1992-12-22
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QUBENSBURY PLANNING BOARD MEETING
SECOND REGULAR MEETING
DECEMBER 22ND. 1992
INDEX
Site Plan No. 55-92 Hugh & Karen Sinclair
Site Plan No. 53-92 Dean Howland, Jr.
Site Plan No. 57-92 TPI Staff Leasing
5.
9.
12.
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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QUEENSBURY PLANNING BOARD MEETING
SECOND REGULAR MEETING
DECEMBER 22ND, 1992
7:02 P.M.
MEMBERS PRESENT
EDWARD LAPOINT. CHAIRMAN
CAROL PULVER. SECRETARY
ROGER RUEL
TIMO'l'HY BREWER
CORINNE TARANA
MEMBERS ABSENT
CRAIG MACEWAN
KATHLEEN ROWE
EXECUTIVE DIRECTOR-JAMES MARTIN
PLANNER-SCOTT HARLICKER
STENOGRAPHER-MARIA GAGLIARDI
MR. LAPOINT-And we're going to juggle the items of business,
because no one's here. and first we have a letter from the Aviation
Mall. Lou Gagliano, dated 1 December 1992, "On October 15, 1991.
the Queensbury Planning Board unanimously approved a motion
extending site plan approval for the Aviation Mall expansion to
January 22. 1993. Due to protracted financing procedures and lease
negotiations, Pyramid Company of Glens Falls is requesting a one
year extension of the site plan approval to January 22. 1994. I am
available to answer any questions you or the Planning Board may
have regarding this request. Thank you for your time and
consideration of this matter. Sincerely, Louis C. Gagliano General
Manager"
MR. LAPOINT-Any questions?
Planning issues, on that?
We've got Lou here.
Any issues.
MR. MARTIN-No. The site plan remains unchanged. They've had some
troubles leasing up. and I understand they hope to look for the
spring. Is that the idea?
MR. GAGLIANO-Lou Gagliano from the Aviation Mall. I don't know if
I'd use the word "troubles". Jim. but just protracted negotiations,
especially when you're dealing with banks, and today's economy.
You've got to go through 8,000 different hoops and make sure every
T is crossed and every I is dotted, and we're moving forward. We
have a number of leases signed, actually. and negotiations with
department stores are at various stages. Things are moving
forward. We're committed to it and we plan on making it happen,
we're just not prepared to start in January of '93.
MRS. TARANA-Could you just quickly tell me what the expansion is.
because I wasn't on the Board.
MRS. PULVER-Is Penneys still going to expand?
MR. GAGLIANO-Yes.
MR. MARTIN-Essentially what it is. Corinne, as I recall and this
will show, will turn into like a corridor mall area. much like is
there now. and then a completely new store will be built on that
end, to accommodate a new Penneys store.
MRS. PULVER-The Penneys is going to be some boutiques in there.
It'll be like.
MR. MARTIN-Right.
Exactly.
The existing Penneys store will be
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diced up into.
MR. GAGLIANO-Okay. Essentially. this is the existing shopping
center, okay, and what we're proposing to do is construct a brand
new JC Penneys where the parking area is now, on the west end of JC
Penneys. Where that hill is currently. that hill will be pushed
back about 75 feet, and that will become the new parking area on
this end. We will then take the eXisting penneys store. add the
fourth department store off the rear. towards the back of the site,
and then convert the eXisting Penneys into about 15 mall stores.
So. now when you're coming by CVS and Just A Buck and Liberty
Travel. instead of entering into Penneys, you'll still be in the
mall, and just walk through different shops, the other department
store, and then enter Penneys down near the end.
MRS. TARANA-Okay.
MR. GAGLIANO-It's an increase in square footage of about 106,000
square feet, about a 20 percent increase over the eXisting shopping
center right now. Also approved was a 15,000 square foot expansion
to the Sears store. which is shown right here. The indications are
that Sears is probably not going to exercise that option.
MRS. TARANA-Do you have any concern that they're moving out?
MR. GAGLIANO-I assume you're referring to the report that came out
today. My understanding of that report, they're going to close
about 100 stores across the nation. phase out. When leases are
over, they'll terminate. Sears has three types of stores. what
they call A Stores. B Stores. and C Stores, C's being small. hard
goods only type stores. B. they add a few more pro line, and then
A Stores, like the one we have here, which has everything in it,
essentially. They're going to close mostly C Stores and a couple
of B Stores. So the A Stores won't even be effected, I saw the
report on 13 tonight. and it was a little misleading.
MRS. TARANA-It was. because it certainly made it sound like the
Glens Falls store was a good possibility of closing.
MR. GAGLIANO-Yes. They presume because we're in a smaller market
that we're suspect. but actually that's not true. We're probably.
I think if you look at the bottom line and had access to the books.
that you would find that this store is extremely profitable for
Sears.
MRS. TARANA-What about the fact, though. that there's one, also, in
Wilton? Is that a factor?
MR. GAGLIANO-I can't speak to that. When Sears opens. when any
store of that size opens, this close, they segment their market.
So, they tend to, if they have a traditional loyal Sears or penneys
shopper, for that matter. in this example, they don't have to drive
to Glens Falls or Clifton Country, if they live in Saratoga, so
they tend to just spread the dollars out somewhat.
MR. MARTIN-I think what we're seeing, as a practical matter, and I
don't know the numbers, but it appears that the Wilton or Saratoga
market is considered as a different market area. I know WalMart,
for example. is bUilding a separate store down in the Wilton area.
as well as the one up here.
MRS. TARANA-Yes.
MR. GAGLIANO-It is definitely a separate market. It's a much
smaller market, both from a dollar standpoint. and also population
base wise.
MR. MARTIN-I think the thing that will continually be in
Queensbury's favor is that we're the last thing before the blue
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line, and that's why you see the development pressure here, and I
think you draw everything from the north. the market area I think
goes extremely farther north than it might.
MR. GAGLIANO-We serve all the way to Ticonderoga. People who live
north of Ti go to Plattsburgh. and we also draw heavily from the
Rutland. Vermont area.
MRS. TARANA-Thank you.
MR. LAPOINT-Okay. Is anyone ready to make a motion?
MOTION TO GRANT AN EXTENSION OF SITE PLAN NO. 1-91 PYRAMID COMPANY
OF GLENS FALLS. Introduced by Carol Pulver who moved for its
adoption, seconded by Roger Ruel:
For the Aviation Mall, for one year from January 22nd, 1993.
Duly adopted this 22nd day of December, 1992, by following vote:
AYES: Mrs. Tarana, Mr. Ruel. Mr. Brewer, Mrs. Pulver. Mr. LaPoint
NOES: NONE
ABSENT: Mrs. Rowe, Mr. MacEwan
MR. GAGLIANO-Thank you very much.
MR. LAPOINT-Okay. We have Mr. Tippett here. Why don't we move on
to that one.
MRS. PULVER-So, where are we? Okay.
agenda, I have, like. three agendas
correct agenda?
I would like to know what
here. What agenda is the
MR. MARTIN-Revised 12/10 at the upper left hand corner.
MRS. PULVER-The one that says 12/7, 12/10?
MR. MARTIN-Yes.
MRS. PULVER-Okay. This is the correct one. All right.
MALVERN TIPPETT
MR. TIPPETT-Do you want me to come up?
MR. LAPOINT-Yes. We'll get started. Come on right up.
MR. TIPPETT-Dean Howland is supposed to be here.
MR. LAPOINT-Okay. Would you like to wait for him?
MR. TIPPETT-I'll answer every question that I can.
MR. LAPOINT-Okay. I'll tell you what.
subdivision regulations.
Lets move to the
MR. MARTIN-You have this general resolution. You can move on that.
MR. LAPOINT-Right. Okay. Last week we held a public hearing on the
amendments to the subdivision regulations that would require the
applicant to submit only 10 copies. instead of 14. We missed. or
we did not run an amendment to adopt those.
MR. MARTIN-Yes. We didn't have this.
provide us with a quick resolution.
Paul was good enough to
MR. LAPOINT-We're going to entertain a formal resolution to have
applicants submit 10 copies instead of 14 copies during the site
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plan process, and we have an attached amendment. Would we be
reading this whole thing in, Jim?
MR. MARTIN-No. It's not necessary. You can just move it.
MR. LAPOINT-Okay. It would be just reference to the title?
MR. MARTIN-Right.
MR. LAPOINT-Okay. Do we have anybody willing to make a motion to
adopt them?
RESOLUTION TO AMEND THE PLANNING BOARD SUBDIVISION REGULATIONS AS
WRITTEN. Introduced by Carol Pulver who moved for its adoption,
seconded by Timothy Brewer:
Duly adopted this 22nd day of December, 1992, by the following
vote:
AYES: Mr. Ruel, Mr. Brewer, Mrs. Pulver, Mrs. Tarana, Mr. LaPoint
NOES: NONE
ABSENT: Mrs. Rowe, Mr. Ruel
MR. LAPOINT-Okay. You'll pass that along to the attorney?
MR. MARTIN-Yes. It'll go to the Town Board next.
MR. LAPOINT-Right. Okay. Why don't we give Dean a few minutes to
show up.
MRS. TARANA-Can't we just go down the agenda, then, until we get to
him?
MR. LAPOINT-There's nobody else here. So, we're at that point now.
MRS. TARANA-Yes. but don't we have to do something with the rest of
these?
MR. LAPOINT-Just one other one tonight. right?
MRS. PULVER-Well, you've got Hugh & Karen Sinclair.
MRS. TARANA-Sinclair, and Hermance.
MR. BREWER-Hermance is off.
MR. HARLICKER-Hermance is off.
MR. BREWER-Because of the Zoning Board last night.
MR. HARLICKER-The variance was tabled.
MR. LAPOINT-Okay. So all we have is the Sinclair.
MRS. TARANA-What do you do when no one's here?
MRS. PULVER-Well. unless you really have any questions. I mean. you
could pass it without. I mean, we've passed things before when
they're not here. It depends on. is everybody.
MR. TIPPETT-Isn't there something about TPI, also.
MR. MARTIN-Yes. Those are the last two items.
MR. TIPPETT-Because I'm affiliated with TPI also. Apparently. Dean
told me there were some questions with regard to parking in the
front of the building?
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MR. LAPOINT-Okay.
I mean, do you want to try the Sinclair thing?
MRS. PULVER-Yes.
Lets go through the Sinclair one.
MR. LAPOINT-Okay.
NEW BUSINESS:
SITE PLAN NO. 55-92 TYPE: UNLISTED LI-1A HUGH & KAREN SINCLAIR
OWNER: SAME AS ABOVE LOCATION: CORNER OF CORINTH RD. & MERRITT
RD. CONSTRUCTION OF A 13' 8 II X 22' 6 II LEAN TO SHED TO EXISTING
GARAGE. ALL USES IN LIGHT INDUSTRIAL ZONES REQUIRE SITE PLAN
REVIEW. CROSS REFERENCE: UV' 126-1992 AV' 118-1992 (WARREN
COUNTY PLANNING) TAX MAP NO. 146-2-10 LOT SIZE: +.52 ACRES
SECTION: 179-26 D(l)
HEIDI MEYERS. REPRESENTING APPLICANT, PRESENT
STAFF INPUT
Notes from Staff, Site Plan No. 55-92, Hugh & Karen Sinclair,
Meeting Date: December 22. 1992 "Pro;ect DescriPtion: Applicant
is seeking approval for a lean-to which is attached to a garage.
The property is located at the southwest corner of Corinth Road and
Merri tt and is zoned LI-1A. It is in for site plan approval
because the Zoning Code requires that all uses in the LI zone
receive site plan approval. The lean-to is considered to be an
expansion of a nonconforming structure and is located within the
required 50 foot front yard setback. On December 16, 1992 the
applicant received variances to allow the expansion and its
placement within the front yard setback." This same project was
before you a couple of months ago. Service Master. "Pro;ect
Analvsis: The project was compared to the following standards
found in Section 179-38 E of the Zoning Code: 1. The location,
arrangement, size. design and general site compatibility of
buildings. lighting and signs; The lean-to should not be
incompatible with the site. It has the appearance of a carport and
a natural extension of the existing garage. 2. The adequacy and
arrangement of vehicular traffic access and circulation, including
intersections, road widths. pavement surfaces, dividers and traffic
controls; The lean-to should not affect vehicular access to the
si te. It will be accessible from the existing parking area. 3.
The location, arrangement, appearance and sufficiency of off-street
parking and loading; The lean-to should not affect parking. 4.
The adequacy and arrangement of pedestrian traffic access and
circulation, walkway structures, control of intersections with
vehicular traffic and overall pedestrian convenience. The lean-to
should not affect pedestrian access. 5. The adequacy of
stormwater drainage facilities; The lean-to should not affect
drainage. 6. The adequacy of water supply and sewage disposal
facilities; The lean-to should not affect water supply or sewage
disposal." The septic tank is located partially underneath this
lean-to. but the leachfield is located out behind it. to the
southwest. So, it's not really affecting the septic system at all.
" 7. The adequacy, type and arrangement of trees. shrubs. and
other suitable plantings, landscaping and screening constituting a
visual and/or noise buffer between the applicant's and adjoining
lands. including the maximum retention of existing vegetation and
maintenance including replacement of dead plants; The lean-to
should not affect or require landscaping. 8. The adequacy of fire
lanes and other emergency zones and the provision of fire hydrants;
The lean-to should not affect emergency access or require a
hydrant. 9. The adequacy and impact of structures, roadways and
landscaping in areas with susceptibility to ponding, flooding
and/or erosion. The lean-to should not be susceptible to flooding
or ponding. RECOMMENDATION: The Planning Staff recommends
approval of this application."
MR. LAPOINT-Okay, and we have Warren County's approval. It's
comments are. "Concur with local conditions." Do we have to open
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a public hearing on this?
MR. HARLICKER-Yes, and the Short Form SEQRA.
MR. LAPOINT-Okay. Before I open a pUblic hearing. do we have any
questions for the applicant that we can deal with without him being
here?
MR. BREWER-The only thing I would ask him, if he was here. what was
he going to store in there? He does cleaning. He's got chemicals
and stuff.
MR. HARLICKER-It's an outside storage.
MRS. PULVER-Yes.
vehicles there.
I think he's just going to drive one of his
MR. HARLICKER-Yes. The times I've driven by there, he's had one of
his vans parked in there.
MRS. PULVER-Yes. I think that's what he's going to do. I've been
kind of watching it. It's got a dirt floor. So it's not suitable
for really any kind of storage.
MR. RUEL-You mentioned a moment ago about the septic system being
adjacent to it, according to the sketch, it's right next to it.
MR. HARLICKER-No. The tank is partially underneath it, but the
leachfield is out back, and the Building Department, we'd asked
them about it. The question came up during variance.
MR. RUEL-The lean-to is not over the tank, is it?
MR. HARLICKER-No.
MR. LAPOINT-Okay. Any other questions before I open a public
hearing? Okay. There being none. I'd like to open up the public
hearing with respect to Site Plan No. 55-92, Hugh & Karen Sinclair.
for the construction of a lean-to shed. Any public comment?
PUBLIC HEARING OPENED
NO COMMENT
PUBLIC HEARING CLOSED
MR. LAPOINT-Do we have enough information to go through the SEQRA?
Okay.
RESOLUTION WHEN DETERMINATION OF NO SIGNIFICANCE IS MADE
RESOLUTION NO. 55-92, Introduced by Edward LaPoint who moved for it
adoption, seconded by Carol Pulver:
WHEREAS, there is presently before the Planning Board an
application for: HUGH & KAREN SINCLAIR. to construct a 13'8" by
22'6" lean to shed to existing garage. All uses in Light
Industrial Zones require Site Plan Review. and
WHEREAS, this Planning Board has determined that the proposed
project and Planning Board action is sUbject to review under the
State Environmental Quality Review Act,
NOW. THEREFORE, BE IT
RESOLVED:
1. No federal agency appears to be involved.
2. The following agencies are involved:
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NONE
3. The proposed action considered by this Board is unlisted in
the Department of Environmental Conservation Regulations
implementing the State Environmental Quality Review Act and
the regulations of the Town of Queensbury.
4. An Environmental Assessment Form has been completed by the
applicant.
5. Having considered and thoroughly analyzed the relevant areas
of environmental concern and having considered the criteria
for determining whether a project has a significant
environmental impact as the same is set forth in Section
617.11 of the Official Compilation of Codes, Rules and
Regulations for the State of New York. this Board finds that
the action about to be undertaken by this Board will have no
significant environmental effect and the Chairman of the
Planning Board is hereby authorized to execute and sign and
file as may be necessary a statement of non-significance or a
negative declaration that may be required by law.
Duly adopted this 22nd day of December, 1992. by the following
vote:
AYES: Mrs. Tarana. Mr. Ruel. Mr. Brewer, Mrs. Pulver, Mr. LaPoint
NOES: NONE
ABSENT: Mrs. Rowe. Mr. MacEwan
MR. HARLICKER-The applicant is here. if you'd like to ask her some
questions.
MS. MEYERS-I apologize.
MR. LAPOINT-Okay. We just have some brief questions for you.
regarding storage and septic tank, possibly.
MR. BREWER-Were you just going to store a vehicle in here?
MS. MEYERS-No. Basically it's for storage of equipment.
that are bothered by the elements, such as scaffolding,
things like that.
Things
ladders,
MR. BREWER-I was just concerned about chemicals.
MS. MEYERS-No. All chemicals get stored inside. because most of
them cannot be exposed to freezing.
MR. BREWER-The cold, or whatever. Okay.
MR. RUEL-The four by four posts are indicated two feet in the
ground. Shouldn't that be below the frost level?
MR. LAPOINT-Well, if there's no heat in the building. the bUilding
is not going to be frost susceptible. Right?
MS. MEYERS-Right.
MR. LAPOINT-So, there'd be no heave.
MR. RUEL-Doesn't have to be?
MR. LAPOINT-No. The reason why you use frost walls is because you
have a freeze thaw cycle, in a heated dwelling. and if the thing
isn't heated, it's not going to heave.
MR. BREWER-Yes. but doesn't the Town make you put, like for a deck,
four feet. posts four feet?
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MRS. PULVER-I think only two feet. on a deck.
MS. MEYERS-I think it's two.
MR. MARTIN-I think the other thing for the Board to bear in mind is
the safeguard on something like this is her plans will be subject
to review by the Building Department.
MR. RUEL-Yes. it was just for my edification. That's all.
MR. MARTIN-Yes. Usually a structure that's attached to the house.
like an attached garage or something, the footings have to go four
feet. If it's detached. and as they said, it's not heated, then
simply a footing, or a two foot post is fine.
MR. RUEL-Well, then, you don't even need two feet.
just on top of the ground.
It could be
MR. MARTIN-That's what I mean. A garage that's not attached to a
house could simply. the footing could be at grade level.
MRS. PULVER-Except that the Town of Queensbury Code is two feet.
MR. LAPOINT-There are entire neighborhoods in Queensbury on slabs,
and not effected at all by frost.
MR. MARTIN-Yes. all of Cottage Hill is on a slab.
MR. BREWER-The only other thing I would ask is, we had you before
us back. I don't know when it was. a couple of months ago, your
boss said he was going to put a fence up before winter.
MS. MEYERS-Before winter?
MR. BREWER-That's what he said. I realize it's too late now.
MS. MEYERS-Part of the problem is that Mr. Sinclair was called back
to Idaho, which is why I'm here. His family's from Idaho, and he
had to return home for something personal. and I'm not sure when
he'll return. That's probably why that got put off. He left in
the middle of October, but I'm very aware of that. I realize that
that was part of the original variance.
MR. BREWER-Okay. Did we set a date on that or anything?
MS. MEYERS-I think the original application stated that we had one
year to comply.
MR. BREWER-Okay.
MRS. PULVER-We can always check that in the minutes.
MR. LAPOINT-So, how would we want to leave that fence. Tim?
MR. BREWER-If he was going to close off the fence. or put the split
rail fence up. I don't think he had to go all the way over to
here, but just in front of that driveway, because we were worried
about traffic coming around the house.
MR. LAPOINT-Right. Okay. So, if we were to go with an approval
that within one year he.
MRS. PULVER-No. that was on the last approval.
MR. BREWER-I'm pretty sure it was on the last approval.
MS. MEYERS-It was. I have it right here in front of me.
MRS. PULVER-You have the minutes?
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MS. MEYERS-Yes. Motion to approve site plan so and so. with the
following stipulations: the curb cut on Corinth Road be close to
the split rail fence, and relocate handicap parking accessible to
the entrance in the rear. That this parking area will be graveled,
condi tions being met within one year from this date. The date
being September 17th.
MR. LAPOINT-So. we don't need to re-cover that, then?
MRS. PULVER-No.
MR. BREWER-No.
MS. MEYERS-It'll be taken care of in the spring.
MR. LAPOINT-Okay. Would anybody like to make a motion on this?
MOTION TO APPROVE SITE PLAN NO. 55-92 HUGH & KAREN SINCLAIR,
Introduced by Carol Pulver who moved for its adoption, seconded by
Timothy Brewer:
For construction of a 13 ft. 8 in. by 22 ft. 6 in. lean-to shed.
All planning issues have been addressed.
Duly adopted this 22nd day of December, 1992, by the following
vote:
AYES: Mr. Brewer, Mrs. Pulver, Mrs. Tarana. Mr. Ruel, Mr. LaPoint
NOES: NONE
ABSENT: Mrs. Rowe, Mr. MacEwan
MR. LAPOINT-Okay. Refresh my memory, one more time, what TPI was,
and are they on for tonight, still. too?
MR. HARLICKER-Right.
MR. MARTIN-Yes.
MR. LAPOINT-So we're down to our last two items. Okay.
Si te Plan 53-92, we did the SEQRA. the first week in
We're going to have another public hearing tonight.
As far as
December.
SITE PLAN NO. 53-92 TYPE I SEQRA COMPLETED ON 12-8-92 WR-1A
DEAN HOWLAND. JR. OWNER: MALVERN & CAROLYN TIPPETT LOCATION:
BEAN RD. OFF PILOT KNOB RD. REMOVAL OF REAR PORTION OF EXISTING
RESIDENCE AND REPLACEMENT WITH EXPANDED ADDITION. CONSTRUCTION OF
A FIRST FLOOR UNENCLOSED PORCH WITH A SECOND FLOOR DORMER. CROSS
REFERENCE: AV I 125-1992 (WARREN COUNTY PLANNING) TAX MAP NO.
152-1-12.1 LOT SIZE: .34 ACRES SECTION: 179-79F
DEAN HOWLAND. PRESENT
STAFF INPUT
Notes from Staff, Site Plan No. 53-92. Dean Howland, Jr. For
Malvern & Carolyn Tippett, Meeting Date: December 22, 1992
"Proiect Description: The proposal involves the removal of a rear
portion of an existing house and replace it with an extended
addition. The project involves the construction of a porch and a
second floor dormer. The addition requires an area variance for
construction within the side yard setback and site plan approval.
The property is located on Bean Road off of Pilot Knob Road, is .34
acres in size and zoned WR-1A. On December 8, 1992 the SEQRA
review was completed. Project Analysis: The project was compared
to the following standards found in Section 179-38 E. of the Zoning
Code: 1. The location. arranqement. size. desiqn and general site
compatibility of buildinqs. liqhtinq and siqns: The addition will
be built in the same style as the existing structure and will
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extend off of the rear of the building. It appears to be
compatible in both style and size with the existing structure. 2.
The adequacy and arranqement of vehicular traffic access and
circulation. includinq intersections. road widths. pavement
surfaces. dividers and traffic controls: The project should not
affect vehicular access. 3. The location. arrangement. appearance
and sufficiency of off-street parking and loadinq: The project
should not affect parking. 4. The adequacy and arranqement of
pedestrian traffic access and circulation. walkway structures.
control of intersections with vehicular traffic and overall
pedestrian convenience: The project should not impact pedestrian
traffic. 5. The adequacy of stormwater drainaqe facilities: The
addition is proposed to be built on an existing concrete slab so
the amount of impervious area should not be increased. There
should not be any negative impact on stormwater drainage. 6. The
adequacy of water supplY and sewaqe disposal facilities: The
project should not impact water supply or sewage disposal. 7. The
adequacy. type and arranqement of trees. shrubs and other suitable
plantings. landscapinq and screening constitutinq a visual and/or
noise buffer between the applicant's and ad;oininq lands. includinq
the maximum retention of existinq vegetation and maintenance
includinq replacement of dead plants: The project should not
impact existing vegetation or require additional language. 8. The
adequacy of fire lanes and other emerqency zones and the provision
of fire hydrants: The project should not impact emergency access
or fire hydrants. 9. The adequacy and impact of structures.
roadways and landscaping in areas with susceptibility to pondinq.
floodinq and/or erosion: The project should not impact ponding or
flooding on the site. RECOMMENDATION: The Planning Staff
recommends approval of this project."
MR. LAPOINT-Okay. We have a letter from the Warren County Planning
Board dated 18 November 1992, that disapproves the project. and the
comments are, "Density and encroachment on the neighbor's
property." That would require, for approval tonight, a majority
plus one, which in this case would be three to one?
MRS. PULVER-No, five.
four, plus one.
It's the majority of the Board. which is
MR. LAPOINT-So, we are at another case where we can do nothing.
What's Tim's conflict?
MRS. PULVER-How bad is it? Yes. Now, what happened up at Warren
County on the 18th? Lets discuss that.
MR. HOWLAND-We were at the Zoning Board meeting.
there, and I went up afterwards.
Nobody was up
MRS. PULVER-All right, and did they just disapprove it before,
like, they come out, lots of times, and say, okay. this is
approved, this is approved, this is approved, this is disapproved.
this is disapproved, and then anything they have a comment on.
they'll bring it up and discuss. Were you one of those that didn't
get discussed?
MR. HOWLAND-There was nobody there to discuss it with them. and
they didn't really know what we were doing, is what the Secretary
said. So they just denied it.
MRS. PULVER-Yes. because I know from seeing it and from doing the
SEQRA. you are running along the property line, but you are not
encroaching any more. You're still using the same footprint. So,
you're not going any farther.
MR. HOWLAND-We also. at the Zoning Board we just showed them that
the reason we're going out back, too. is that they own two other
lots, the Tippetts do, and I mean. that's the way that there
property is situated. See. they own all this property here, even
though they're separate lots.
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MRS. PULVER-Well. I'm just going to say. from their comment, what
the Warren County is saying, this is the property line, and you're
building along there, and so therefore it's encroaching on the
lands of C. H. Morrison, but in actuality, you're still staying
within your same footprint. and just tearing down and putting up.
MR. HOWLAND-Right.
MRS. PULVER-Okay.
MR. LAPOINT-Before we go too much further, Tim, what our problem
is. is we're going to need a majority plus one. in this case it
would be five. to overrule the County's disapproval, and their
disapproval was based up, and I'll let you read it for yourself.
density encroachment on the neighbor's property, and we were just
curious. as a Board, as to what your conflict was.
MR. BREWER-Well. basically it's because Mal's company is a leasing
company. and our company's leased through his company, and I just
didn't want there to be any appearance of a conflict. I don't have
a problem with his personally. but on his TPI Staff Leasing, I'd
just as soon not have anything to do with it. I was up at the
site.
MR. LAPOINT-Okay.
MRS. PULVER-Yes. This is more of a personal thing.
MR. BREWER-It's personal, but through business we're affiliated.
I don't have a problem with the plan. I mean, we were up and
looked at it.
MR. MARTIN-I think it'll help a great deal, this being exposed.
This is on the record.
MRS. PULVER-And also there's a public hearing tonight, of which you
have just announced it to the public. although.
MR. BREWER-I don't have a problem voting on his personal issues.
but as far as the company, I'd rather not.
MR. LAPOINT-Okay. Well. this would not be a company issue.
MR. BREWER-Right.
MR. LAPOINT-I mean, because we all do business in Queensbury, to
one degree or another. So. I guess the real question is, would you
be uncomfortable voting. you wouldn't be encroaching any ethical
standard or anything like that. and I don't think any of us have a
problem with that.
MRS. PULVER-No. My feeling is the public is notified, and it's up
to them to take issue. Right now is their opportunity.
MR. LAPOINT-Right. I'll open up the public hearing for comments.
PUBLIC HEARING OPENED
NO COMMENT
PUBLIC HEARING CLOSED
MR. LAPOINT-The SEQRA on this was done. So that we do not need to
do. Okay, any other questions for the applicant, while we're right
here? None. Okay. Would anybody care to make a motion?
MOTION TO APPROVE SITE PLAN NO. 53-92 DEAN HOWLAND, JR.,
Introduced by Carol Pulver who moved for its adoption, seconded by
Roger Ruel:
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Applicant for Malvern and Carolyn Tippett. to remove the rear
portion of the existing residence and replace it with an addition.
Duly adopted this 22nd day of December, 1992. by the following
vote:
AYES: Mrs. Tarana. Mr. Ruel. Mr. Brewer. Mrs. Pulver, Mr. LaPoint
NOES: NONE
ABSENT: Mrs. Rowe, Mr. MacEwan
MR. LAPOINT-With the next Site Plan, the County says "No County
Impact". so that he is completely free of?
MR. MARTIN-A simply majority with do it on that.
MR. LAPOINT-Okay.
SITE PLAN NO. 57-92 TYPE: UNLISTED HC-1A TPI STAFF LEASING
OWNER: JOHN & DEBBIE SKINNER MALVERN & CAROLYN TIPPETT LOCATION:
275 BAY ROAD FOR AN ADDITION OF 970' TO EXISTING OFFICE BUILDING
WITH 10 PARKING SPACES. 896' OF FUTURE SPACE ON 2ND FLOOR. ALL
USES IN HIGHWAY COMMERCIAL ZONE REQUIRE SITE PLAN REVIEW. CROSS
REFERENCE: AV I 136-1992 (WARREN COUNTY PLANNING) (BEAUTIFICATION
COMMITTEE) TAX MAP NO. 107-1-48 LOT SIZE: 43.560 SQ. FT.
SECTION: 179-23 D(l)
DEAN HOWLAND, REPRESENTING APPLICANT, PRESENT. MALVERN TIPPETT.
PRESENT
STAFF INPUT
Notes from Staff, Site Plan No. 57-92. TPI Staff Leasing. Meeting
Date: December 22, 1992 "Pro;ect DescriPtion: The applicant is
proposing to construct a 970 sq. ft. addition to an existing office
building. The construction of a 10 space gravel parking area,
located to the rear of the expansion, is also part of the project.
The property is located at 275 Bay Road, is one acre in size and is
zoned HC-1A. The expansion requires a variance to construct within
the side yard setback. On December 17, 1992 the applicant received
the needed variance. Pro;ect Analysis: The project was compared
to the following standards found in Section 179-38 E. of the Zoning
Code: 1. The location. arranqement. size. desiqn and general site
compatibili ty of buildinqs. liqhtinq and siqns: The proposed
addition to the back of the building is to be constructed in the
same style as the existing structure. New vinyl siding and roof
will be put on the existing building and is to match the addition.
The porch on the building is to remain. The existing sign will
remain and no new one is proposed. The addition should be
compatible with the existing building and site. 2. The adequacy
and arranqement of vehicular traffic access and circulation.
includinq intersections. road widths. pavement surfaces. dividers
and traffic controls~ The existing ingress and egress is
sufficient to service the site. Its width allows room for cars to
both enter and exit the site at the same time. There is a 20 foot
wide drive that services the existing parking area. Access to the
new parking area will be through the existing lot. The entry into
the new lot is to be 16 feet wide. 3. The location. arranqement.
appearance and sufficiency of off-street parkinq and loading: The
546 sq. ft. of addition will bring the total square footage of the
building to 2.562 sq. ft. This will require a total of 18 parking
spaces. The applicant is proposing a total of 21 parking spaces.
There is an existing gravel lot that accommodates 11 spaces and a
proposed parking area that accommodated 10 spaces. However. one of
the spaces in the existing parking area is extremely close to the
entrance off of Bay Road. The possibility of eliminating that
space should be looked at. There are also two spaces in the front
yard that should also be eliminated. Parking in those spaces
requires backing out on to Bay Road when exiting. The two spaces
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in the front yard were not included in the calculation of the total
number of parking spaces so their elimination does not affect the
parking calculation: however. the space adjacent to the entrance
was included and its elimination would reduce the total number of
spaces to 20. 4. The adequacy and arranqement of pedestrian
traffic access and circulation. walkway structures. control of
intersections with vehicular traffic and overall pedestrian
convenience: There are two entrances proposed. One will service
the rear parking area and a side entrance will service the existing
parking area. Both entrances will have pedestrian walkways that
lead to the parking areas. Pedestrian access on the site should be
adequate. 5. The adequacy of stormwater drainaçre facilities:
Drainage from the building will be collected and directed to a dry
well. The gravel parking areas should allow for most of the
stormwater to drain into the ground. The parking areas should be
graded to direct surface water flow away from adjacent properties.
6. The adequacy of water supply and sewaqe disposal facilities:
The addition should not impact the water supply or sewage disposal
facili ties. 7. The adequacy. type and arranqement of trees.
shrubs and other sui table plantinqs. landscapinq and screeninq
constitutinq a visual and/or noise buffer between the applicant's
and ad;oininq lands. includinq the maximum retention of existinq
veqetation and maintenance includinq replacement of dead plants:
The existing chicken wire fence and vines which are located along
the north and south sides of the existing parking are to be
removed. The Beautification Committee has approved the project.
There have been no formal landscaping plans submitted, however. the
applicant states that the site will be professionally landscaped
and the plantings will start as soon as the front is out. The
possibility of planting a landscaping buffer to replace the
existing fencing and vines and along the adjacent property to the
north should be looked at. 8. The adequacy of fire lanes and
other' emerqency zones and the provision of fire hydrants: The
project should not impact emergency access or require additional
hydrants. 9. The adequacy and impact of structures. roadways and
landscapinq in areas with susceptibility to pondinq. floodinq
and/or erosion: The parking areas should be graded to ensure that
surface drainage on the site does not flow onto the adjacent
properties. There should not be any impact on areas that are
susceptible to flooding, ponding or erosion. RECOMMENDATION:
Providing the three parking spaces are eliminated, existing fences
and vines are removed and replaced with a landscaped buffer and the
parking areas are graded to prevent runoff onto adjacent properties
the Planning Staff can recommend approval of this project."
MR. LAPOINT-Okay. We have a letter from the Warren County Planning
Board. dated 9 December 1992, that says "No County Impact". We
have a letter dated 8 December 1992. from the Beautification
Commi ttee. I think our Staff summarized adequately. We have a
letter dated 17 December 1992 from the ZBA. for the setback
variance. and that's it for written input. Before we open a public
hearing. I could lead with some questions. unless anybody's would
prefer to.
MRS. TARANA-I want to just ask, before you even get into that, are
you just a local firm? You don't have anything to do with the
leasing company in Albany?
MR. TIPPETT-No. We're a competitor.
MRS. TARANA-Okay. I just wanted to be sure. because I was afraid
that I might possibly have a conflict. but as long as you're not.
Okay.
MR. LAPOINT-Okay. I'm ready to lead with some questions, unless
anybody else has any. Would the applicant be willing to make the
parking lot changes, as specified by the Staff?
MR. TIPPETT-Yes, sir.
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MR. LAPOINT-Which would be elimination of the, or moving the
handicap parking to the east. probably eliminating one of the nine
foot parking spots. That's probably what you'd do. I would assume.
MR. HARLICKER-Yes.
entrance.
You've got that one that's right next to the
MR. TIPPETT-The first two parking spaces.
MR. LAPOINT-Right. Eliminate the two in front. So, what we'd do
is eliminate one of the nine footers, and move the handicap down
into the site, so there'd be 18 feet within the site for easy back
out distance, right? Would 18 feet be acceptable?
MR. HARLICKER-From the entrance? Yes.
MR. LAPOINT-I mean, right now the first handicap is nine feet out.
If we eliminated the last parking spot on that row, that first
handicap parking spot would be 18 feet in.
MR. HOWLAND-We can make that green anyway, because we have enough
parking. as it stands right now.
MR. LAPOINT-Right. I just want to make sure we all get on the same
page, when it comes to the motion. That's the first parking
change. The second one would be to eliminate and landscape the two
in front.
MR. TIPPETT-Right.
MR. LAPOINT-And the applicant's willing to do that, and we'll put
that right in our motion. Okay, and as far as stormwater
management goes, you'd have no problem with us insisting that the
gravel be graded in such a fashion that it does not run off your
property, and if it does, you would have to fix it, when we sent
our Building Inspector around. Okay. Is there a drywell on site.
or would that be something you'd install?
MR. HOWLAND-No. There isn't at this time, but I was just talking
with Scott yesterday. and said that if they were going to pave
these in the future, that we would put drywells under the parking
lots just to get the stormwater from the parking lot, either a
drywell around the building itself, or we'll back fill with crushed
stone. something like we do, stormwater management system up at
Lake George. all the time. So. that's for the run off from the
roof. that will take care of.
MR. LAPOINT-Okay. I think I've got the three parking space s
addressed. Does that sound about right, Scott?
MR. HARLICKER-Yes.
MR. LAPOINT-Okay. Now the fence with the vines on it are going to
come down?
MR. TIPPETT-The one between our two properties, yes. The one
between the neighbor's property and our property. I'm not sure
who's property that's on right now. If it's on our property, we'll
take it off, but we hesitated to do anything because we weren't
quite sure if it was on our property or not.
MR. HOWLAND-It's been there since they bought the property.
MR. LAPOINT-Okay. I think we can probably leave that open, right?
I mean, if neither of the neighbors have a problem with it. I
mean. it's a nice green hedge in the summer time, isn't it?
MR. HARLICKER-It just looks. when I was out there, it looks pretty
ratty.
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MRS. PULVER-Yes. but I'm thinking it's probably a divider between
the two properties, and they.
MR. HARLICKER-That's why I'm saying, if they could remove that and
put a nice, some sort of a hedge in there. I think it would really
be an improvement to the whole property.
MR. LAPOINT-Well, it might be green. I'm trying to picture this in
the summer.
MR. TIPPETT-Yes. I don't know what type of vegetation it is. but
it gets very green, and it stands almost as tall as I am. so you
really don't see that.
MR. HARLICKER-So you don't see that, like, metal around the bottom,
that big tin or whatever it is.
MR. TIPPETT-No.
MR. LAPOINT-Okay. So. I'd tend to want to leave that up to the two
property people to work that out. Was there anything specific in
the Beautification Committee? What did they say, specifically?
MR. HARLICKER-No. There wasn't any reference.
MR. TIPPETT-If it belongs to us. we will take it out.
MR. LAPOINT-No. I'm not saying to take it out.
MR. TIPPETT-Well, I don't know whose it belongs to.
MR. LAPOINT-Okay. So, my tendency would be to leave that one alone
and just try to make our motion conditional on the parking lot
changes and the grading. Any questions?
MR. RUEL-The one question I have is, do you gentlemen have any
elevation type drawings. sketches, or anything, or the proposed?
MR. HARLICKER-I've got one here that they submitted to the.
MR. HOWLAND-I had another one. too, and I left it back in the
office.
MR. RUEL-From what I've heard, you seem to be compatible with the
existing building, in every respect.
MR. HOWLAND-Well, we're trying to make the existing building a
little better looking. I'm still working on that.
MR. HARLICKER-This would be the side that's facing the existing
parking lot.
MR. RUEL-I see.
MR. HOWLAND-We're trying to fit it in so that you won't know it's
an addition of the existing building.
MR. RUEL-The same style.
MR. HOWLAND-It will all be the same style. This, hopefully, will
be better looking than it is now.
MR. RUEL-Okay. Thank you.
MR. LAPOINT-Okay. All right. I want to open a public hearing on
Site Plan No. 57-92, TPI Staff Leasing, for the addition of office.
PUBLIC HEARING OPENED
MR. HARLICKER-Yes. I've got a letter that was sent to the office
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today, regarding this project. from Gail Swinton. "I am writing to
let you know I am concerned about the addition to the Site Plan No.
57-92. I am concerned about the increased traffic to the area
around my home. A building six feet from my property line will
decrease the value of the home. due to the increase of more and
larger business. I feel it will also effect the homes in the
neighborhood. Sincerely, Gail Swinton"
MR. LAPOINT-Okay. On the drawing, you're within nine feet eight
inches?
MR. HARLICKER-Yes. I think, what they did is they might have read
the notice that was sent out for the Zoning Board, and thought it
was from their property line. So. I think what the problem was, it
was six feet.
MR. LAPOINT-Okay. Any other public comment?
MR. HARLICKER-That was it.
MRS. PULVER-My question on that, where are they. in relationship to
this? Are they on either side of it?
MR. HARLICKER-I think they're right next door. I think they're the
next door neighbor, just by the reference that the building is to
be six feet from my property line.
MRS. PULVER-So. they're in a Highway Commercial area, too. then?
MR. HARLICKER-They are in the Light Industrial. I think the
property just to the south of them is Light Industrial, I think.
MRS. PULVER-You mean one lot is Light Industrial and the next lot
is Highway Commercial?
MR. HARLICKER-I think it is.
MR. TIPPETT-As you face the building. there's a home to the left,
and then there's our building and there's a parking lot, and
there's another building.
MR. HOWLAND-It must be to the south, then.
MR. HARLICKER-Yes. They're the property right next to the existing
parking lot.
MR. HOWLAND-Okay, because that's not the main building.
MR. HARLICKER-Yes. He was in. That's why I brought up the
drainage issue, because he was in asking about that.
MRS. TARANA-Your business. you don't have people coming very often.
clients.
MR. TIPPETT-No. not at all.
MRS. TARANA-I mean, you do most of it over the phone, and you're
advertising by brochure.
MR. TIPPETT-We deliver the payroll to our
requirement would be staff parking spaces,
requires, besides the building, but as far as
it's almost nonexistent, because we deliver.
clients. The only
and what the Town
people coming to us,
MRS. TARANA-Yes. I don't think that her concern about increased
traffic. because of the addition to the building.
MRS. PULVER-I wonder if she's thinking leasing, like car leasing.
MRS. TARANA-Well, either that, or she may think that people are
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going in and out of there all the time. and that's not what's going
to happen.
MR. TIPPETT-Yes. My staff comes in in the morning and leaves at
night. but there isn't shuttling of people back and forth. because
we deliver all of our products, which it sounds like you're
somewhat familiar with this service. So, you have their location,
you call or fax your hours in, and we deliver the payroll to you.
MRS. TARANA-Yes. You may, if you respond to that letter. maybe
just let her know that.
MR. TIPPETT-It's not a retail type of an operation where people are
coming to us. It's a service in which we physically deliver the
product to the customers.
MRS. PULVER-And about how many staff people are you?
MR. TIPPETT-Presently we have 15. including the partners.
PUBLIC HEARING CLOSED
MR. LAPOINT-Okay. Do we have any other Board comments before we
move on to the SEQRA? Okay.
RESOLUTION WHEN DETERMINATION OF NO SIGNIFICANCE IS HADE
RESOLUTION NO. 57-92, Introduced by Edward LaPoint who moved for
its adoption. seconded by Carol Pulver:
WHEREAS. there is presently before
application for: TPI STAFF LEASING.
existing office building, and
the Planning Board an
for the addition to the
WHEREAS, this Planning Board has determined that the proposed
project considered by this Board is subject to review under the
State Environmental Quality Review Act,
NOW. THEREFORE. BE IT
RESOLVED:
1. No federal agency appears to be involved.
2. The following agencies are involved:
NONE
3. The proposed action considered by this Board is unlisted in
the Department of Environmental Conservation Regulations
implementing the State Environmental Quality Review Act and
the regulations of the Town of Queensbury.
4. An Environmental Assessment Form has been completed by the
applicant.
5. Having considered and thoroughly analyzed the relevant areas
of environmental concern and having considered the criteria
for determining whether a project has a significant
environmental impact as the same is set forth in Section
617.11 of the Official Compilation of Codes. Rules and
Regulations for the State of New York, this Board finds that
the action about to be undertaken by this Board will have no
significant environmental effect and the Chairman of the
Planning Board is hereby authorized to execute and sign and
file as may be necessàry a statement of non-significance or a
negative declaration that may be required by law.
Duly adopted this 22nd day of December. 1992. by the following
vote:
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AYES: Mrs. Pulver. Mrs. Tarana. Mr. Ruel. Mr. LaPoint
NOES: NONE
ABSENT: Mrs. Rowe, Mr. MacEwan, Mr. Brewer
MR. LAPOINT-Does anybody want to make a motion?
MOTION TO APPROVE SITE PLAN NO. 57-92 TPI STAFF LEASING.
Introduced by Carol Pulver who moved for its adoption, seconded by
Roger Ruel:
At 275 Bay Road. for an addition of 970 feet to existing office
building, with the following stipulations: That three parking
spaces recommended by the Staff be eliminated, and that the parking
areas are graded to prevent runoff onto adjacent properties, and
all other issues have been addressed.
Duly adopted this 22nd day of December, 1992, by the following
vote:
AYES: Mrs. Tarana, Mr. Ruel, Mrs. Pulver, Mr. LaPoint
NOES: NONE
ABSENT: Mrs. Rowe. Mr. MacEwan, Mr. Brewer
MR. LAPOINT-I'd like a nominating committee for a ballot for our
next meeting, come up with our officers for the Planning Board. It
would be the Chairman, the Vice Chairman, and the Secretary. and
I'm going to nominate Carol to come up with that ballot, and we'll
have something we can vote on the first meeting of January, and
when we take our vote. if it's a majority. one way or the other,
for the nominee, then we propose that to the Town Board. who has to
either accept or reject. So the whole process is, nominating
committee. the nominating ballot, voting on the ballot, submitting
the results to the Town Board, getting their approval or
disapproval of that. So we've got plenty of opportunity to express
our opinions. give Carol a call one way or the other. She's our
nominating committee and will have a ballot for us. We can take
either a secret vote or an out in the open vote. However you want
to do it.
MR. BREWER-Fine. So she's just going to come, like we did last
year. just come with the ballot and we'll vote and that will be it?
M~. LAPOINT-Right.
On motion meeting was adjourned.
RESPECTFULLY SUBMITTED.
Edward LaPoint, Acting Chairman
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