groups. I know that the issue of noncompliance exists
today. as Mrs. Smith mentioned to you before. once these issues get past this body. they become somebody
else's problem. they become enforcement, they become ours. There is no enforcement in Queensbury.
as we know it. Lastly. there is an issue of juxtaposition. Where is this roller coaster going to
be. juxtaposed to the nearest or potentially nearest private residence? People have mentioned the
magnificence of other roller coasters around the State. Well. then, lets look at other roller coasters
around the State and see how far, what is the distance between those roller coasters and the nearest
residential neighborhood? Moreover. those neighborhoods. are they equivalent to Queensbury? People
have mentioned Coney Island Beach, Rockaw~ Beach, Rye Playland. What is around those? I've seen
what's around those. There's hardly anything. There are baseball fields, maybe movie houses, slums.
Is there a neighborhood like Queensbury? Thank you.
DAVID KENNY
MR. KENNY-David Kenny. a resident of the Town of Queensbury and a member of the Queensbury Business
Association. I'd like to go on record as being in favor of this project. I believe the economic impact
of such a project on the area, in light of the declining economy, with the State and Federal cutbacks
of the local municipalities will be a tremendous value. The increased sales tax generates the..the
advertising dollars, the benefit to all lodging facilities around Warren County and all restaurants
around Warren County, just to name a few. Warren County depends upon tourism for a good part of its
economic base. I, for one, being in the tourism business, I've had the opportunity to deal with many
tourists that visit the Park year in and year out, and all I hear are positive comments on how well
the Park is run. The quality of life in Queensbury or Warren County is great. I believe it will
continue to be great only if we balance our development and let such projects as this continue to change
and grow and to live and not to die. which is a major source of our economic base. If we stop these
projects, we become just a..or retirement community. We will see taxes rise and I believe our quality
of life will decline with it. The land is zoned for such use. It has been part of the Queensbury
family for a long time. Many projects have grown around it. and there is still vacant land left to
be developed. This land was bought with the knowledge of this Park's existence, and at this time.
nor at any other time. do I feel the Park should be penalized for this. Thank you.
MR. CARTIER-Thank you. Anyone else, please?
LORRIE GRAVES
MS. GRAVES-My name is Lorrie Graves and I'm a tax payer. a resident of Glen Lake and the Secretary
of the Glen Lake Protective Association. and I'm opposed to the proposed roller coaster ride as it
has been presented unless certain stipulations and enforcements are made. As a member of the Glen
Lake Protective Association and resident. it is my duty to protect and preserve Glen Lake and the area
around it that will effect the Lake. I have had the opportunity to see the presented Environmental
Impact Study and feel that several areas need to be addressed further. Fi rst and most importantly
is the noise. From my residence. a variety of noises can be heard, from the lions roar, the elephants,
the show in Ghost Town. the people screaming, to even the sound of the roller coaster ride at the front
of the Park. While none of these present noises are intolerable, I do feel a 91 foot roller coaster
erected on the planned site would more than greatly add to the already existing noises. When
occasionally the park is open past 6 o'clock into evening hours. the already present noises are
disruptive to the serenity of the area. Though not a present issue, I would hope that a time limitation
woul d be put on the park hours, so that regular park hours woul d not and coul d not be extended past
6 o'clock because of the serious noise problem this would create, whether there is or is not a new
roller coaster ride added. Secondly, I will speak about traffic. Assuming such a new ride would
increase the attendance two to ten percent, most people paying $13 to $16 for a ticket are going to
arrive around opening time and stay pretty close to closing. There are two traffic lights to allow
their patrons trying to enter traffic onto Route 9, but what about the Glen Lake Road and Round Pond
Road? During opening and closing times of the park, you can sometimes sit there waiting 10 to 15 minutes
trying to get onto Route 9. What is this going to be like with this added two to ten percent increase?
Some time something must be done to solve this problem. I also think the wetland areas should be
addressed. Water Quality is a very important issue to Glen Lake and any drainage or runoff from anyplace
into Glen Lake effects water quality. The Great Escape is a large area and from that area comes a
lot of drainage. What. if anything, does the Great Escape do for filtration. A restaurant established
on Glen Lake planned renovations, in no way changing the size and/or area of the parking lot, but the
Planning Board says he must now put in filtration for runoff in his parking lot and from the Glen Lake
Road. This is good, but shouldn't the Great Escape be made to do the same thing? You never know what
problems parked vehicles may have or what they may be leaking onto the parking area. This all runs
into the Glen Lake Fen. Water Quality is very important. Water pollution is not that easy to clean
up. It is an area of concern that is long overdue at being addressed. The Environmental Impact Study
had pictures of the balloon
15
test done from several locations. There were two pictures taken from the bike path...Glen Lake and
show no balloons. I say these were taken too close to the mountains or hills. Stand too close to
a house and look at the roof and what do you see, not much. Move further away and what do you see.
the whole roof, the chimney, the peak. the overall picture. The shots taken on the Glen Lake side
are too close. I would like to see the balloon tests done again with pictures taken from further down
the Lake. a more overall picture. It is unfortunate that Great Escape's issues most always involve
residents of Glen Lake, but we have this big beautiful piece of natural beauty to protect. and to sit
back and do nothing to save nature would be catastrophic. We do what we have to do to protect our
investment in future. just as any other concerned citizen would or should do. Thank you.
TOM RHODES
MR. RHODES-Hello. My name is Tom Rhodes. I'm a resident of Ballston Lake. I'm a frequent patron
of the Great Escape. I'm in support of the roller coaster. I was going to excerpt a couple of letters
that I wrote to the Board, but the lady who owns the Mohican Motel hit most of my points as well as
I could have, about the importance of a business such as the Great Escape to a municipal ity 1 ike
Queensbury, in regards to real estate tax, sales tax. and employment, and I would also like to point
out. on the issue of noise, somebody that spoke mentioned parks such as Coney Island and such. whether
the neighborhoods are like Queensbury and the answer to that is, yes. there are a number of parks that
are in residential neighborhoods that are like Queensbury. One of them is Kanobie Lake Park in Salem,
New Hampshire, with a neighborhood very, very similar to Queensbury. They have a wood track roller
coaster similar to the Great Escape's proposed coaster and there's Riverside Park in Agawam, Mass..
immediately borders a residential neighborhood. and Knobles Amusement Resort in Pennsylvania, south
of Scranton. actually incorporates a neighborhood very similar to Glen Lake, right within the park.
and the noise of the roller coaster does not reach those residents. A wood track coaster is an entirely
different type of ride. The sound does not project into the distance. In fact, all those parks that
I named from outside the park on the property line, you cannot hear the coaster and so I would support
the Great Escape's application. I'd like to give you a couple of copies of that letter.
MR. CARTIER-Certainly.
MR. HAGAN-Sir, will you say where live, please.
MR. RHODES-Yes. Ballston Lake.
CAL POWERS
MR. POWERS-Mr. Chairman. my name is Cal Powers. a year round member of Glen Lake. Several years ago.
we were asked to increase our real estate taxes. At first we were upset. then we realized we were
buying a product. That product was clean water. serene. quiet times. psychological effects at the
end of the day, quiet time, primarily. Obviously. the Great Escape is attempting to rob us of this
feature. Understanding what's been read here. tonight. not knowing before we came, but apparently
this is a fact, certainly not accusing anyone of anything. Two years ago this spring. if we're talking
about Mrs. Smith who said, how do we. after the fact. take care of business. Coming up Route 9. by
the Great Escape. garbage truck pull ing out of the west side parking lot of the Great Escape. exits
Route 9 on the east side. prior to the Trading Post. full of garbage bags. I pulled in off the pull
off area. waited for the truck to come back, did not see it come back. probably should have stayed.
I would be criticized tonight for not staying and probably finding out the real answer. Looked down
there, there was a pile of garbage bags. probably a storage area. hopefully not a dumping area. Don't
know what it was. Set my mind to thinking. are we taking care of the water of Glen Lake? Gentlemen.
Lady. if you bought a stereo, please enjoy it to the max, but if it offends your neighbor, that's not
a fair situation. The same goes for the plight of the Great Escape. Thank you.
LINDA CLARK WHITTY
MRS. CLARK WHITTY-I am a home owner on Ash Drive. Glen Lake. I am also representing my parents. Ann
and Robert Clark. who are also owners on Ash Drive. Glen Lake. I have lived on Glen Lake for 20 some
odd years. and I have heard. for those 20 some odd years, the activities of the Great Escape. I hear
the train whistle. I hear the Ghost Town activities and I know hear the new roller coaster. So. it
is a fact that. yes. the noise is heard. I am very nervous about another roller coaster going in with
even more noise. Most importantly. I think we need to focus on the water issue and the fear that we
all have about the water and this parking. I'd just 1 ike to support everyone who has been here who
has opposed this project and would also like to submit this letter to Mr. Cartier.
MR. CARTIER-Anyone else. please.
BRENT NICHOLS
MR. NICHOLS-Brent Nichols. I 1 ive on Canterbury Drive next to the Great Escape. This seems to me
that it's an issue between the homeowners that bought property there and intend to live a quiet life
in Queensbury, the same as ourselves. and big business that's got the money and has business going
and tourists and all that sort of thing. The main thing the tourists did for us. I think is to raise
16
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our taxes and..organizations to take care of that. Our taxes have gone up. Our prices go up. Every
time the tourists come to town. our grocery bills go up. We thrive on tourists. and so does the Great
Escape. I think there's a limit. as far as the noise and the traffic. I think before this Board
approves such a thing. I think they should take care of the situation on Route 9. The same as that
Million Dollar Mall up here. They didn't bother with traffic. That'll work out. Steve Borgos said
that'll take care of itself. It's taken care of itself, but it's costing a lot to do it right now.
I think this should be done here. before that's acceptable. It seems to me that they ought to see
what they're going to do about traffic and let them take care of that first. before it happens. because
it does not take care of itself. It only gets...Another thing I'd like to know, I haven't heard
anything. I've heard about keeping the roller coaster open at night. Has there been any time set
on when they could close? Because we live right by there and I'd like to find out and I'd like to
have it as soon as possible. I haven't heard anyone say one particular time. That's all I have to
say on this.
GEORGE STARK
MR. STARK-Mr. Cartier. my name is George Stark and I've been a resident of Queensbury for 27 years.
I decided. after talking to a lot of people. that one of the main concerns was noise. from the
potentially new roller coaster. so what I did was get the Town of Queensbury sound on the meter. borrowed
it from Mr. Borgos. and went out and did a little study. I went to the present roller coaster on the
west side of Route 9 and parked my car this afternoon. and took a decibel reading. Most of the time
it's less than 80 db's. When a car went by, a particularly big car or truck or something, the decibel
reading would go over 80. which means that noise is effected more by the vehicle traffic than by that
roller coaster that's present. I went down to the entrance to the campground. what used to be the
campgrounds. on Round Pond Road. Took readings there also. Most of the time they were less than 70
db's. except for when a car went by, then they were between 80 and 85. There was no trucks that went
by this afternoon. I went down on the bike path. on the west side of Glen Lake. Most of the time
down there. the readings were between 50 and 60. Boats woul d increase it anywhere from 60 to 80 and
these noises were still not objectionable. when boats went by. even. I went up on Greenwood Lane and
Twicwood, this afternoon, and took a reading. got between 60 and 70. When I started my own car. the
noise went up to 75. The point I guess I'm trying to make is I don't think a new roller coaster is
going to increase the noise that much, db wise. in these areas that I've taken readings from. and on
that basis. I'm going to support the Roller Coaster. Thank you.
MR. CARTIER-Sir?
DR. PRENDERVILLE
DR. PRENDERVILLE-I'm Dr. Prenderville. I have a camp on Glen Lake and I've been there since 1902 and
I've been going there since I was a little boy, and I've been rowing and canoeing up in the swamp since
I was a little boy. and water pollution problems started on Glen Lake when they started filling in.
before the State went into all its laws about wetlands, and there used to be two inlets coming in there.
There used to be a lot more current (Tape Turned) I'm not blaming it all on the Great Escape. but when
you get to the noise problem, and the gentleman very kindly took some studies. but have you ever listened
to a radio on one side of the Lake? You can hear it on the other side of the Lake. clearly. It's
an entirely different situation than going out in the woods and measuring the sound on a roller coaster.
going over the hill and measuring it from the other hill. I lived over the hill from the Casino for
years and the noise that I heard was the kids swearing and carrying on in my driveway, but I didn't
hear much of the music. but the people across the Lake couldn't sleep. They couldn't do anything because
the sound blasted throughout the 1 iving room. This is the concern that we have. and there should be
some decent studies done and certainly, if there are no sound laws in the Town of Queensbury, it's
high time we had some, because they are a problem. All you have to do is live next door to a rock
and roll place to find out what kind of a problem they are. but I got notice about this meeting at
7 o'clock tonight. I drove up here from Albany, and I even got a speeding ticket on the way up. So.
I don't know what happened earlier. The thing is. I think the objection that people have is the
continual expansion without all of the proper..and I think that if this thing is going to be allowed,
it should be allowed on the basis that it's not going to be a noise problem and it's not going to cause
other problems on the Lake. and if it's not going to be allowed. then it should be.. Thank you very
much.
BRIAN GRANGER
MR. GRANGER-My name is Brian Granger. I'm a resident of Queensbury. If you drive by the Great Escape
this past summer and last year and look at the number of cars in the parking lot..the numbers are down.
Even if the roller coaster proposed a 10 percent increase in business. I think it's less than what
two years ago was. So. I can't see anymore traffic problems than what there were in the past. If
you count the "No Vacancy" signs in the motel rooms, as you go up the Bolton Road, you see a decrease.
That's evident. When you grow. you prosper. When you.. then you rot. In the Lake George Guide, the
Waterslide World. in their ad, "Come see us this year. Look how we've expanded." If the Great Escape
cannot expand anymore than it's just going to die. We have to let someone expand. The Park was there
long before the residences was. The residents have grown around the Great Escape. I understand that
there are noise concerns. I don't believe that there will be that much increased noise. Thank you.
MR. CARTIER-Thank you.
11
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DON SYRA
MR. SYRA-My name is Don Syra. Courthouse Estates. I have lived in both Twicwood and Courthouse Estates
over the past 25 years. In 1966. when I came to build a home in Twicwood, the amusement was called
StoryTown, which was very quiet and very well run and very clean. In the 12 years I lived in Twicwood,
it expanded considerably along with the noise. and what I call visual pollution. rides being put out
close to the road with unattractive signs. Recently. in the past eight years. I moved to Courthouse
Estates. In Courthouse Estates. you could hear quite a bit of the noise that goes on. The band that
plays, the circus, people on the rides. I'm not saying that the Great Escape should dry up and blow
away. but what I'm saying is that if we want another Million Dollar Half Mile problem, maybe you should
just go ahead and approve this. not making plans for the future. What I would like to see you do is
to worry about the noise and the traffic. the pollution. both audio, visual. and water. and make plans
for what's going to happen down the road if this Park does stay open at night. If it does expand beyond
one roll er coaster into more rides. The peopl e in the Town of Queensbury deserve to be heard.
Businesses derive their livelihood. in part, from the Great Escape, but I have a feeling that if somebody
pulled the plug on Lake George. it wouldn't make much difference whether the Great Escape was there
or not. Thank you.
PAUL ROBILLARD
MR. ROBILLARD-My name is Paul Robillard and I live up in the south end of Glen Lake. just off Birdsall
Road, and I've only been living there a few years, but since Mr. Wood. or the Great Escape has
incorporated more and more. over the years. the problem is a big issue. When the camping area was
there. at night. young people would like to have a good time and I thought, at the time, that it was
closer than it actually was. I couldn't believe how far sound carried at night, and I guess what I'm
trying to say is that I think this thing should be 1 imited to. say. 6 o'clock. when the park closes
at normal hours. because it's unbelievable how far sound will carry at night. That's all I have to
say. Thank you.
CASEY BLACKBIRD
MS. BLACKBIRD-My name is Casey Blackbird. I'm from the Twicwood area. and I guess I'd just like to
say that Mr. Wood has been a very good neighbor in the past and we've had a few tiffs about things,
but I was hoping that maybe we could compromise on this. This roller coaster seems to be a big problem
with a lot of issues. Maybe they could grow in different ways. maybe not so large and not so
objectionable to the people around him. and since he's always been a good neighbor in the past, and
the Great Escape is a wonderful place to bring your children, and it is good for the area. Maybe it
could just grow in a way that's acceptable to all the people. Thank you.
MR. CARTIER-Thank you.
SUSAN HALM
MRS. HALM-Hi. My name is Susan Halm. I live on Jay Road in Glen Lake. Mr. Birch spoke earlier and
referred to his article that we saw in today's paper about the..There was another article that talked
about a 14 year old boy that was killed in a ferris wheel at a park also owned by this corporation.
and in the past few weeks we have heard about a child. a little boy that was hurt on one of the rides
here. I think before they talk about putting in a 19 foot roller coaster, they should address their
safety and employee education programs that they have in place. now.
MR. CARTIER-Thank you. Anyone else who would care to speak for the first time?
MR. WELLER-Thank you. My name is Jim Weller. I live in the Town of Queensbury. I live at the other
end of Glen Lake. I was born, brought up. been there all my life as a year round resident. I'd like
to speak, first. to my impression of the water quality on Glen Lake. Forty years ago, Glen Lake was
a community of a few summer cottages. There were no problems with water quality. Today. Glen Lake
is made up of densely populated, year round homes. The deterioration in the quality of the water on
Glen Lake no doubt is the result of this development of homes around the Lake and not solely the result
of the development at the other end of the Lake and the Great Escape. It's my understanding that the
situation is being seriously and studied and looked at and that Tom has been conducting studies as
to what the quality really is and what needs to be done to improve the quality of Glen Lake. I. in
my own impression. don't believe that the roller coaster at the Great Escape is going to have any
significant contribution to deteriorating or further deteriorating the quality of Glen Lake. Secondly,
on the noise, I don't see the noise as being objectionable to me. I understand that I live on a
recreational area. I sit fairly high on a hill on the far end of the Lake. I listen to the airplanes
that are on the fl ight path. other planes that land on the Lake in the summer time. Some nights I
wish I weren't hearing them. but I understand that it's a recreational lake. that's a recreational
activity. It's a permitted activity and we live with it. It's part of our economy. It's part of
our base. I listen to the boats. and there are many people that live around the Lake, speeding up
and down the Lake. and I can hear them. mostly through the day. but many times into the evening. The
Lake has become quieter in the last few years. but it is still noisy because of the boats that are
on there. I don't see the significant increase in the noise is going to be developed in this community.
in this area, by the addition of a roller coaster. I'll speak to the traffic. Traffic is business.
We need traffic.
18
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If we don't have any traffic, we don't have any business in this community. We need business in this
community. If we've got a traffic problem. I submit to you, lets solve the traffic problem. I was
thinking this afternoon. if we have problems with overcrowded schools. we don't try to limit the number
of students that come into the school, we build more schools. more classrooms. If we've got a traffic
problem. lets build some more roads and some more intersections and some more parking lots and solve
the traffic problem. We need traffic because it represents business, and I'll speak to business.
There's a lot of emphasis in this community to create an educational opportunity, an educational base
in business opportunities, an economic base. so that our children can st~ here. as they grow up and
enjoy the same type of life that we had here in this community. I'd like to be able to see my children
live in a place where they can get a job and a place where there's a good economic base. My son recently
who recently graduated from college and he was able to find a job here in the Town of Queensbury and
live in the Town of Queensbury. I think there's been a lot of efforts. here, to be able to provide
those kinds of opportunities and we need business growth, business vitality. and new business in here
in the Town of Queensbury so that we can 1 ive here and have a good economic base and a good tax
structure. I'm in favor of the revitalization of the activities and the rides at the Great Escape.
I think this it's essential for our area and I strongly support it. Thank you.
MR. CARTIER-Is there anyone else who'd care to speak for the second time? Ok~. If not, does the
Board have any questions of anyone who has spoken so far? Okay. There being none at the moment. would
the applicant care to address the Board?
MR. BARTLETT-Members of the Board, Ladies and Gentlemen, I'm Dick Bartlett. I'm here with my partner.
Wayne Judge,..Mr. Beckos. Holly Elmer, from LA Associates. all representing the applicant. This is
not a debate, tonight. and I don't intend to make it one. We're here to elicit public comment on the
proposal. and not necessarily to hear from me or the appl icant. but I do think it important to try
to put this in context. The DEIS has been found by this Board to be complete. This was based on the
recommendation of the professional staff and the question was completeness..as a Draft EIS. ..questions
can be raised about it as they have been tonight. but it was determined to be complete. as a..
MR. HAGAN-Tonight is only for the purpose of a public hearing.
MR. BARTLETT-Correct. Tonight we have heard a variety of opinions, a variety of representations, both
for and against the project, happily, it's your task to sort them out and not mine. but I do want to
say that it's important to understand what the significance of this new ride is for the economic
viabil ity of the Great Escape. The largest attendance recorded at the Great Escape to date was in
1987. When we talk about two percent increase attributable, hopefully. hopefully attributable to this
new ride, we're talking on the present base. So, it's good to keep in mind, when we think about impact
on parking and on traffic, that the peak year was 1987. for the Great Escape, and so when we talk about
increases, we're talking about increases on the current base. Now. the point was made by Mike that
someone had said that there was a 10 percent increase hoped for on the ride. I don't know who that
optimist was, and I'm not s~ing the statement wasn't made. but I have to tell you. there was no
representation that this was arrived at based on any study of any kind whatever. We had a study made.
by our expert. who looked at increases in attendance for which he extrapolated his traffic estimates
based on comparable new rides at other amusement parks. and two percent is the figure he came to and
the figure he defends. and no one. I repeat. has suggested that that figure is invalid, except that
Mike has said somebody mentioned 10 percent at some time. He never suggested that any study had produced
anticipated 10 percent increase by reason of this ride. Mrs. Pulver and gentlemen, we have to keep
in mind economic real ity of running an amusement park. It is not static. We have to have new
attractions to maintain a attendance, let alone hopefully show some increase, and that's why. from
time to time, new concepts are introduce. Now, I have to tell you, so far as the roller coaster is
concerned, Charlie Wood is on an emotional roller coaster. as regard to that ride, because he fell
in love with it as you've heard hundreds of people have, it was determined to keep the Comet going
by bringing it here to Queensbury. You've heard the enthusiasts. I'm not one of them. I don't plan
to ride it. on the other hand, I get dizzy above the third floor. Lots of my friends are really
enthusiastic about the roller coaster, including one 83 year old, by the way, who says he wants to
be on as soon as it opens, but..sort of a hint, here, that maybe not nice people are going to be
attracted to this Park because of this new attraction. I..at our first hearing. well. what kind of
people are going to come. The fact of the matter is, they're very nice people and it can be said about
the Great Escape, without question. it remains and will remain to be essentially a family attraction
and it will bring the kind of people that you want to come here as tourists and will continue to support,
not only the Great Escape, but the economy of our area. So, the two percent increase we hope to get
from this attraction is not the justification for this investment alone, is to maintain the attendance
that we have. and that is an economic reality of a business. We talked about traffic, and our expert
has made a submission to the Board and he anticipates very 1 ittle increase in traffic or in parking.
Let me address traffic for a moment. I think I heard Michael O'Connor say that we welshed on our
obl igation to provide a turning lane on Round Pond Road. Not true. We did not have a commitment to
put a turning lane on Round Pond Road. We had a commitment to take it up with the County. We did.
It's a County road. We don't own it. We can't build a turning lane there. It was turned down by
them. There's been the talk of other traffic controls that mayor may not be needed on Route 9. There's
been talk, recently, about whether we need four lanes on Route 9 for the whole busy portion from either
149 down to the Northw~ Exit or even all the way to Aviation Road. Whatever is needed. DOT is studying
Route 9 and will have to come up with determinations and handle the traffic that's there. Traffic
is all not caused by the Great Escape by any means.
19
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In fact, it's fair to s~ the most serious traffic problem we have now is the 149 south to Exit 20,
but be that as it may. we should hope. ladies and gentlemen, for the economic viability of this area,
that we continue to have a lot of traffic on Route 9. The question is how to have it manageable. how
to give people access, and that's a problem that the County and DOT will have to address. It is not
the applicant's obligation to provide an increase of lanes or the other traffic controls that were..The
two traffic controls that are there are to control exit and egress from the parking lots serving Great
Escape. Those were put there by the applicant and conceited to be our responsibility. Let me..other
cOlllfent about parking. The representative of the Glen Lake Protective Association cannot get away
from tal king about parking near the wetland. Now, whether parking has gone on there for one year or
twenty years, whether it's grandfathered or whatever, I submit is irrelevant to this application.
The parking that is there now is overflow, on occasional. It is on permeable soil, 18 feet above the
level of the wetland. There is no evidence, whatever, of any contamination from that to the wetland.
In fact, I'll make a broader statement. There's no evidence. that I'm aware of, I believe this Board's
aware of, or the Glen Lake Protection Agency's aware of, that the Great Escape itself contributes in
any way to the pollution of Glen Lake. There is no evidence of it. Now, I live on Lake George, and
I'm as concerned as anyone in this room about pollution. I know where it comes from on Lake George.
It comes largely from non functioning private septic systems and that's where it comes from on most
lakes. I'm not s~ing I know that's where it comes from on Glen Lake, but what I do know is, that
there is no evidence that the operation of the Great Escape contributes, in any significant w~, to
the pollution of Glen Lake. In fact, the very function of the wetland which lies between the Great
Escape and Glen Lake is a cleansing. filtering process which all of us know is the way in which the
wetland in the Town works. I just have to sum up in this w~, to suggest that anything new in this
community will have no impact is, of course. silly. There are alw~s some trade offs, but what our
studies show and what we believe they conclusively demonstrate is that the noise increase is not
significant, that the traffic impact will not be significant. that parking is adequate now, and that
this new ride will not adversely impact the community in a way that should concern this Board or the
citizens of the Town of Queensbury. Its positive effects have been outlined here by a number of speakers
and they're evident of ours. Tourism is the economic life blood of our community, and we need to keep
it healthy. We need to keep the Great Escape healthy. That's the purpose of adding this ride. I
want to close on this note. This ride is proposed in a location on the Great Escape property that
is designed to diminish it's impact from the point of view of visibility and sound. We invite you
to go over and take a look at the site. It's got a high hill behind it. It is in the least visible
portion of the park. Now, maybe Mr. Wood should have put this thing right in the middle of the park,
right in the middle of the attractions where they are. increased its visibility and I suggest to you
increased the sound impact as well. Mr. Cartier. we might even have avoided a site plan review if
we'd have stayed right in the middle of the Park, who knows, but the fact is, the proposed site is
designed to minimize its impact, to minimize its adverse effect on the community. I submit that when
you look at the trade offs between the economi c improvement thi s wi 11 bri ng to the Park and to the
community, as against the minimal adverse effect it will have on the residents in the area, I suggest
it should be approved.
MR. HAGAN-Dick, would you care to comment, put some qualms to rest, about the hours of operation?
(END OF FIRST DISK)
20
MR. BARTLETT-I know it's been brought up. It's been brought up by the spokesman of the Glen Lake
Protective Association..just in connection with this. I can just tell you that for 38 years, the
admissions has closed at 6:00 pm, the Park closes at 6:30 pm. There are no plans whatsoever, Jim.
to change that. Now. have in mind, and we're not being cute with you, that the Bavarian House has
events. has dinner dances there and other functions in the evening. Occasionally there are parties.
large parties. I remember, specifically. the auctioning off of the Dusenburgs to the Hyde Collection
where the party went on substantially later, but there are no plans whatever for the extension of the
hours of the park. It would involve enormous changes in lighting and other..the current operation
of the Park is designed for daytime use by families. and there are no plans for changing that.
MR. CARTIER-Thank you.
MR. BARTLETT-Mr. Wood would like to make a couple of comments.
CHARLES WOOD
MR. WOOD-If the Board would be good enough to excuse me for a moment. I'd just like to turn around
and say, I'm Charlie Wood, the young. white haired man that built the Great Escape. Thank you. Thirty
Eight years ago. I saw a faded sign on Route 9 by Stain and Chambers that said property was for sale.
It had been there for so long, it was so faded you couldn't hardly read the sign. I went to him and
I asked if I could buy the land and they said, you're crazy, and I said. I have a dream, I have an
idea. I want to build a theme park, and I started on that dream and, 38 years later, I still have
a dream to make it one of the outstanding parks in the Country. We have a wonderful reputation and
it's just something that we need. We can buy so called flat rides and put them in and they're filler
rides that take care of long lines. They will not pull traffic. You have to have a sensational ride,
like the flume was our first, the Steamin' Demon, the Raging River, and we need a coaster. I have
a coaster, but there are parks that have seven coasters. I'd 1 i ke everybody to know, just because
you have one coaster, that don't satisfy the people for the next 10 or 20 years. Parks are constantly.
Kenny Wood just put in their eighth coaster and where we're all down. they are up 12 percent because
they put in a new super coaster. This is not a super coaster, but the famous coaster, and I just want
to say. I try to be a friend to the people in this area. I'm going to stay in this area as long as
the Lord will permit me, and I want to work with any of the groups. We spent over $6200 this year
for in-ground speakers that just keep the sound level of our overall sound system to a minimum. We're
working with a sound group in Saratoga that does all the work at SPAC and we're going to find the answer
to cutting down the sound as many leave the Great Escape from our shows or from the circus because
we want to be a friend. We're not here to aggravate people. We need people. We need friends. If
you're aggravated, you're not going to send your friends to us and that's worse than not having a
coaster. So all I'm saying. thank you for your time. I want to be a friend. We'll work with these
groups and we'll work to do anything that will make it happen for this area. Thank you.
MR. CARTIER-Thank you. What's the Board's pleasure? Does the Board have any questions or comments?
Would you care to make any further comments?
MR. CUSHING-I'll make this very fast and short and I wasn't going to say anything else, even though
I could speak all evening on economic development and business concerns, but I felt that a comment
was made on one of the very last people that spoke here and it hit my hot button and it may be
controversial. but you're allowed to comment and I would appreciate it if you would allow me two minutes
on rebuttal, and a comment was made that a young man died out on Fantasy Island on a ferris wheel.
I felt that that comment was out of place. irrelevant and had no meaning at this meeting. When somebody
dies on the Northway, do we close the Northway? When somebody dies in an airplane accident, do we
close the airport? When somebody dies because of a boating accident on Lake George or Glen Lake, do
we call it off limits? When the Scott Paper Company or International Paper Company or James River,
local concerns or internationally known, all over the world have a death in one of the plants, do we
malign the management of the local plant because of that death, of course we don't. These people are
honorable people and I'm sure that the health management of Great Escape grieved for this young man,
as I do and as we all do in this room, and I would hope that this Board would take a statement 1 ike
that and dismiss it out of hand. Thank you.
MRS. WHITTY-Linda Whitty from Glen Lake again. It seems to me that Mr. Wood just contradicted himself.
They suggested that it would be a two percent increase. He just made comment to the effect that the
roller coaster in other parks made a 12 percent increase in attendance. Thank you.
MR. CARTIER-Is there anyone else?
DAVID KENNY-David Kenny, Town of Queensbury. I guess you people have a tough job. You have to listen
to all comments, pros and cons. I have one comment. I really can't distinguish whether the people
that are against this park as it exists tOday or against this ride. I hear a lot about noise. noise
impact, traffic. that's all existing, you know, that's there and I really can't tell whether they're
looking at the ride or looking at the park the way it exists and they're aggravated and they're
complaining about that. If that's the case, they have no business being here. They're talking about
a new ride in the park and I, for one, sitting there, can't tell whether they're complaining about
the existing park the way it is. I think that's the way I interpret it. I think you people have to
disseminate that amongst yourselves.
21
MR. CARTIER-Thank you. Mr. O'Connor?
MR. O'CONNOR-The one point that I make, and the only point that I'll try to, is that a good deal of
the concern of the Glen Lake Protective Association is that this is the first showing of any official
application that has gotten before any Board. to the point where the Board is considering the substantive
merits of an application, that had, on paper. parking that they wanted a blessing of that was within
a buffer zone of a wetland and that's 90 percent of why the Glen Lake Association is here. I think
if the applicant wants to work with us, we've talked about this being the best..This is the first time
that that has been put on paper, and we do not want this Board or any other Board in the Town of
Queensbury to give it's blessing because we think it will come back and haunt us later in other
applications that came before you. That's the only point I make, except for one question. As I
understand it, your consultants haven't done their technical review of the DEIS. When do you expect
that to be complete?
MR. YARMOWICH-We will offer that information to the Board by the close of the comment period.
MR. O'CONNOR-Okay. Will that be available for review?
MR. YARMOWICH-That's the Board's information to do with as they please, and the preparation of the
Final Environmental Impact Statement.
MR. O'CONNOR-Obviously, appl icants, some people, don't have the same resources. We are relying, as
taxpayers in the Town, on the Consultants that the Town has retained for this. We would like. if
possible, the opportunity to include our comments on their comments, within the 10 day period.
MR. HAGAN-I think you already know that. Every night that he presents to this Board his comments,
it becomes public information on that desk. You should be aware of that more than anyone.
MR. O'CONNOR-I am aware of that. but I am also aware, Mr. Hagan, that what we're talking about is not
another scheduled meeting. What we're talking about is the statutory 10 day period for written comment,
following the closure of the public hearing for SEQRA Review of the DEIS.
MR. YARMOWICH- These comments and the comments that are provided as the result of technical review will
be the basis for a Final Environmental Impact Statement which will be made available. In usual format,
it includes a summary of all comments with specific responses, okay. This is not, by any means. the
last chance someone has to review this information, and that's the typical procedure. Whether or not
this Board is going to change that for this, is entirely up to them. If you want to cOOlllent on our
comments, that will be between the Final Environmental Impact Statement and the Statement of Findings,
which is another part of the process.
MR. O'CONNOR-Okay. I will final ize my cOOlllents on the Draft Environmental Impact Statement and I will
do that before the 23rd. If I had the opportunity to review your comments before that, I would approve
response to that.
MR. YARMOWICH-The summary of all cOOlllents will not be available by the close of that period, because
if your comments come in at the last day, as will mine, they won't be available for everybody else.
So, therefore. you can't handle it that way.
MR. O'CONNOR-Okay. Thank you.
MR. CARTIER-Okay. Anyone else? Well. I would certainly thank you for all coming and taking the time
to address this Board. You've given us an incredible amount of information to deal with, but I assure
you, we will look through, carefully, all of these issues. We are not taking this application lightly.
Does the Board have any questions or comments? I got a call from Dave Hatin. He's got some questions...
MR. YARMOWICH-Pete, do you know if Mr. Hatin's concerns relate to some of the engineering conditions?
MR. CARTIER-Yes. they do.
MR. YARMOWICH-Okay.
MS. CORPUS-Mr. Chairman, could I ask you if you will be closing any of these publ ic hearings and if
so, which ones?
MR. YARMOWICH-You must close the public hearing for the DEIS.
MS. CORPUS-Unless the Board feels that not everyone has had a chance to speak.
MR. CARTIER-I will close the public hearing on the DEIS, with the understanding that the public comment
period will remain open until the 26th.
22
MS. CORPUS-As far as the Site Plan, then?
MR. CARTIER-The Site Plan public hearing will remain open.
MS. CORPUS-Okay. Would the Board request that that be re-noticed for the EIS?
MR. CARTIER-Yes. Ok~. Can we formally schedule that, now, for the 27th? John, do you think you
can get all your ducks in a row by the 27th, so we can sit down with the applicant and talk about what
conditions has to be addressed. If you cannot, tell me so.
MR. GORALSKI-They're reviewing the Final Impact Statement, correct?
MR. CARTIER-They are, yes.
MR. YARMOWICH-For you, and you can change it in any way fit.
MR. CARTIER-Okay. My point is, I want to get together with some of the applicants and say, here's
what you must address in the EIS.
MR. YARMOWICH-Maria m~ not have had an opportunity to give you a transcript of this public hearing
at that time. It's doubtful that this 120 or 30 pages is going to be available, correct enough for
us to use.
MR. CARTIER-All right. You don't think the 27th is going to be acceptable.
MR. HAGAN-The 27th is two week from tonight.
MR. GORALSKI-You see, what we have to do, between now and then. is we have to go through all the
correspondence that have been received and all the comments that were made today, and all the comments
that you will receive between now and the 23rd. I don't know if that can be done in four days.
MR. CARTIER-Fine. No problem. We'll kiss the 27th good-bye. Quick question for you, what's our next
time limit that we need to be concerned with, here?
MR. YARMOWICH-The applicant is in control of that, being as they're preparing it.
MS. CORPUS-No. I read over the SEQRA Regulations, and the Final EIS must be prepared and filed. whether
the applicant prepares it or the Board directs them to prepare it, 45 days after the close of this
hearing, or within 60 days of the filing of the Draft EIS, whichever is later, and I calculated that,
and it's 45 d~s after the close of this hearing, which would be 9/27, September 27th. If the applicants
feel. or the Consultants for the Town feel, or the Board feels that extra time is needed, that time
can be extended.
MR. CARTIER-Okay.
MR. YARMOWICH-A lot of it has to do with the applicant's preparation of the FEIS for you to use, and
you may need additional time to get further input from them. I would recommend that you take the time
that you need to prepare a document which, after comment on the FEIS, you can do a Statement of Findings
without having to go back and adjust things significantly.
MR. CARTIER-The Board should ignore the 27th..There will be no meeting on the 27th.
MR. HAGAN-Are we going to establish one?
MS. CORPUS-Whenever.
HOLLY ELMER
MRS. ELMER-What we generally do for an FEIS is organize all of the written cOOlllents and the public
hearing comments into categorize. The big four here is traffic. noise, parking, and wetlands. They'll
be itemized by category. You'll see all the people that have those things to s~, listed by items.
The response will be Comment A, with such and such on parking, will have response, Comment B, response,
all in parking. You'll see wetland comments.
MR. CARTIER-Thank you. Does the Board have anything else?
MR. YARMOWICH-As a mechanism to move things along. and without the requirement for this Board to meet.
if the Board is comfortable with using a designated representative to identify comments, in their
organization, with the applicant and the consultants, that can be done to make things ready so that
they can get to work.
23
~'
MR. CARTIER-Thank you. Yes.
MR. GORALSKI-I would recommend that Tom and I and at least one member of the Board sit down with the
applicant's consultant and make sure we have an accurate list of all the corrrnents that should be
addressed.
MR. YARMOWICH-Certain comments are not substantiative for preparation of the FEIS. and we can help
them with that and we'd like your help. too.
MR. CARTIER-Okay. Certainly. Do you need a motion on that?
MS. CORPUS-That's up to the Board.
MR. HAGAN-When are you going to have that day, because if Peter's going to represent us. I know I've
got comments and he's got comments. but I want to make sure he's aware of them.
MR. YARMOWICH-This is only to address the public hearing and public comments. Your own comments can
be brought to the attention of the applicant.
MR. HAGAN-I'm talking about those comments that I wrote down.
MR. CARTIER-What we can do. very simply is. I'm going to be the one. The day of the meeting, as far
as I'm concerned. you can show up and.
MR. GORALSKI-Well. you can't have more than two because then it's a public meeting. I mean. you can
have a meeting.
MR. HAGAN-No. I'm just asking when you.
MR. GORALSKI-We don't know yet. but what I would do is write up your list and give them to Peter or
to myself or to Tom.
MR. CARTIER-Weil. lets understand what's going on. here. What John and Tom are talking about doing
for us is what I was going to do in the meeting of the 27th. and I'm certainly going to take them up
on that offer.
MR. MARTIN-I don't think we..written comment. If you guys want our comments and we have some to make.
get them over or call them or something, but make them available. There's no reason for us to all
get together and make..project.
MR. CARTIER-Okay. Fine. I think we'll leave it to you guys to come up with a date. and I can be there.
MR. YARMOWICH-The date and time is flexible.
MR. CARTIER-Okay. Thank you.
WAYNE JUDGE
MR. JUDGE-Is it my understanding correct, that you left the public hearing open for Site Plan Review?
MR. CARTIER-Correct.
MR. MARTIN-Yes.
MR. JUDGE-What remains to be done?
MR. CARTIER-Well. at some point, we're going to go back to vote on this issue. I assume.
MR. MARTIN-We have to wrap up the environmental aspect of the project. is my understanding. You can't
approve site plan with your environmental impact undetermined.
MR. JUDGE-So now the Final we're going to have a Final DEIS which would be probably more than 45 days
and then we'll schedule a continuation of this meeting for Site Plan Review. at which time there'll
be a vote. Is that it?
MR. CARTIER-Possibly. yes, right. That's the best case scenario.
MR. JUDGE-So we're looking at, maybe, October?
MS. CORPUS-Well, Wayne. you can't make a vote until the Findings Statement is done, anyway, you can't
take a vote.
MR. YARMOWICH-If there are significant impacts identified in the FEIS, and you have to do a Statement
of Findings. Each of those processes has a specific review period and has a waiting period. but they
can't do the Site Plan until all that's done. They can hold a public hearing at their option.
"..
MR. CARTIER-Okay. Anybody from the Board have anything else? Staff, anything else? Okay.
MR. O'CONNOR-I'd appreciate you having me on the mailing list of whatever meetings you are going to
consider aspects of this that are open for public hearing.
MR. YARMOWICH-Just so you won't feel you'll miss anything. this is not intended to be an open meeting.
MR. O'CONNOR-I'm not talking about where you categorize the comments of the DEIS.
MR. MARTIN-You just want a specific notice to you of any public meetings.
MS. CORPUS-Right. The only problem with that, there may be a problem with doing it for one person
and then having to do it for several others that aren't required in the Ordinance.
MR. MARTIN-I don't see what harm there is in being notified of public meetings, if he asked to be
notified.
MS. CORPUS-All I know is that the same issue has come up with Town Board meetings, with certain
individuals who have been requested to be noticed of Board meetings.
MRS. PULVER-I will call you.
MR. CARTIER-Does anybody else have any questions? I think we can adjourn.
On motion meeting was adjourned.
RESPECTFULLY SUBMITTED.
Peter Cartier, Chairman
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