1995-04-25
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QUEENSBURY PLANNING BOARD MEETING
SECOND REGULAR MEETING
APRIL 25, 1995
INDEX
Subdivision No. 5-1992
F I NtìL S T ¡;CiE
Sherman Pines, Phase II
1. "
Subdivision No. 6-1995
Fe I NAL, ~3 T ACiE
t1arllyn Smitr'l
Subdivision No. 7-1995
PF\EL, I M I NAR\' <:" T f'~CiE
Rich Schermerhorn
9
Site Plan No. 16-95
Edn,a, l,lh it,,,,
20.
S i t.o P.1. an t'-!o 1. 7 -. 9r:.
~:,ite Plan I'...¡o " 18..·95
~~, ,i, te Plan t'-Io 19 ('),:;1
[)a".jid l"'I'litc~
2:3.
Jeff Schwartz
2'7 ~
[3.L.L.,; Inc.
·....'1
...) ,. ~
DJ SCU<-?,'S I 01",1 I TEI'1
l,li 11 iam TI'''lrew
38
THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TO BOARD
Mm STAFF REVISIONS" REVISIONS l-JIL.L., APPEAR ON THE FOUJJt.JH,IG
MONTHS MINUTES (IF ANY) AND WILL STATE SUCH APPROVAL OF SAID
i'1JNtJTES.
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QUEENSBURY PLANNING BOARD
SECOND REGULAR MEETING
APRIL 25, 1995
7:00 P.M.
MEETING
MEMBERS PRESENT
ROBERT PALING, CHAIRMAN
CATHERINE LABOMBARD, SECRETARY
GEORGE STARK
JAMES OBERMAYER
TI¡VIOTHY BREI,.JER
ROGER RUEI.._
MEMBERS ABSENT
cr~A IG MACEWAt\
PLANNER-SCOTT HARLICKER
PLANNING BOARD ATTORNEY-MARK SCHACHNER
TOWN ENGINEER-RIST-FROST, BILL MACNAMARA
STENOGRAPHER-MARIA GAGLIARDI
9LD __ BUS I NESS:
SUBDIVISION NO. 5-1992 FINAL
OWNER: JOSEPH AMMIRATTI TYPE:
FOR FINAL SUBDIVISION APPROVAL
SUBDIVISION. PHASE II CONSISTS
STAGE SHERMAN
UNLISTED ZONE:
FOR PHASE II OF
OF 28 LOTS.
PINES, PHASE II
SR-20 PROPOSAL
A THREE PHASED
JACK HUNTINGTON, REPRESENTING APPLICANT, PRESENT
MR. PALING-Bill, do you want to take the floor?
MR. MACNAMARA-Good evening. These are carryover comments or
carryover issues, if you will, from the last week, and Jack and
I have already talked today and I've faxed this letter over to
Jim this afternoon. I'm not sure if you guys got it yet or not.
It's in your fax machine if you need it. Outstanding issues that
are remaining, essentially, if you remember last week, a new
grading plan was submitted, and it did quite a bit of detail, as
far as finished floors, lot grading, and relationship to the
street grades, and the grades over the septic. The revised plan
that was submitted, essentially, still has, I think, two or
three, I don't know if you got a chance to look at those today,
grading conflicts that I'm sure that he can quickly, with his
correcting pen, connect the grades, if you will, and they don't
seem to be paramount to the drainage concepts, and he's going to
address those in a minute. The next note had to do, more
importantly, with groundwater information that was a big topic
]J:J.st, l-<Jeek.. Something that be has indicated tl'''¡-at we had asked for
previously, and he indicated again today he'd get it to us is
some older information that has to do with previously submitted
groundwater tests and seasonal high groundwater readings. He has
indicated that that's available, and I'm not sure what the status
of that is yet, Jack, or if that's something you're still going
to get over to us?
MR. HUNTINGTON-Yes. My name's Jack Huntington with Morse
Engineering, and that status, I did not do the original work on
this project, and we've got a file about that long with this
project, and it's in that file somewhere, and I haven't been able
to sit down long enough to search it out.
MR. MACNAMARA-Okay.
missing last week.
Martin asked that
That was one of the two pieces that
The other piece was, if you remember,
additional soil tests be dug, and on
was
Jim
the
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drawings that I'm pretty sure you have now, the new soil test
pits that were dug last week, the results are shown, and they
were also submItted to us, also, and in a nutshell, they had
hired a soil scientist to go out and read the test pits, and the
soil scientist has indicated up to between 10 feet and 14 feet,
nding on which test pit you look at, for depths, there was
actually no indication, according to this reading, that any
groundwater or evidence of a high water table was present. That
being the case, and coupled with the information that was
present for the septic design, which is a perc rate at less
than one minute per inch, in fact, I think you're showing some
amended soils for some of those systems. That low water, or no
water, as the case is in those test pits, and the fast perc rate
certainly shows that the previous ign concepts appear to
adequate. One small note, and I don't know if you've read this
or not today when I faxed it over to you, there was a lot of
discussion, last week, on if, in fact, the drainage system were
to go bad, if you will, where's it going to go, and it was shown,
quite effectively, that t water will go out behind a number of
the lots and find relief and get into the ground out behind those
lots and I just wanted to make it cJ,ear that that's not designed
to be a pond back there. You still need to have positive grades,
during normal storm events, if you don't want water. obviously,
hanging out back there, and that's something to be noted.
MR. HUNTINGTON-Those gr are elevation 434, going out in back
of the lots, and I believe the curve at that point is about f1ve
tenths below 434. 50, the water will flow back out to the road.
MR. MACNAMARA-The only reason I really even noted that is because
you're showing two foot contours, if I remember. 50 there could
be a 433 back there, swimming in between that 434. That's kind
of why I noted it. Okay, and lastly, there was an lssue about
cellar dra1nage, as far as.
MR. PALING-Excuse me. Could we come back to that point again?
You were talking Lots 67 and 68, is that right, on that one? And
you're saying that they're, if I read you right, you're saying it
could pond in the back yard, but then flow back to the street?
MR. HUNTINGTON-The contours come out at 434, this way. This
curve is lower than 434. So water will run, if it floods, it'll
run out here and go into the ground. It won't pond because it'll
run back 1nto the road again, eventually, and into the drainage
:3y~:;tern ..
MR PALING-Okay. What 1S the road level?
middle of the road, what 1S that?
What 1S that, the
MR.. HUNTINGTON-433.2, or .3.
MR. PALING-All right
50 you're lower than any point here.
MR. HUNTINGTON-Right.
MR. PALING-50 what goes in is going to come back out.
MR. HUNTINGTON-Come back out. If it rains, the watel- comes JOWl"'
in here, it'll also run out through here.
MR. 08ERMA"'(ER- I s
way. what's this
that? Okay. Yes. there will be sheeting this
elevation right here, 446?
MR. HUNTINGTON-446.
MR. 08ERMAYER-Okay. 50, actually, everything 1S going to be
running in this direction
MR. HUNTINGTON-Right.
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MR. PALING-And it will flow into and through the yards and out.
MR. HUNTINGTON-Only through here. These are all higher. That's
the only place (lost words) is right here.
MR. PALING-So there will be nothing flowing through these yards.
MR. HUNTINGTON-No.
MR. PALING-It's all going to come, it's sort of funneled, if you
will, through here and out.
MR. HUNTINGTON-Right here, and the floor elevations here are high
enough so that this is 436 at the foundation.
i"1R. PALING-At the base of the foundation?
MR. HUNTINGTON-Where the wall meets the ground. The ground is at
436.
MR. PALING-Oka)l.
MR. HUNTINGTON-So that's two feet higher than this.
MR. STARK-What's the per rate on that?
MR. HUNTINGTON-Less than 15 seconds.
MR. OBERMAYER-Oka)l. So these houses are all 436. So actually
)lou'll still be running this way, though.
MR. STARK-It's never going to get there, let me tell you.
MR. PALING-And all of these houses have basements?
MR. HUNTINGTON-Yes.
MR. PALING-Everyone. Okay. Will they all have sump pumps?
MR. STARK-They have to, yes. They have to all have sumps.
MR. HUNTINGTON-All basements shall be equipped with sump pumps.
MR. OBERMAYER-Yes. What will those pump into?
MR. HUNTINGTON-An outside pump.
MR. PALING-Back outside, at the end of the yard.
MR. STARK-The end of the sand, but you know something, they'll
never go on, because there isn't any groundwater.
MR. MACNAMARA-I just heard you guys speak of the last issue, that
we had noted, Jack just talked about, that is the other issue
t.hat, was outstanding last week l-Jas the sump pump requirement
t.hat mayor may not be well known, but it's in the zoning
requirements, regarding, if there's a cellar floor elevation
lower than the road profile, then the)l need to provide means to
drain basements, if there's water problems, and they're showing
that detail on that pr i nt, Jack just poi nt! out to )lOU.
i"1R. PALING-Yes.
MR. MACNAMARA-That's Q..U..L. comments.
MR. PALING-All right. Bill, I want to make sure we picked up
everything you said. What is it that the applicant owes us now?
MR. MACNAMARA-Essentially to complete our own file. They had
submitted information, because Jim asked for the additional test
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pits, that reflected some groundwater readings, some groundwater
elevations, test pits, if you will, that appeared to have more
description on them than the ones that were on the plans, and
they may not, but it sounded that way, because they referred to
t,hE)rn ,£'¡ nswer i 119 OI..Jr ear I ier concer ns ¿¡,bout season,:;¡,l hi9h
9'( ('U nC!VJd ter .
MR. PALING-Okay. Which one of these points was the one that you
haven't dug out of the file yet?
MR. MACNAMARA-That's the point. It's basically some data that
was submitted with the septic, the SPDES permit application to
the DEC, if I'm remembering ri9ht.
MR. HUNTINGTON-Those are relative to wells in the area that show
statlc water level.
MR. MACNAMARA-Which is certainly fairly to the point of
groundwater levels, since there's a well showin9 groundwater
level. That's why we had asked for it, but what I'm saying now
is that, additionally, because Jim came forward and said I don't
want the two year old data or three year old data. I want new
data and new test pits were dug. So we can glean information
from that, which, I heard you speaking about the perc rate, and I
think you said something about 15 second perc rate. That's a
very fast perc rate for this type of drainage system.
MR. PALING-Scott, can we accept the resolution as written, now?
MR. HARLICKER-The only thing I'd like to see included, especially
with subdivision plats, are references to the revision dates on
the maps. It's important for us to have those, because we go
back, and when they bring them in and we have to stamp these
maps, we need something to refer to. So, it's important that we
get reVISIon dates.
MR. PALING-And you want them on, which map?
MR. HARLICKER-Whatever the
these maps. I think he just
revision dates on them.
most recent reVISIon dates are on
submitted some last week, wlth new
MR. PALING-The plat drawings?
MR. HARLICKER-Right. They've got revision dates on them.
~1R. PAL,H1G-Oka)i.
MR. HARLICKER-Just make sure that you note in the resolution the
latest revision date.
MR. PALING-All right. 0 y.
MR. OBERMAYER-The only other
that we're going to be starting
that something we're going to
what's going on with that?
question, we had mentioned before
to request as built drawings. I
move forward in the future, or
MR. HARLICKER-I believe that's as these subdivisions are
completed out, Jim int.ended to, now that we've got our Compliance
Officer on Staff, as builts are goin9 to go out, done on all
subdivisions once they're completed, to make sure that we've got
a record of exactly what's out there. It's a long term process
It's not something that's just going to happen overnight.
MR. OBERMAYER-Okay. Fine.
MR. BREWER-It's not to do with us anyway, is it? It's something
that Jim's going to do with the building permit.
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MR. OBERMAYER-Jim's going to start requesting it. Right.
MR. BREWER-Mark, do these previous motions get carried over onto
the new subdivision?
MR. (:,C:
::N[f~-'What p)·evious motions?
MR. BREWER-When this all first was started, I'll just give them
to you, when we did this, it was re-zoned for affordable housing,
and those were some of the conditions that were put in the
resolution when we approved it, when it first came in, and I just
was curious to know if they're going to carryover. I think Mr.
Schermerhorn indicated he's going to follow through with those
pIa ns .
MR. HUNTINGTON-I believe you'll find those are in the covenants
and restrictions.
MR. BREWER-They are in the covenants? Okay.
MR. SCHACHNER-Yes. I would assume, unless somebody feels
otherwise, that these were part of your original approval
requirements, and as far as I know, you're not changing, waiving,
or modifying that. This has just been a phased procedure, and
the previous language would still be applicable.
MR. PALING-So what should we do about that in our motion, just
not, do you want us to acknowledge that, or?
MR. SCHACHNER-You can.
TIM ALDEN
MR. ALDEN-Tim Alden, attorney for Forest Wood Homes. We have
filed covenants and 1·est1-ictions for the entire subdil,/; iun,
which have that language in them.
MR. Hi>: !HF~ Okay. I'm just making SU1-e that it's done. That's;
all.
MR. PALING-So that satisfies that.
MR. BREWER-How do you, fee l? Shou ld ~"'e touch on it?
MR. SCHACHNER-If you would prefer, if you would be more
comfortable acknowledging or reiterating that the previous
conditions carried forward in this approval, I think that's fine.
I think it's appropriate. Based on Mr. Alden's representation,
it sounds like it's already covered anyway, because they've
already filed documents that reflect these things.
MR. BREWER-Either way.
MR. RUEL-This resolution is limited to Phase II?
MR. PALING-Yes, this is Phase II only, and are we okay with this
1-esolution?
MR. HARLICKER-Yes. You just might have to update, that was done,
I think, prior to the recent submittal of these new plans. So
you might have to look on the plans that you have there and
update the revision dates on them.
MR. PALING-Yes. We have two items we'll note of difference, the
revision dates and the previous motions that have been passed.
Otherwise, we'll go with what's there. Okay. Are there any
other comments from anyone on this? Are we okay? The public
hearing on this was not scheduled. We usually have been allowing
comments from the public, if anyone would like to speak. Okay.
I guess not. Then we can proceed to a motion.
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MOT;ON TO APPROVE SUBDIVISION NO. 5-1992 FINAL STAGE SHERMAN
PINES, PHASE II, Introduced by Roger Ruel who moved for its
adoption, seconded by James Obermayer:
As written, with the stipulation that the date of reVISIons to
b,,', irlclu,c!ed on trl{Ö' fina,l IJlat, April ¿;1, 1995, on the plat ar,".~
to be included, and all previous covenants and conditions are
also to be included in the resolution.
Whereas, the Town Planning Department 1S in receipt of
final subdivision application, file # 5-1992, for
Phase II of a three phased subdivision. Phase II
consists of 28 lots; and
Whereas, the above referenced final subdivision application
dated 2/21/95 consists of the followifig:
1.
Sheet M-1, Site
4/5/9!5
Sheet M-2, Site
4/5/91:.
Sheet M-3, Site
4/5/915,
Sheet S-1, Site
(")/23/94, pr i nted
Sheet S-2, Site
9/23//94
Plan , revised 2/16/95 ,3,
Plan, rèvised 2/16/95 8,
Plan , revised 2/16/95 ;3,
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Plan & utilities,
& submitted 4/11/95,
Plan & utilities,
r e\/ i ~,:ed
4/21/95
r("vised
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6 Sheet S-3, Site Plan & utilities, revised
9/23/94 & 4/5/95 & 4/20/95
7. Sheet G-1, Grading & Drainage plan, revised
9/23/94, printed & submitted 4/11/95, 4/21/95
8. Sheet G-2, Grading & Drainage plan, revIsed
9/23/94, printed & submitted 4/5/95, 4/21/95
9 Sheet G-3, Grading & Drainage plan, revi
9/23/94, printed & submitted 4/5/95, 4/21/95
10. Sheet D-l, Details, revised 9/23/94
11. Sheet D-2, Details, revised 7/29/93
12. Sheet P-l, Roadway profiles, 9/23/94; and
Whereas, the above file is supported with the following
documentatlc,n:
1. Staff notes, dated 3/28/95
2. Engineering comments, dated 3/14/95, 4/13/95,
4/25/95; ane!
Whereas, the proposed subdivision has been submitted to the
appropriate town departments and outside agencies
for their review and comment; and
ltJher ea,:3 ,
the modifications and terms contained in
preliminary subdivision approval have
compli<?<d with.
the
bec'n
Therefore, Let It Be Resolved, as follows:
The
her eby ,
Pha~3e
Town Planning Board, after considering the above,
moves to approve final subdivision plat, Sherman Pines,
II, file # 5-1992.
Let it be further resolved,
1. That prior to the signing of the plat by the Chairman
of the Planning Board, all approprIate fees shall
paid and that within 60 days of the date of this
resolution the applicant shall have the signed plat
filed in the Office of the Clerk of Warren County.
2k The appll.cant agrees to the COflditions set forth ifl
this re~::;()lution.
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3.
4..
The conditions shall be noted on the map.
The issuance of permits is conditioned on compliance
and continued compliance with the Zoning Ordinance and
subdivision regulations.
Duly
vote:
adopted this 25th day of April, 1995, by the following
AYES: Mr. Stark, Mr. Obermayer, Mrs. LaBombard, Mr. Brewer,
Mr. Ruel, Mr. Paling
I'~OES: NONE
ABSENT: Mr. MacEwan
SUBDIVISION NO. 6-1995 FINAL STAGE TYPE I MARILYN SMITH KARA
BEAMS - POWER OF ATTORNEY OWNER: LC-10A/RR-5A ZONE: WESTERLY
OF TUTHILL ROAD PROPOSAL IS TO SUBDIVIDE A +/- 99.53 ACRE PARCEL
INTO TWO LOTS OF 53.89 ACRES (LOT 1) AND 48.64 ACRES (LOT 2).
THE PROPERTY IS LOCATED IN THE TOWN OF LAKE LUZERNE AND THE TOWN
OF QUEENSBURY WITH 28.63 ACRES OF LOT 1 AND 29.4 ACRES OF LOT 2
IN QUEENSBURY. APA TAX MAP NO. 123-1-40.1 LOT SIZE: +/- 99.53
ACRES SECTION: SUBDIVISION REGULATIONS
MELANIE FUERST, REPRESENTING APPLICANT, PRESENT
MR. PALING-Okay. Scott?
MR. HARLICKER-It's my understanding that the only outstanding
issue was this waiver letter, which has been submitted.
MR. PALING-That was the only hang up from last time that I can
r emembeì" .
MR. RUEL-This waiver can be granted because it's a two lot
subdivision? Is that the idea?
MR. BREWER-Because it is a subdivision, we can grant the waivers.
MR. RUEL-I thought it had something to do with whether it's two
lots or more.
1'-1R . BREWER-No.
subdi.\/ision.
We can grant a waiver if it's a 20 lot
MR. RUEL-Do we have to pass on this waiver?
MR. PALING-Well, it was part of the routine that was missing last
time, is the only problem with it. It's part of it now, so we
should be all set to go ahead. Do you have any other comments
that you'd like to make?
MS. FUERST-Melanie Fuerst with Northeast Land Survey.
other outstanding comments that I can forward.
There's no
MR. PALING-Okay. Now the public hearing on this is
Is there anyone that wishes to comment about it?
close the public hearing.
still open.
o ka y . We ' 11
PUBLIC HEARING OPEN
NO COMMENT
PUBLIC HEARING CLOSED
MR. PALING-Okay. If there's any other questions by anyone? Do
yoU want to take it?
MR. OBERMAYER-I'd like to make a motion to approve subdivision
no. 6-1995, Marilyn Smith, Final Stage, as noted.
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~OTION TO APPROVE SUBDIVISION NO. ,6-1995 FINAL STAGE MARILYN
$MITH, Int.ì-oc:luced by James Oberma)leì- ¡"",,ho mo\/ed for i t.s adoption;,
seconded by Roger Ruel:
As noted, and to accept
Northeast Land Surveying,
the waiver from Melanie
dat.ed 4/25/95..
Fuerst, frorTl
["Jher eas ,
the Town Planning Department is in receipt
final subdivision applicat.ion, file ~ 6-19g5,
MARILYN SMITH, for a two lot subdivision; and
of
for
Whereas, t.he above referenced final subdivision applicat.ion
dated 3/28/95 consists of thé follo"'JÌ ng:
1 .
Drawing No. 95/31, dated
revision dated 3/30/95
2/17/95 wit.h
Whereas, t.he above file IS support.ed wit.h the following
(jocurnentati on:
i. Staff not.es, dated 4/18/95
Whereas, the proposed subdivision has been submitted to the
appropriat.e t.own departments and outside agencies
for their review and comment; and
Therefore, Let It 8e Resolved, as follows:
The Town Planning Board, after considering the above, hereby
moves to approve final subdivision plat, Marilyn Smit.h, file
11 6-1995"
Let it be further resolved,
i. That. prior to t.he sIgnIng of t.he plat. by the Chairman
of the Planning Board all appropriate fees shall
paid and that wit.hin 60 days of the date of this
resolution the applicant shall have the signed plat
filed in the Office of the Clerk of Warren County.
2. The applicant agrees to the conditions set forth in
t.his resolution.
J~ The cor¡ditions shall be noted on the map~
4. The issuance of permit.s is conditioned on t
compliance and cont.inued compliance with the Zoning
Ordinance and subdivision regulations.
Duly adopted this 25th day of April, 1995, by t.he following vote:
AYES: Mr. Obermayer, Mrs. LaBombard, Mr. Ruel, Mr. St.ark,
i'1r. Paling
NOES,: Nr)NE
ABSTAINED: Mr. Brewer
ABSENT: Mr. MacEwan
MR" SCHACHNER-Bob, Bill has to leave at 7:45, and he's here for
the last it.em on the agenda, as the engineering. I don't know if
you want to take that into account in the agenda control"
MR. PALING-Are you talking about Meadowbrook now?
MR. SCHACHNER-Yes.
MR. MACNAMARA-If you don't choose to step It up, Bob, you can
just use our comment notes.
MR" PALING-Okay.
somebody gIves me a
I think I "'Jill
major objection,
ta, kE,)
I'd
the liberty, unless
like to put t.hat into
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the agenda, because based on a conversation I had this afternoon,
I think it's going to be kind of quick. So, if nobody objects
violently, we're going to move the last item up to be first.
Okay.
NEW BUSINESS:
SUBDIVISION NO. 7-1995 PRELIMINARY STAGE TYPE: UNLISTED RICH
SCHERMERHORN OWNER: RICHARD SCHERMERHORN ZONE: SR-1A
LOCATION: MEADOWBROOK & CRONIN RD. PROPOSAL IS TO SUBDIVIDE A
5.61 PARCEL INTO 5 LOTS. FOUR LOTS FRONTING ON MEADOWBROOK ROAD
WILL BE .46 ACRES AND 1 LOT FRONTING ON CRONIN ROAD WILL BE .74
ACRES. THERE WILL BE A 3.03 ACRE PARCEL ALONG HALFWAY BROOK
RESERVED AS OPEN SPACE. CROSS REFERENCE: PET. 1-94 AV 1-1994
TAX MAP NO. 60-2-7.1, 7.3 LOT SIZE: 5.63 ACRES SECTION:
SUBDIVISION REGULATIONS
LEON STEVES, REPRESENTING APPLICANT, PRESENT
STAFF INPUT
Notes from Staff, Subdivision No. 7-1995, Rich Schermerhorn,
Meeting Date: April 25, 1995 "This property was subject to a
rezoning from 5FR-1A to SR-1A to allow for a clustered
subdivision. The rezoning was subject to 13 conditions relating
to design of the subdivision, size and placement of structures on
the individual lots, setbacks and buffer zones. These conditions
need to be included in covenants and deed restrictions, noted or
shown on the subdivision plat where appropriate. There appears
to be two discrepancies between what was required as part of the
rezoning and what is shown on the preliminary plat. The
driveways shown on the preliminary plat do not match those on the
plat approved as part of the rezoning. The condition of no
disturbance within 100 feet of the wetlands will be very
difficult if not impossible on lots 1 and 2 because of the
proximity of the 100 foot boundary and the proposed house
locations. Other items that should be shown or noted on the plat
include that houses be built on slabs, a note about the no
disturbance within 100 feet of the wetlands, a 20' wide
undisturbed buffer along the north property line of lot 5, a note
indicating permeability of 65% and a note stating that no further
subdivision of the rear open space is permitted. Rist Frost
comments dated 4/18/95 have to be addressed."
MR. PALING-In your second paragraph, Scott, would a wetlands
permit take care of that, or are we still in trouble?
MR. HARLICKER-No, but he submitted tonight an application for the
wetlands permit that'll be on next month's agenda. So that item
1S addressed.
MR. PALING-And if he got that, a wetlands permit, who does he get
it from?
MR. BREWER-From us.
MR. HARLICKER-It's a
considered a regulated
permit.
Town permit because a subdivision is
activity, which triggers the wetlands
MR. PALING-Well, your comment seems to be pretty strong about
disturbing the wetlands.
MR. HARLICKER-Well, that was a condition of the rezoning, that
there be no disturbance within 100 feet of the wetlands.
MR. PALING-Well, aren't we
because you seem to indicate
wetland.
at kind of a stand still,
t.heì"e ~.,¡i 11 be a distl,\ì"bance
th,en,
of the
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MR. HARLICKER-It's possible, and Leon can address that also.
It's just that, if you look on the subdivision plat, that 100
foot wetlands goes right up to the proposed house location on the
most southerly lot on Meadowbrook, and there appears to be maybe
a 10 foot separation distance between the house on Cronin Road
and the 100 foot wetlands.
MR. BREWER-But, aren't we here subdividing land. We're not
showIng the layout, necessarily, the houses don't have to be
where they are. If we subdivide the land, and he comes back for
a, isn't that contradictory, though, if we give him a wetlands
FH,:"(mit, and the TOItHi Board ~3aid that. h,e c,3n't dist.urb them?
MR. HARLICKER-Well, the wetlands permit is for the subdivision of
the property. That's what triggers the wetlands permit.
MR. BREWER-All right.
MR. STEVES-Good evening. For the record, my name is Leon Steves,
from Van Dusen and Steves. We're cognizant of the restrIctIons
that have been imposed upon us by rezoning. Lots 1 and 2 are
tight. We have shown a generic (lost words). Rich will probably
layout a different lot, with different size buildings than I have
proposed. Probably go into an L-shaped one, as shown on Lot 1,
and do the same thing on Lot 2. We will flag for him the 100
foot setback line, which will be his limits of construction faT
both of those lots, probably for three of the lots back there.
There'll be no disturbance at all intended or, I hope there will
be no disturbance at all within 100 feet of the wetlands. We
will (lost word) that line as I have so indicated. We propose to
plan accordIngly.
MR. PALING-If the wetlands are as shown on the print, how can you
get that far away, 100 feet away?
MR. OBERMAYER-Here's the wetlands.
MR. PÞ-\LING--I thou9ht this ~..¡a~3 it?
I'm. OBER~1AYER'-No, thIs j;';: the ItH~tland~:::, and t.hIS is the 100 foot
buff(::.r .
MR. PALING-Okay.
MR. OBERMAYER-Right there. That's your 100 foot buffer.
MR. STEVES-See, here's a different plan, based upon Bill's
request for engineering, and I've shown on it the clearing
limits I'm showing the clearing limits on all the lots, and
also the construction limit, the grading plan, and the
confi9uration for your driveways.
MR. OBERMAYER-What's the setbacks for the homes that you're
showing off the road?
MR. STEVES-Thirty foot.
MR OBERMAYER-Thirty feet?
1'1f? STE\!ES··Ye's.
MR. PALING-Scott, I think I understand it now, but how much are
they going to encroach on the wetlands?
MR. HARLICKER-They can't encroach at all.
MR. P¡:;L lNG-No.
th<~ conditions,
I SBld how much do you think
when you saw the prints?
they would, under
MR. HARLICKER-I'm not sure how big an area they have to clear out
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in order to get the machinery in there to put in the slab and
everything for the foundation of the house.
MR. STEVES-Well, from the
in t.his plan, there is no
and 100 foot there from
it's right. to t.he edge of
plan that he, you have underneath here,
change at. all. The wet.land delineation
should be the same on both plans. So
the building.
MR. PALING-That still is okay, though, if it's still 100 feet.
MR. HARLICKER-Yes. As long as t.hey don't., the plan I had did not.
show any sort of clearing. The plan you've got in front of you
now is not the same plan that I reviewed.
MR. STEVES-He's alerting us to that fact.
MR. OBERMAYER-This open space, what's gOIng t.o happen wit.h that?
MR. STEVES-Nothing. We would hopefully dedicate it to the Town.
MR. PALING-Okay. I understand now.
on tJLÍ s , now. 8i II , I guess )lOU
engineering st.udy for construction and
this what we're talking now?
Lets get to Bill MacNamara
would be involved in the
flood plain issues. Is
MR. MACNAMARA-That's one of the items we've noted that needs to
be completed. It has to do with the flood plain or the special
flood hazard area permit, according to the Town's subdivision
Reg's.
MR. PALING-Okay, and we don't have that yet, right?
MR. STEVES-No. It's something that. you shouldn't be involved in.
It's not a part of the Planning process, but rather of the
construction process. It's a permit that we request of t.he
zoning inspector at the time of construction. Whenever a lot is
built upon, Rich Schermerhorn would go to the building inspector,
with his plans and his (lost word) to build in that flood plain
area, showing and indicating the conditions that are necessary to
build in that area.
MR. PALING-All right. This comes with a comment today, or the
other day, on the engineering study. Did I misinterpret that?
Is what Leon is saying now correct?
MR. HARLICKER-What I was doing was relaying to you information
that Bill had told me.
MR. PALING-Okay. Then if it's out of our jurisdiction, I don't
want to be involved. That's out of our jurisdiction, I think,
the comment I just made.
MR. STEVES-Well, we put it on the plans, if you'll
is a note on the plan, that no construction can
these lots until that permit is obtained.
not,ice, there
ta ke pla,ce on
MR. PALING-Good. Okay. We're fine.
MR. OBERMAYER-What about the width of the lots? The width of the
lots don't seem to match.
MR. STEVES-We're in the cluster provision, under SR-l Acre. You
can cluster and, therefore, 75 foot. takes care of it, together
with the fact that we're putting in the common driveway (lost
word) .
MR. PALING-Okay. Bill, do you have any other comments?
MR. MACNAMARA-Well, we've got some fairly, not lengthy, IJut
there's a lot of small, technical related issues, things to do
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with sewer connections. I'll just quickly rattle through them
and not get every word in here, but he had just also submitted a
plan, just this eVenlng, as a matter of fact, that may have
addressed a number of these, and as soon as I get time this week,
I'll look to see if this equals this, and hopefully we'll
,:Jone.
MR. PALING-All right. We're in the preliminary stage, anyway.
MR. MACNAMARA-That's true. We asked for existing and proposed
contours to be shown. A lot of these comments go to the
that they're close to a flood plain, floodway, and elevations are
kind of important to determine what's needed, permits, things
like that. He's going to show existing utilities from the
street. We brought up the lot width also, wasn't sure about the
clustering. Also, maybe one of you guys can help me out here.
In the rezoning, they talked about some kind of a 20 foot buffer
for lot 5, and I just brought that up, saying should it show up
on the site plan. Again, some of these you probably took care of
already. Engineering seals. We had a question about the
driveway radiuses at the street not shown, and we essentially
posed a question, asking the applicant, can they configure the
driveway such that cars can turn around in their own lot without
having to back out onto Meadowbrook?
MR. STEVES-Yes, we've done that.
MR. MACNAMARA-Okay. Sewer connection details. I'm sure they're
going to reference Cueensbury's standards. We had a note about
stormwater management plans, and again, because the Subdivision
Reg's require it, it requires that the applicant put some thought
toward quantifying runoff and minimizing runoff, unless there's
some kind of an extraneous type of a factor involved and.
essentially, we had tal d briefly about roof trenches, eaves,
eaves trenches, and they generally, I don't even think they
showed up on the site plan at all. I just think somehow the
ail ought to make it onto the site plan, and I've talked to
Tom Nace, briefly, today, about making some estimate of what the
trench will handle, and if the trenches don't work, where is the
water going to go, and he's familiar with what we're looking for.
He's done it a number of times. Water installation. Town of
Cueensbury, we also wanted to see the existing vegetation limits
and proposed clearing, which helped a lot, as far as determining
where the boundary of the wetland is, and exactly, you know, can
they get the structure in, and that's been done. Notes regarding
erosion and sediment control, particularly for the protection of
the wetland in the back, during construction. There wasn't any
SECRA '(eport. that wa~:':; inc;luded if I OU)- submit.t.al Thi::?re ma}" havc.,
btÔ'en one in ¡OlH gu'/s,; but. t.here v,¡a~3n't onc:,
MR. HARLICKER-The SECRA was done at the time of the rezoning.
MR, MACNAMARA-Okay. We mentioned that the subdivision
requirements indicate a freshwater wetlands permit needs to be
obtained. Another note about grading, just making sure about lot.
gra We're pretty tuned in to lot grades and the requirements
and minimum standards, now. So we always like to bring t.hem uP.
and lastly, there were three notes regarding flood plain or flood
way. and again, t.his particular subdivision is located, the
semantics may not be correct, but it's in the flood plain. It's
in an area t.hat's, by Cueensbury Subdivision, is called a Special
Flo Hazard Area, and there's a permit for that, and that's what
'¿-"OU ~...¡er e ':Jet t. i n,;¡ at. ear lie)', and t.he)- e ' ~;, a 1 i~3t. of five i tc'tn:::;
that need to be included or addressed in the permit, and they'r
aware of it, and those are our comments.
MR. PALING-Okay. All rlght.
MR. HARLICKER-There's also a letter from, or comments from Mike
Shaw the applicant should be aware of. This is from Mike Shaw,
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Department of Wastewater, and he says "I have just reviewed the
above mentioned plans and have the following comments: 1.
Sanitary Sewer Service is available but each building will need
its own service lateral. The sanitary main will have to be
tapped by only an approved contractor. A list of the contractors
is available at the Wastewater Office. 2. It is noted that
there are not any details of the Building's Sewer. 3. The 4"
risers on the backwater valve and house trap are not acceptable.
These fixtures should be brought to an elevation just under the
building's slab with an access door or panel for maintenance.
The 3" vent may be vented out the roof. 4. Pipe material is not
noted. The outside clean-out must be within 3' of the building's
wall." Tom Nace, the applicant's engineer, was copied on this.
1'1R. PALING-You do have a. copy of this?
MR. S TE'v'E~"'+lo . Tom Nace does.
MR. PALING-Okay.
comments?
Any questions by anybody on the Board, or
MR. RUEL-The Planning staff comments indicate the possible
requirement for slabs for the houses. Am I to assume that this
is not part of the subdivision application, but to be picked up
later?
MR. STEVES-No.
MR. BREWER-That's in the resolution of the rezoning.
MR. STEVES-Yes. That's our intent. I'm not sure if I have
addressed that or not, but that is the intent, to build on slabs.
MR. RUEL-Yes, but is it stated that way?
MR. BREWER-It's stated in the resolution for the rezoning. So it
has to be done. I just think that there's an awful lot of
comments that should be addressed.
MRS. LABOMBARD-Yes, I feel the same way, too.
some things that should be addressed.
I t h ink L: ï (:''\''' (;. , S
MR. PALING-All right. Do you want to do it now, or after the
public hearing?
MR. BREWER-Well, lets let Leon a.ddress them. I mean, are these
going to be all addressed? Are we going to try to go forward
t.onight?
MR. STEVES-Are you talking about Bill's comments?
MR. BREWER-Bill's and Mike Shaw's and Staff's.
I'1R. STEVES-Okay. Staff's I tr'li nk w·e have addressed ear lier.
MR. HARLICKER-Yes. I guess it depends on how far you want
into these conditions that were part of the rezoning.
feel they should be noted on the plat, some of them,
put,ting it in deed restric:;tions, IrJill th,a,t suffice?
to g('3t
Do you
or is
MR. PALING-Well, if we're in a preliminary tonight, could
for this to be done in some form at the next, when the
apPì' ova I?
we a,3 k
final
MR. HARLICKER-That these be included on the final plat? Yes.
MR. PALING-All right.
RICH SCHERMERHORN
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MR. SCHERMERHORN-Excuse me. Rich Schermerhorn, the developer
We did address some of these, the declaration of covenants, which
T bE,' 1 i ""o>\/e you,r T O\.>J n Attor ney , s bee n over \.>J i t h Ul.l::. 1 a\.>Jyer " I;~ 11
this stuff about slabs and the 900 square feet, all that.
MR. PALING-Wait a minute. Are you on the letter to Jim Martin?
Is that what you're reading from?
MR. SCHERMERHORN-No.
MR. PALING-What are you reading from?
MR. SCHERMERHORN-The declaration and covenants that we submitt
to the Town a good two months ago, which I believe the Town
Attorney has reviewed, but now he did make prior revisions to me,
at this la:3t reqUi,3~:;t. A lot of this st.uff has been addressed,
MR. BREWER-What. last. request, Rich?
MR STEVES-The last request of
addressing the rezoning lssues.
rezoning was the declaration
approved by t.he Town Board.
'::,cot t
One of t.he
of covenant~;
He's talking about
condit.ions of the
be submitted and
MR. SCHACHNER-Has that happened?
MR. STEVES-Yes, it. has.
MR. OBERMAYER-It's in this resolution right here.
MR. SCHACHNER-You were approved by t.he Town Board?
MR SCHERMERHORN-I believe it has.
before that meeting, t.hat you oka
l'1al ha,d
\,,¡,i,tl-I him,
made prlor changes
I gues~:;, n()w.
MR. SCHACHNER-Wait. There's no "me". involved in this. ThlS l~
the Town Attorney t.hat is doing this.
MR. SCHERMERHORN-The Town Attorney. I'm sorry.
i"IFZ. SCHIÒ¡CHt,IER--,Jim, what ~-esoluti()n a~'e 'y'()U tal ki n9 i3.b()ut.
MR. OBERMAYER-I'm talking about the resolution amendin9 Zoning
Ordinance to change?
MR. SCHACHNER-Right. That imposes the requirement that ct
declaration of covenants and restrictions be submitted to t
TO\.>J n Boa,r d ·f or appl"' 01.,1."1,1 . 1,..Jhat.I ' rn say i ng is,::s i nce that '::~ a
condition of the rezoning, I just want to make sure that we tell
the applicant that we sholJld see just some evidence that the Town
Board has, in fact, approved the declaration of covenants and
restrictions. Just., at some point, whenever the Board, some time
prior to final approval, I would recommend that the Board require
that the Board require that,
MR. OBERMAYER-Okay.
MR. SCHACHNER-That's the February 27, 1995 Town Board resolution
of the 1-ezon1 n9.
MR. OBERMAYER-Right
That's right. That's what I'm looking at.
MR. PALING-Duly adopted 27th day of February, is that what we're
talkin9 about?
MR. SCHACHNER-Right, and the top of that last page of
resolution, the first Resolved, says, Be It Further Resolved
this rezoning shall be subject to the condition that
applicant prepare and submit t.o the Town Board for approval
record, a declaration of covenants and restrictions.
trial.
th,3t
the
(3 ne:!
The
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applicant is indicating that that is either, at the very least,
that.'s been submit.t.ed. They mayor may not., as I'm hearing it,
we're not posit.ive whet.her it.'s been approved by the Town Board
or not, and I'm just suggesting that since it's an expressed
condit.ion of the rezoning, that.'s an important thing to be
cleared before final approval.
MR. OBERMAYER-Okay. We can make that in our motion, if we want.ed
to.
MR. SCHACHNER-Sure. Absolutely.
MR. PALING-Then do we not. have to mat.ch, though, what's in that
letter to Jim Martin with that also, to make sure that everything
is cO"lered?
MR. STEVES-We have no problem doing that.
MR. PALING-Okay.
MR. STEVES-In fact, at t.he final approval, we would hope that all
of these issues have been resolved.
MR. PALING-We can make t.hat part of the motion. Okay.
MR. SCHACHNER-Bob, what letter to Jim Martin are you talking
aboLIt?
MR. PALING-April 18th, the Rist-Frost from Bill MacNamara, and
then we can just incorporate t.he whole thing into t.he mot.ion.
MR. OBERMAYER-Yes.
MR. PALING-Okay. Any other quest.ions?
MR. STARK-That's what I was going to say, that Leon address, is
everything for final. We can give them preliminary tonight, and
then we could, you know, as long as everything is addressed to
Bill's satisfaction.
MR. PALING-Then it would be in the final meeting and motion.
MR. STEVES-Yes. What
in those steps.
preliminary, can we
submit for the final?
I would like to ask toniRht, is going along
If approval is obt.ai ned t.onight., for
have a delay of submit.t.al for Friday, t.o
MR. HARLICKER-Yes. I don't. have a problem with that.
MR. PALING-We shouldn't. have a :'Hoblem.
MR. STEVES-Does the Board have to grant the approval?
MR. HARLICKER-Yes.
MR. PALING-All right.
with that?
Does anyone on the Board have a problem
MR. BREWER-I don't have a problem with that, but what I was
thinking along the lines is, if he's coming back next mont.h for
final, why do we rush t.o approve the preliminary until everything
is done? We can approve preliminary t.he first. meet.ing of next
month. If all t.he ducks are in a row, we can go to final the
next meeting.
MR. PALING-Well, I guess you could do it either way, but why not
do it. the fin:;t. ~.Jay, ~:;o ~.Je, t.hat t.hey.
MR. BREWER-Just. my own feeling is,
information. We're in a flood plain.
no st.ormwat.er management.
We don't. have that.
- 15 -
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MR. PALING-Are you referring to Jim's letter, the letter to Jim,
nOIAi ?
i'm. DREI,..JER-Yes.
MR. PALING-Well that, as part of the motion, it was intended that
that letter be incorporated and it would be met by the time we
rne,,:,t a'~¡a,i n.
MR. BREWER-So if we do that and have preliminary, all the things
tied up in preliminary done for preliminary, I just see us going
to a lot of subdivisions with a lot of notes that aren't done,
and giving them preliminary approval, before all the things are
done. I mean, that's the purpose of preliminary, is to get the
things out in the air.
MR. STEVES-I don't really see that as a problem. You had
addressed, fa,· instance, st.o)-mwate)~ managementM OU)- hands 81-e
tied into a, r:·art.icul,st( sy::::;tem, IrJhich is going to be eaves trench,
so that, we don't have a problem with that at all.
MR. BREWER-Fine. It's not a delay, leon. I mean, your bottom
line is you're going to get your flnal approval next month.
MR. STEVES-I hear you.
MR. BREWER-We're not delaying him at all.
MRS. LABOMBARD-No. I know where you're coming from.
want to put the cart before the horse.
'(au don't;
MR. PALING-But if Staff objects to anything or felt anything
isn't met in this letter, then they're going to point it out to
us, come the next meeting, and there won't be a final approval.
So I don't see where we're missing anything if we go by the
original suggestion. Scott, do you have a problem with doing it
tllat \..Ja)'?
MR. HARLICKER-I'm kInd of leaning toward Tim. Preliminary
subdivision, you're supposed to get the issued ironed out during
the preliminary review, and final, I don't want to call it a
rubber stamp, but the majority of the issues or almost all of the
issues should be ironed out by the time you go for final
a,pproval.
MR. OBERMAYER-But then you go down. you look at the list, though,
of issues, and a lot of them have been resolved already. I mean,
if Leon wanted to, he could probably resolve quite a few of these
air e¡,'1dy" .
MR. BREWER-The point is, Jim, this letter was dated April 18th.
Today's the 25th. If they could have been done that quick, then
why aren't they done? That's my point.
t"lR. 08ERMAYER--Well, I t.hink a lot of t.h,,?m ¡,He cJone, Tim. I t.hink
Leon was even explaining some. For example, t.he minimum lot
IAi dt. 1"1 ~3 r"lolrJ non t. he, ¡'''Ie ,':'1 n:::::Ir,¡er ed that que::;;t ion"
MR. BREWER-I understand that.
MR. STEVES-Tim, kind of tied my hands, and then at the same time
tell me you want me to bring the answers in to you. Part of your
past. has been that I cannot submit new evidence to you at all
until toni.:ght.
MR BREWER-That's always
n that way, Leon.
MR. STEVES-Exactly.
MR. BREWER-In the past, we've received stuff the day of the
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meetings and a couple of days of the meeting.
MR. STEVES-I understand that, and I was hesitant, tonight, about
bringing any plans in different than what I submitted.
MR. BREWER-I understand that.
MR. STEVES-We have addressed these issues, and we will have
completely addressed them by Friday at noon.
MR. BREWER-Nothing against you.
MR. STEVES-I understand that, Tim.
MR. BREWER-It's been happening so much that we just go ahead and
I don't t.hink.
MR. RUEL-I was just going
t.his evening, whatever we
items anyway. Correct?
to say that, regardless of what
resolve, it naturally will be
we do
open
MR. PALING-That.'s right.
MR. RUEL-And these open items we will look at at the next meeting
for final. Is that correct.?
MR. PALING-At final, we would.
MR. RUEL-All right. Now, what. you're saying is that we're going
to disregard t.he ones that were done?
MR. PALING-No. The letter has got to be complied with fully.
Whether they're done now or done before the next meeting, doesn't
make any difference. You've still got to comply with everything.
MR. RUEL-Does it help at. all t.o resolve whatever has been
accomplished now?
MR. PALING-You mean go over, item by item? No, I don't think so.
No, t.hat would just complicate things.
MR. RUEL-I think this was your point, wasn't it?
to get as many out of the way as possible?
You're tnlÎng
MRS. LABOMBARD-I just feel that, as long as we're not going to
hinder t.he progress of this, and we're going to give the final
approval at the end of next month anyway, then I would like to
see everything in order, and I think Tim's got a point, that,
don't ask me to enumerate any of the past things that we've done,
but I do feel that we've had a tendency to kind of put. t.he cart
before the horse a little bit, in the past few months, not to the
det.Liment of anyt.hing, but I t.hink t.hi3t., as long as it.'s [lot
going t.o delay the final out.come, that I would like to wait until
everything is totally addressed.
MR. OBERMAYER-I don't really see any issue whatsoever with making
the letter from Bill part of the motion at all. I feel it will
be addressed by the final meet.ing. Why are we putting these
extra, they're going to do all these things. They have to do all
these things, no matter what, for the final approval. I don't.
see why, you know, what difference does it make whether we
include the letter now, okay, or have the answers now. It.
doesn't really matter. What's going to happen is that we're
going to come back next month, okay, and we're going to look at
the preliminary again. There might be a couple of more issues,
and then we'll say, well, no, you'll have t.o wait until the
preliminary again, and then again and again. It'll be three
months down the road unt.il finally they can come in with the
final, and that's just ridiculous that we keep on putting these
t.h.lngs out.
- 17 -
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MR. STARK-Well, I would just like to vote on the preliminary
tonight, no matter which way it goes, and everything has to be
answered in time for the final anyway, the first meeting next
rnonti'''I.. Fine.
MR. PALING-Okay.. I guess I've got a couple of questions. What
penalty are you under if we don't go by the way that we
originally suggested, to approve it with the provisions that all
of this be complied with? What does that do to you?
MR. STEVES-Other than him being bigger than I am?
MR. PALING-Okay.
MR. STEVES-I think you should ask Rich.
MR. SCHERMERHORN-Well, I don't
"penalty", but we're just, it's
maybe two years we've been on this
it resolved as quick as possible.
know if I'd use the
been over, I think it's
project. I'd just like to
TI'lat's all..
l'-Jorc!
n
g(:::t
MR. PALING-Okay. I guess, I'm going to ask another questIon.
what is a preliminary approval? It is an approval with
exceptions or recommendations, is it not? Is it not the approval
of plans with modifications or requirements to change?
MR. HARLICKER-Yes. Preliminary approval. You're supposed to
have the issues ironed out, at the end of preliminary.
MR. PALING-All right.
of them ironed out, I
Then the question is, we don't have
guess is it, right?
~;()fne.'
MR. HARLICKER-Yes.
i"1R.. OBERI'-1AYER-The ISSU("~.:; are s:;upposed to be ironed out for
preliminary, or for final?
MR. HARLICKER-During preliminary.
MR. 08ERMAYER-During preliminary, you have the issues come up.
MR. HARLICKER-By the end of preliminary approval, there should.
MR, SCHERMERHORN-So if they're (lost word) now at preliminary,
why have a final?
MR. PALING-All right Lets not dicker, please. All right. Then
I think. we can't take a vote on it now. We've got to have a
put>lic: 1"18,:::Jrin.g, I lie\/c'. So I I;Jould ::::U99·t;}st l·J·e mC)\/8 il'íto a
public hearing, and then we will corne back and make a vote.
1'1R. 5 Ttim( ··F i ne "
MR. PALING-Okay. Is there anyone from the public that would Ii
to speak on this matter?
PUBLIC HEARING OPENED
NO COMMENT
PUBLIC HEARING CLOSED
MR. PALING-I will entertain a motion.. Tim, do you want to make a
motion";:-
MR" BREWER-I don't want to make a motion to deny it~
would like to make a motion to table it.
I t,hink I
MR PALING-Then why don't you make a motion, then.
- 18 -
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MR. BREWER-Okay.
MR. RUEL-Can I just read a statement
question, what the preliminary was?
ensure that the proposed subdivision
during the sketch plan conference.
t.hat anSIrJers
One of the
addresses all
part of your
items was to
issues raised
i'1R. PALH~G-Okay" I think t.hat. was brou9ht out.
MR. RUEL-All right.
MR. BREWER-I would make a motion to table with the consent of the
applicant, until next month and all these things are addressed.
MR. PALING-And in that period of time, they would
staff, submit their final plans, which we would
opportunity to review before.
meet with
h¡,'ive an
MR. BREWER-No. They wouldn't submit. their final plans. They
would submit to us a preliminary plan with everything taken care
of.
MR. RUEL-A second preliminary, ri9ht?
MR. BREWER-Well, or just take this preliminary that he
and make the correct notat.ions or whatever has to
address Mike Shaw's letter, any comments that have been
has here
be done,
made.
i'1R. OBERi'1AYER-"But he is goi ng to address them, Tim.
MR. PALING-Lets not argue. Tim, I think you were 90in9 to make a
motion.
MR. STARK-Mr. Chairman, before we do t.hat, I have a question to
ask the applicant. Is it that imperative, suppose you got on the
first meetin9, for the preliminary, and t.he second meeting for
the final next month. Is that that great of a hardship, or,
because t.hat seems to be the way it's going.
MR. SCHERMERHORN-I'll be agreeable to that.
MR. PALING-Okay. Are you agreeable to it being tabled, and t.hen
we'll go through the process as George explained?
MR. STARK-Well, he's going to have all the information done by
Frlday, and then you'll be on for the first, for the preliminary,
and the second meeting for the final. You can have it done by
Friday can't you, Leon? You said you could. Tim, is that
a9reeable?
MR. BREWER-That.'s fine. Yes, and I
the submission date, not a problem.
with the consent of the applicant.
would grant the extension of
That is my motion to table,
MR. PALING-Okay.
table.
I think we have the applicant's consent to
MR. SCHERMERHORN-Yes. We will table, although the last meeting
for final, Leon just indicated he won't be here. So. hopefully,
by' pì"e.l imi naì"y .
MR. BREWER-Everything should be addressed.
MR. SCHERMERHORN-Which means maybe we could get final then.
MR. PALING-Okay. Tim, would you mind repeating your motion?
MOTION TO TABLE SUBDIVISION NO. 7-1995 PRELIMINARY STAGE
SCHI;;RMERHORN, Introduced by Timothy BrelrJer IrJho moved for
adoption, seconded by Catherine LaBombard:
RICH
its
- 19 -
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To arrange all of the details that need to be done, including the
documentation of the Town Board's resolution.
Duly adopted this 25th day of April, 1995, by the following vote:
AYES: Mrs. LaBombard, Mr. Brewer, Mr. Ruel, Mr. Stark,
Mr. Paling
NOES: Mr. Obermayer
ABSENT: Mr. MacEwan
MR. STEVES-Okay. Now you've given us an extension until Friday
to submit the information for preliminary?
MR. BREWER-Correct, and final.
MR. STEVES-And final at that time.
SITE PLAN NO. 16-95 TYPE: UNLISTED EDNA WHITE OWNER: SAME AS
ABOVE ZONE: SR-1A LOCATION: 58 QUEENSBURY AVENUE PROPOSAL IS
TO CONVERT BEAUTY SALON TO A ONE BEDROOM APARTMENT. MULTI-FAMILY
DWELLINGS AND DUPLEXES ARE SUBJECT TO SITE PLAN REVIEW. CROSS
REFERENCE: AV 13-1995 WARREN CO. PLANNING: 4/12/95 TAX MAP
NO. 110-2-11 LOT SIZE: 1.51 ACRES SECTION: 179-19 D
RON 80MBARD, REPRESENTING APPLICANT, PRESENT
MR. PALING-Okay. Scott?
MR. HARLICKER-This application received variances last
lot Size, because they've got two dwellings on less
required amount of acreage, and the second dwelling
undersized. They received those variances last week.
STAFF INPUT
week for
than the
itself is
Notes from Staff, Site Plan No. 16-95, Edna White, Meeting Date:
4/25/95 "PROJECT ANALYSIS: Staff has reviewed the project for
compliance with Section 179-38A, Section 179-388, Section 179-38C
and to the relevant factors outlined in Section 179-39 and found
that it is in compliance. 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; No new
construction is proposed and the utilization of the rear of this
building as a second dwelling would be compatible with the
existing character of the site. 2. The adequacy and arrangement
of vehicular traffic access and circulation, including
intersections, road widths, pavement surfaces, dividers and
traffic controls; This is not an issue. Existing driveway will
be utilized. 3. The location, arrangement, appearance and
sufficiency of off-street parking and loading; This is not an
lssue. There is adequate space to provide sufficient parking.
4. The adequacy and arrangement of pedestrian traffic access and
circulation, walkway structures, control of intersections with
vehicular traffic and overall pedestrian convenience; This is
not an lssue. The adequacy of stormwater drainage facilities;
This is not an issue. 6. The adequacy of water supply and
sewage disposal facilities; The applicant should show that the
eXisting systems are adequate for the proposed use. 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; No new
landscaping is proposed. 8. The adequacy of fire lanes and
other emergency zones and the provision of fire hydrants;
Emergency access does not appear to be a problem. 9. The
adequacy and impact of structures, roadways, and landscaping in
areas with susceptibility to ponding, flooding and/or erosion.
- 20 -
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',--
./
There does
flood i \'ISI Oì"
aF,proval of
suitable."
not ap¡::::oea,r
Oì"osion.
this ::ó;ite
to be areas susceptible to ponding,
RECOMMENDATION: Staff can recommond
plan providing the septic system is
MR. HARLICKER-The only other outstanding lssue I think that
should be noted is the septic systems. Thero's two systems that
service this structure. It's my understanding that both systems
service both dwellinSl units, and if it was suitable as a septic
system for a beauty pal"lor, it should certainly be all right for
a single family dwelling, which would be less intense of a uso.
It was reviewed at Warren County, and it was returned with No
County Impact, and thoro's also a preparod resolution for your
consid{-;ra,tion.
1'1R. PALINC;-·Oka'l,
wator supply, but
and I might have missed it.
how about sewage disposal?
You
s,aid okay on
MR. HARLICKER-Yes. The'l've got two septlc s'lstems servicing
this, and that should bo more than adequate.
I'm. PAL_H'K~-Okay.
MR. RUEL-Do you think it should be checked?
MR. HARLICKER-I don't think that'd be necessary.
MR. RUEL-Because they're adding a bedroom.
MR. HARLICKER-Woll, but they're Sletting rid of a beauty parlor.
MR. STARK-The one person that's going to be in there is going to
use less water than the beauty parlor.
MR. HARLICKER-Yes, because of the size of that apartment, it's
loss than 600 square feet. So it's pretty tiny.
MR. RUEL-Septic s'lstems are predicated on number of bedrooms.
MR. HARLICKER-Yos.
MR. RUEL-And this is one bedroom for one septic.
MR. HARLICKER-Well, maybe the applicant could better explain how
the systems are utilized.
MR. BOMBARD-The two systems that serve both together.
not. sepa ì- a tecl .
They're
I'm. RUEL .," I see.
MR. BOMBARD-I'm Ron Bombard, the agent for Edna White. There's
t.wo systems that. serve t.he whole complex, both t.he house and t.he
beauty salon, and one takes the back water and the washing
machine, I think the othor one (lost word). They'vo been pumped
UfJO years ago, they're 1 ,000ç¡allon tanks. One runs off to a
drywell and one has about 100 feet of leachfield out to the
9arden.
MR. RUEL-I have a question
before?
Was there some parkinç¡ area there
MR. BOI'18ARD-·Yes"
noted on th6, 42
The front. there's a garage
feet of driveway width.
there, and
it's
MR. RUEL-That's it? There's no additional parking?
MR. BOMBARD-No. There's a t.wo car garage and a space next t.o it.
MR. PALING-Okay. Are there any other questions?
- 21 -
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MR. STARK-I have no comments. I think it's fine.
MR. PALING-Okay. In this case,
hearing. Now, do we need a SEQRA
I;Je're going
on this one?
to :'''Ia\/('O a
public
MR. HARLICKER-Yes. There's a Short Form.
MR. PALING-Okay. Is there anyone here from the public that
wIshes to comment on this application?
PUBLIC HEARING OPENED
NO COMMENT
PUBLIC HEARING CLOSED
MR. PALING-Okay. Do you want to do the SEQRA.
RESOLUTION WHEN DETERMINATION OF NO SIGNIFICANCE IS MADE
RESOLUTION NO. 16-95, Introduced by James Obermayer who moved for
its adoption, seconded by George Stark:
(¡JHEF~E¡<'iS, t.here
application for:
is presently before
EDNA WHITE, and
the
Planning
8(}(3 ìN cf
an
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
RESOL. \/ED :
1. No federal agency appears to be involved.
2~ The following agenc18s are involved:
['·IONE
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
appl icant .
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 1S 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 t.he 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 25th day of April, 1995, by the following vote:
AYES: Mr. Obermayer, Mrs. LaBombard, Mr. Brewer, Mr. Ruel,
Mr. Stark, Mr. Paling
1"',10E':;: NONE
ABSENT: Mr. MacEwan
MR. PALING-We've got to make a motion.
- 22 -
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'-
MOTION TO APPROVE SITE PLAN. NO. 16-95 EDNA WHIT~, Introduced by
James Obermayer who moved for its adoption, seconded by George
Stl.H k:
As noted.
Whereas, the Town Planning Board is in receipt of site plan
application file # 16-95 to convert beauty salon
to a one bedroom apartment.
Whereas, the above mentioned site plan application, dated
2/16/95 consists of the following:
1. Two drawings prepared by Ron Bombard, undated.
Whereas, the above file is supported with the following
documentation:
1. Staff notes, dated 4/25/95
2. Warren County Planning comments dated 4/12/95
3. Zoning Board of Appeals resolution, dated
4/19/'-)5
I~Jhf')'( eaf,: ,
.;3, pub.lic
t hø abol,/e
heari ng IrJas
F'Jì"oj(è'Ct; and
held on
4/'2!:),/95
concernin9
Whereas, the Planning Board has determined that the
proposal complies with the site plan reviøw
standards and requirements of Section 179-38 of
the Code of the Town of Queensbury (Zoning); and
Whereas, the Planning Board has considered the
environmental factors found in Søction 179-39 of
the Code of the Town of Queensbury (Zoning); and
Whereas, the requirements of the State Environmental
Quality Review Act have been considered; and
Therefore, løt It Be Resolvød, as follows:
1. The Town Planning Board, after consIderIng
thø above, hereby move to approve site plan #
16-95, Edna White.
2. The Zoning Administrator is hereby authorized
to sign the above referenced plan.
3. The applicant shall present the above
referenced site plan to the Zoning
Administrator for his signature.
4. The applicant agrees to the conditions set
forth in this resolution.
S. The conditions shall be noted on the map.
6. The issuance of permits is conditioned on
compliance and continued compliance with the
Zoning Ordinance and site plan approval
process.
Duly adopted this 25th day of April, 1995, by the following vote:
AYES: Mrs. laBombard, Mr. Brewer, Mr. Ruel, Mr. Stark,
Mr. Obermayer, MY. Paling
t,IOES: Not\!E
ABSENT: Mr. MacEwan
SITE PLAN NO. 17-95 TYPE: UNLISTED DAVID WHITE OWNER: SAME
AS ABOVE ZONE: HC-1A LOCATION: SE CORNER OF RT. 9 AND RT. 149
- LOG JAM RESTAURANT PROPOSAL IS FOR CONSTRUCTION OF A 8' X
17'6" HANDICAPPED RESTROOM FACILITY. EXPANSION OF ANY FACILITY
AT THE SITE REQUIRES SITE PLAN REVIEW. CROSS REFERENCE: AV 15-
- 23 -
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1995
SIZE:
WARREN CO. PLANNING:
1.25 ACRES SECTION:
4/12/95 TAX MAP NO. 36-1-34.2 LOT
179-23 D
TONY GRECCO, REPRESENTING APPLICANT, PRESENT
MR. BREWER-Can I make one comment before we start?
t"iR. PALING~Ye"3.
MR. BREWER-I think this is one issue that really doesn't need to
be befo)-e tllis Board, tllst Jim Martin can handle quite easily.
It's a bathroom he's putting in.
MRS, LABOMBARD-That's a good point.
MR. RUEL-It's quite an exercise just for one little room.
MR. STARK-He had to get a variance. He had to come before us.
MR. BREWER-I guess what I'm leading to, George, is that, when we
discussed the minor stuff, not having to come for a full review.
MR. OBERMAYER-You think this
bathroom?
falls into that category, a
MR. BREWER-I kind of think it does.
MR. PALING-Well, it's only three inches beyond an existing, like,
a bulkhead or whatever it is there, then it should get by pretty
easy. It's been advertised, so we'll proceed.
STAFF INPUT
Notes from Staff, Site Plan No. 17-95, David White, Meeting Date:
April 25, 1995 "PROJECT ANALYSIS: Staff has reviewed the
project for compliance with Section 179-38A, Section 179-38B,
Section 179-38C and to the relevant factors outlined in Section
179-39 and found that it is in compliance. 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; Not
an issue. The new construction will be compatible with the
existing structure. 2. The adequacy and arrangement of
vehicular traffic access and circulation, including
intersections, road widths, pavement surfaces, dividers and
traffic controls; There is currently 13 feet between the
building and the property line and 18 feet access between the
fences. The addition will only extend 3 inches further into the
access. 3. The location, arrangement, appearance and
sufficiency of off-street parking and loading; This is not an
lssue. 4. The adequacy and arrangement of pedestrian traffic
access and circulation, walkway structures, control of
intersections with vehicular traffic and overall pedestrian
convenience; This is not an issue. 5. The adequacy of
stormwater drainage facilities; This is not an issue. 6. The
adequacy of water supply and sewage disposal facilities; This is
not an issue. 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;
This is not an issue. 8. The adequacy of fire lanes and other
emergency zones and the provision of fire hydrants; The existing
access to the north side of the building will not be
significantly affected. 9. The adequacy and impact of
structures, roadways, and landscaping in areas with
susceptibility to ponding, flooding and/or erosion. This is not
an issue. RECOMMENDATION: Staff can recommend approval of this
sit.e plan."
- 24 -
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',--,'
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MR. HARLICKER-It went on
was No County Impact,
rôsolution.
to the County. The County said there
and then there's also a prepared
MR. PALING-Okay. Any comments before we open a public hearing?
MR. GRECCO-Tony Grecco. I'm General Manager of the log Jam.
MR. PALING-Okay. If you have no comments, I
right to the public hearing. All right. Is
the public that would like to comment on this?
think we can go
there anyone from
PUBLIC HEARING OPENED
NO COMMENT
PUBLIC HEARING CLOSED
MR. RUEl-I have a question. What's the significance of the
statement in regard to the ladies room on your plan?
MR. GRECCO-The present ladies room is going to be enlarged.
There's a small mens room and a small ladies room. It's going to
be one large ladies room, and this new project is going to be the
men~:3 room.
MR. RUEl-What you're adding is a mens room.
MR. GRECCO-We're adding a mens room. The mens room we have now
is inadequate. It has one stall.
MR. RUEl-Thank you.
¡'1R. PAL_U'H::';--O kay .
SEORA.
Are there any comments by Staff?
I"Je have a
RESOLUTION WHEN DETERMINATION OF NO SIGNIFICANCE IS MADE
RESOLUTION NO. 17-95, Introduced by James Obermayer who moved for
its adoption, seconded by Roger Ruel:
WHEREAS, t.hen3
application for:
is presently before
DAVID WHITE, and
the
Planning
BOaì"d
an
WHEREAS, this Planning Board has
project and Planning Board action
State Environmental Quality Review
determined that the proposed
is subject to reVlew under the
rc^ict, ,
NOW. THEREFORE, BE IT
F.~ESOL,VED :
i. No federal agency appears to be involved.
2. The following agencies are involved:
'"jONE
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
- 25 -
'-
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 25th day of April, 1995, by the following vote:
AYES: Mr. Brewer, Mr. Ruel, Mr. Stark, Mr. Obermayer,
Mrs. LaBombard, Mr. Paling
NOES: N()t',IE
ABSENT: Mr. MacEwan
MOTION TO APPROVE SITE PLAN NO. 17-95 DAVID WHITE, Introduced by
Roger Ruel who moved for its adoption, seconded by George Stark:
¡;:,,: wr i tten .
Whereas, the Town Planning Board is in receipt of site plan
application file # 17-95 fo)- const,·uction of a 8'
x 17'6" handicapped restroom facility.
Whereas, the above mentioned site plan application, dated
3/28/95 consists of the following:
1.
Site Plan - Log Jam Restaurant,
Proposed Men's Toilet Room
:3/l~?1 /95
dat.ed 3/21/95
Plan, d.3,t
2~
Where.3s, the above file is supported with the following
documentat.ion:
1. Staff notes, dated 4/25/95
2M Wa)-ren County Planning comments dated 4/12/95
3. Zoning Board of Appeals resolution, dated
4/19/9F5
Whereas, a public hearing was held on 4/25/95 concerning
t.he above project; and
Whereas, the Planning Board has determined that the
proposal complies with the site plan review
standards .3nd requirements of Section 179-38 of
the Code of the Town of Queensbury (Zoning); and
Whereas, the Planning Board has considered the
environmental factors found in Sect.ion 179-39 of
the Code of the Town of Queensbury (Zoning).
t.Jhereas,
the requirement.s of
Quality Review Act h.3ve
t.he St.ate Environmental
been considered; and
Therefore, Let. It. Be Resolved, as follows:
1. The Town Planning Board, after considering
the above, hereby move to approve site plan ~
17-95, David White.
2M The Zoning Administrator is hereby authol-ized
to sign the above referenced plan.
3. The applicant shall present t.he above
referenced site plan to the Zoning
Administrat.or for his signature.
4. The applicant agrees to the conditions set
forth in this resolut.ion.
5" The conditions shall be noted on the mapM
6. The issuance of permits is conditioned on
compliance and continued compliance with the
- 26 -
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Zoning Ordinance and site
pr oceS~3 .
plan approv,'è),l
Duly adopted this 25th day of April, 1995, by the following vote:
AYES: Mr. Ruel, Mr. Stark, Mr. Obermayer, Mrs. LaBombard,
Mr. Brewer, Mr. Paling
I\IOES: l\Iot\IE
ABSENT: Mr. MacEwan
SITE PLAN NO. 18-95 TYPE: UNLISTED JEFF SCHWARTZ OWNER: SAME
AS ABOVE ZONE: HC-1A LOCATION: RT. 9, LAMIRAGE HAIR DESIGN
PROPOSAL IS FOR A 1,144 SQUARE FOOT ADDITION TO EXISTING LA
MIRAGE HAIR DESIGN BUILDING. EXPANSION OF THE FACILITY REQUIRES
SITE PLAN REVIEW. CROSS REFERENCE: AV 17-1995 WARREN CO.
PLANNING: 4/12/95 TAX MAP NO. 69-1-20 LOT SIZE: 37,400 SQ.
FT. SECTION: 179-23 D
JEFF SCHWARTZ, PRESENT
MR. HARLICKER-This project
foot setback along Rt. 9,
received a variance for a
requi,-ed.
also received variances.
in that stretch ot the
50 foot setback, where
TI'''lere's
road.
75
a. 75
They
t i :'::~
STAFF INPUT
Notes from Staff, Site Plan No. 18-95, Jeff Schwartz, Meeting
Date: 4/25/95 "PROJECT ANALYSIS: Staff has reviewed the
project for compliance with Section 179-38A, Section 179-38B,
Section 179-38C and to the relevant factors outlined in Section
179-39 and found that it 1S in compliance. 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
addition should be compatible with the existing structure. No
new signage or lighting 1S proposed. 2. The adequacy and
arrangement of vehicular traffic access and circulation,
including intersections, road widths, pavement surfaces, dividers
and traffic controls; Traffic access will not be impacted by the
addition. The existing circular traffic flow will remain. 3.
The location, arrangement, appearance and sufficiency of off-
street parking and loading; There is sufficient parking to meet
the demands of the larger building. If more spaces are needed,
there is ample room on the site. 4. The adequacy and
arrangement of pedestrian traffic access and circulation, walkway
structures, control of intersections with vehicular traffic and
overall pedestrian convenience; Pedestrian access will not be
impacted. The handicapped spaces will be located near the front
entrance. 5. The adequacy of stormwater drainage facilities;
Stormwater drainage will not be impacted. 6. The adequacy of
water supply and sewage disposal facilities; Sewage disposal
will not be impacted. 7. The adequacy, type and arrangement of
trees, shrubs and other suitable plantings, landscaping and
screening constituting a visual and/or noise buffer between
applicant's and adjoining lands, including the maximum retention
of existing vegetation and maintenance including replacement of
dead plants; 1\10 new landscaping is proposed. 8. The adequacy
of fire lanes and other emergency zones and the provision of fire
hydrants; Emergency access appears to be adequate. 9. The
adequacy and impact of structures, roadways, and landscaping in
areas with susceptibility to ponding, flooding and/or erosion.
Ponding, flooding or erosion should not be a problem. Erosion
control measures should be in place during construction ad until
the site has been stabilized. RECOMMENDATION: Staff can
recommend approval of this site plan."
MR HARLICKER-Warren County lndlcated there's No County Impact.
- 27 -
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There's a prepared resolution for your consideration.
~1R. PALING--Okay.
SCHWARTZ-Jeff Schwartz.
MR. RUEL-Three drywells are shown in the parking area. Are t
open type, with a grate?
MR. SCHWARTZ-Okay. Well, I guess extra parking, if it's needed.
It's underneath the dirt, though.
MR. RUEL-It's covered?
MR. SCHWARTZ-Yes. You can't see the drywells.
tanks. There's a septic tank and then a grease
on the plan they reverse the septic and grease.
TI-"Iere's ~~;'E~pt ie
t.rap. Actually,
MR. RUEL-I was just wondering if it.'s okay to have parking area
ove::"( drY¡"Jells.
MR. SCHWARTZ-They're built for that.
MR. RUEL-Concrete?
MR. SCHWARTZ-Yes.
MR. HARLICKER-I mean, it should be noted that there isn't parking
proposed over these at thiS time.
MR. RUEL-There isn't?
MR. HARlICKER-No. That.'s green area back there.
MR. RUEL-It's possible.
MR. HARLICKER-Yes, but there's also room to put parking back
there without impacting t.he drywells, t.oo.
MR. RUEL-Is that a gravel area?
MR. SCHWARTZ-No, that's just dirt. It's clear,
would be, like, excess parking. I really doubt it
t.holJcih, that
I;Jould (Õ~ven I:)e
tJ~::;e(J H
MR. RUEl-You show the handicapped spaces at 10 feet. I guess it
must be a lot more than 10 feet. It looks like 18 feet on the
~:;ket.(:h ..
MR. SCHWARTZ-You mean on the front of the building there?
MR. RUEL-Yes. You've got two handicapped spaces there, next to
t.1-",e ¡",JatE~r 11 nes .
MR. SCHWARTZ-Yes.
MR. RUEL-You're showing 10 feet. You don't really mean 10 feet,
do you?
MR. SCHWARTZ-What does the width have to be on the handicapped,
\.Jhate\/er?
MR. HARLICKER-Two spaces, you have to have twenty four feet..
MR. SCHWARTZ-Okay. Well, we could add four feet.
MR. HARLICKER-You need eight feet for
access aisle between the two spaces,
eight..
space, and an eight foot
eight, plus eight, plus
- 28 -
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MR. RUEL-Yes. See, you've got 20 here. It should be 24.
MR. PALING-It needs 24.
MR. SCHWARTZ-Okay. Well, we can increase that.
MR. RUEL-Yes. You have the space there.
MR. PALING-Okay. If you don't have any comment, we'll go to the
public hearing on this. Is there anyone here that would like to
comment on this application?
PUBLIC HEARING OPENED
NO COMMENT
PUBLIC HEARING CLOSED
MR. PALING-All right. SEQRA.
RESOLUTION_WHE~ DETERMINAJJON OF NO SIGNIFICANCE IS MADE
RESqLUTION NO. 18-95, Introduced b>¡ Jam,,,,,s Obermay,","r l'Jho mO\led for
its adoption, seconded by George Stark:
I~JHEREAS, thc',re
application fOì"::
is presently before
JEFF SCHWARTZ, and
the
Planning
Board
¿¡,n
WHEREAS, this Planning Board has
project and Planning Board action
State Environmental Quality Review
determined that the proposed
. b . '.J h
1S su Ject to reVIew unùer t e
r'ict,
NOW, THEREFORE, BE IT
RESOLVED:
1. No federal agency appears to be involved.
2. The following agencles are involved:
r"10r'1E
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.
Dl.! 1. Y' ¿2~C ~)Ç)t
this 25th day of April, 1995, by the following vote:
AYES: Mr. Obermayer, Mrs. LaBombard, Mr. Brewer, Mr. Ruel,
Mr. Stark, Mr. Paling
j\!or<:; : ¡\JONE
r'iE~;SENT :
Mr, MacEwan
- 29 -
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MR. PALING-Okay. We need a motion.
MOTION TO APPROVE SITE PLAN NO. 18-95 JEFF SCHWARTZ, Introduced
by Roger Ruel who moved for its adoption, seconded by George
:..tar k:
As written, with the condition that the handicapped areas be
increased from 20 feet to 24 feet for two handicapped spaces.
Whereas, the Town Planning Board is in receipt of site plan
application file # 18-95 for a 1,144 square foot
addition to existing La Mirage Hair Design
building.
Whereas, the mentioned site plan application, dated 3/27/95
consists of the following:
1...
Drawing submitted
3/27/95,
with application dated
Whereas, the above file is supported with the following
documentat.ion:
1. Staff notes, dated 4/25/95
2~ Wa,-ren County Planning comments, dat,ed
4/12/95
3. Zoning Board of Appeals resolution, dated
4/19/95
Whereas, a public hearing was held on 4/25/95 concerning
t.he above project; and
Whereas, the Planning Board has determined that the
proposal complies with the site plan review
standards and requirements of Section 179-38 of
the Code of the Town of Queensbury (Zoning); and
Whereas, the Planning Board has considered the
environment.al factors found in Section 179-39 of
the Code of the Town of Queensbury (Zoning); and
t"hen- e¿;¡~'3 ,
the requirements
Quality Review Act
of
have
t.he
been
St.at.e Environmental
considered; and
Therefore, Let It. Be Resolved, as follows:
1. The Town Planning Board, after considering
the above, hereby move t.o approve sit.e plan ~
18-95, Jeffrey Schwartz.
2. The Zoning Administ.rat.or is hereby authoriz
to sign the above referenced plan.
3. The applicant shall present the above
referenced sIte plan to the Zoning
Administ.rator for his signature.
4. The applicant agrees to the conditions set
forth in this resolution.
5. The conditions shall be noted on the map.
6. The issuance of permit.s is conditioned on
compliance and continued compliance with the
Zoning Ordinance and sit.e plan approval
process.
Duly adopted this 25th day of April, 1995, by the following vote:
AYES: Mr. Brewer, Mr. Ruel, Mr. Stark, Mr. Obermayer,
Mrs. LaBombard, Mr. Paling
t'IOES: NONE
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ABSENT: Mr. MacEwan
SITE PLAN NO. 19-95 TYPE: UNLISTED B.L.L., INC. DBA THE STEAK
HOUSE ZONE: LI-1A LOCATION: INTERSECTION OF LOWER WARREN
STREET AND HIGHLAND AVENUE PROPOSAL IS TO RENOVATE AND REOPEN
THE OLDER BUILDING/RESTAURANT LOCATED AT 34 LOWER WARREN STREET.
RESTAURANT IS A PERMITTED USE SUBJECT TO SITE PLAN REVIEW.
BEAUTIFICATION COMM.: 4/10/95 WARREN CO. PLANNING: 4/12/95
TAX MAP NO. 110-7-3 LOT SIZE: .81 ACRES SECTION: 179-26 D
JOHN LYNCH & WILLIAM BARBER, REPRESENTING APPLICANT, PRESENT
STAFF INPUT
Notes from Staff, Site Plan No. 19-95, B.L.L., INC./DBA THE STEAK
HOUSE, Meeting Date: Ap)Nil 25~ 1995 "PROJECT ANALYSIS: Staff
has reviewed the project for compliance with Section 179-38A,
Section 179-388, Section 179-38C and to the relevant factors
outlined in Section 179-39 and found it to be in compliance with
the above sections. The project was compared to the following
~3tandal j '-"und in Section 17':'1-<38 E. of t.he Zonin:;;¡ Code: 1. The
location, arrangement, size, design and general site
compatibility of buildings, lighting and signs; The building's
exterior has been upgraded. Glare from lighting should be
directed on site. New signage will be subject to a separate
approval. 2. The adequacy and arrangement of vehicular traffic
access and circulation, including intersections, road widths,
paveMent surfaces, dividers and traffic controls; The site will
be from two points, one on Highland Avenue and one on
Warren Street. The curb cuts are existing and the applicant 1S
delineating them so that they are at defined points. 3. The
location, arrangement, appearance and sufficiency of off-street
parking and loading; The applicant is P)Noposing 37 pa)~king
spaces which should be adequate. The applicant has indicated a
loading area by the kitchen entrance and that deliveries will be
during off hours when there are no customers. 4. The adequacy
and arrangement of pedestrian traffic access and circulation,
walkway structures, control of intersections with vehicular
traffic and overall pedestrian convenience; Pedestrian access is
adequate. The applicant should better delineate the handicapped
parking areas so that they comply with the ADA standards. 5.
The adequacy of stormwater drainage facilities; The existing
stormwater drainage will be unchanged. The applicant has stated
that water is directed to two storm drains on Highland Avenue and
Warren Street. 6. the adequacy of water supply and sewage
disposal facilities; A new septic system is being installed and
it's design is being reviewed by Rist-Frost. The site is
serviced by municipal water. 7. The adequacy, type and
arrangement of trees, shrubs and other suitable plantings,
landscaping and screening constituting a visual and/or noise
buffer between the applicant's and adjoining lands, including the
maximum retention of existing vegetation and maintenance
including replacement of dead plants; Scattered bushes are being
proposed along the road frontage and in front of the building.
Increased landscaping would greatly improve the character of the
property and t.he intersection. 8. The adequacy of fire lanes
and other emergency zones and the provision of fire hydrants; A
fire hydrant. is located on Highland Avenue and emergency access
does not appear to be a problem. 9. The adequacy and impact of
structures, roadways, and landscaping in areas with
susceptibility to ponding, flooding and/or erosion. Ponding,
flooding or erosion do not appear to be a problem.
RECOMMENDATION: Staff WOllld approval that landscaping be beefed
u!')" St'(e¿o,t tr,e,(;>s should bE;> planted alon~1 the road frontage."
MR. HARLICKER-It was reviewed by Warren County and approved with
the condition that the applicant adhere to the conditions of the
Oueensbury Beautification Committee, and there's also issues in a
F-~i~s;t,"'F·ro::;;t letter dt1,ted t~prjl 14, 199':;. TI'''lo applicant 1'''la,3
submitted a septic design. J believe he's been working with
-- 31 -
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Rist-Frost on the septic system. It's unfortunate that Bill's
not here, but I'm not sure if there are any outstanding issues
regarding the septic design or not.
MR. PALING-But the septic system was oV8)·sized, tllst's not a
¡:::'r (1) 1 (}m .
MR. HARLICKER-Right.
MR. PALING-Yes. Okay. Now he does ask for a percolation rate,
Ri~'3t"Fì"0~;3t .
MR. STARK-Bob, I might add that any septic system will have to be
approved by the DOH.
MR. PALING-Yes. Right.
MR. RUEL-A perc test 1S part of the septic system?
MR. OBERMAYER-Yes. The Department of Health has to approve it
a ny'wa'''/ .
MR. STARK-It has to be done in front of them.
MR. PALING-The perc test does, so we don't have to worry about
t.I'''ia,t ..
i"1R. ~;HiRr(··I "'Jouldn't "'Jorry about. it. Let them "'Jorry about it.
The only thing I think, so far, is just to beef up the plant1ng
along the roadway and that's it.. Maybe he addressed it. already,
t()o.. I cion' t. kno\..¡.
MR. PALING-Well, t.here's t.wo t.hings so far, delineate t.he
parking, the handicapped parking, bett.er, and t.hen the plantings,
yes. They're t.he only two that. I have so far. Any comment.s?
MR. BREWER-I just want. to commend the applicant. on his efforts to
restore the building and just make not.e t.hat t.his is anot.her
entrance into the Town of Queensbury, and like we did with
McDonald's, maybe we could beef up the landscaping, as noted on
Number Seven in St.aff's not.es, and maybe we can put. some maple
trees in like we did wit.h McDonald's, as kind of a scheme,
entering the Town.
MR. LYNCH-My name is John Lynch.
MR. BARBER-My name is William Barber.
MR. LYNCH-We went before t.he Beautification Committee, and we
asked them for a recommendat.ion, and what. t.hey'd recommend, and
they recommended, along t.he front. of the road, we had put shrubs.
I said we had nothing but. shrubs. They recommended we put. in
Honey Locust. trees, and t.hey defined to us why to use that t.ype
of tree. It.'s fast. growing, but. it. won't block views from the
road, t.ì"affic or an/t.hing like the'/. They recommende:cl ~'3econcl
floor plant.ing boxes. They recommended several things. We
agr (!Jed .
MR. PALING-Okay. You agreed to that. Have you seen this, Tim?
Mr.:. BREWER-·Yes. I guess whsl1:, I'm ~~;ay,i,ng is, they're only ~~;howin:]
seven plantings along that strip, and that.'s 171 feet.. That's
qUlte scat.t.ered, I'd say, isn't it?
MR. STARK-Tim, what did we recommend for McDonald's? I don't.
remember, 30 feet between them, something, Tim, was it.?
MR. HARLICKER-Yes.
MR. BREWER-Twenty or twenty-five. I don't. remember, thirty feet.
- 32 -
--
~
,-",'
MR. HARLICKER-It was about 30 teet.
MR. BREWER-They
recommended seven
h,ad 161
tì'ees or
feet or something
ô::;om(jthi ns;¡..
like that,
and ¡,.¡e
MR. STARK-That's what they're putting in, seven trees, aren't
thi::}'?
MR. BREWER-Well, they show shrubs, George. They're not trees.
t1R . PAL, I NG--E x CU~:3<? me. l.Jou I (I/Ol,\ a n~;v.)er t h(:: que~'3t. i 0 1'1, to c I a ì' .i f '/
thEJt, [.')1 ea:;:;e .
MR. LYNCH-Originally, when I drew the original plan, we put down
shrubs. Then we went before the Beaut.ification Committee. They
recommended, instead of shrubs, put in the Honey Locust trees,
which would be much more attractive and we as;¡reed with them. We
asked them for advice.
MR. PALING-Okay. How many Honey Locust trees are involved?
MR. LYNCH-There'd be seven. Wherever there's a shrub, alons;¡ the
road, which would be eight, a total of eight.
MR. PALING-And what would the footage between them be, if they're
2~, feE,;t?
MR. LYNCH-It wouldn't be exact, because somewhere you have a
driveway. and we'd have to meet the existing conditions.
MR. PALING-But it would be an average of that?
MR. LYNCH-It would probably be, it varies.
MR. PALING-Did you agree with the Beautification on the number of
trees, too?
MR. LYNCH-They agreed that we'd put them wherever we had put the
pr oposed ~:,; hì' ub~3 ..
MR. PALING-Okay.
MR. STARK-I don't see a problem.
MR. HARLICKER-Did they give you
trees, or what size trees are you
any indication as to what
planning on planting?
size
MR. LYNCH-We've been in contact with Mead's to give us a quote.
MR. HARLICKER-Three inch caliper?
MR. LYNCH-We haven't put anything in yet, obviously_
MR. HARLICKER-Do you know what callper trees you're proposinq to
¡:)ut in there?
MR. LYNCH-No. We're looking for Honey Locusts, Ii
liS to.
t 1'''ley as ked
MR. HARLICKER-Okay.
MRS. LABOMBARD-I would just like to make a comment. I don't
think that there should be any analogy drawn, with your place and
McDonald's. McDonald's is a massive conglomerate in this
Country, and you're a local business person, and I think that
what you've done here is commendable. I've been going by that
place since they took me home from the hospital a while ago, when
I was born, and I just think that you can start with your trees,
and as time goes on, if you think it needs to be aesthetically
upgraded, go for 1t.
- 33 -
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MR. BREWER-Cathy, I think you missed the point. I didn't compare
them with McDonald's. I compared the entrance into the Town.
MRS. LABOMBARD-I agree with you on that.
MR. BREWER-There's no comparison between McDonald's and the Steak
1,,10 u ~::; () .
MRS. LABOMBARD-Sometimes I feel that this Board has been bogged
down on this, on the shrubbery and planting business, and I know
how expensive that can be, especially when you're operating on a
budget, then to have us come around and say, well, you've got to
add this, this, this, this, and this, and, you know, but I think
that definitely something is needed.
MR. LYNCH-Yes, and we agreed to that.
MRS. LABOMBARD-Yes, and I realize that.
MR. BARBER-It'll be extremely attractive when it gets done.
MR. OBERMAYER-It's a beautiful building.
MR. PALING-If it's like you're doing the rest of the building,
it'll be good looking.
MR. OBERMAYER-There's an existing sewer line that does run down
the road. It's Glens Falls sewer, actually, because I know Cieba
Geigy. Is it across the road? Was there any plan to possibly,
a,pparfJntly not.
MR LYNCH-We'll tie into it if they'll let us.
MR. OBERMAYER-Did you look at that option, because I know, it's
on the other side of the canal?
MR. LYNCI'1--Yes.
MR. OBERMAYER-Okay. I see.
MR. STARK-There's no way you're going to be able to tie into
t.hat, thon.
MR. OBERMAYER-No, there's no way. Okay. I wasn't sure on what
side of the road they ran it.
MR. PALING-The Beautification Committee also had a comment about
stockade fencing around the dumpster. Are you going to?
MR. LYNCH-When they asked us what we were going to do, I said,
we'd probably put a stockade fence around the dumpster, realizing
that it has to be shielded from public view, and they recommended
that, instead of using a stockade fence, because trucks tend to
bump into them and hit them, they said a lot of places are using
chain link fence, that has like a green ribbon.
MR. PALING-But your choice is to go with the stockade fence?
MR. LYNCH-No. It wasn't, because we hadn't even consider
considered the chain link, but at the time (lost word) it
be shielded from public VIew.
it,
"'Jould
MR. PALING-Okay. The important thing is that it's shlelded.
reasonably attractIvely. Okay.
MR. LYNCH-Especially in a restaurant. You have to make it, you
know, if there's going to be people walking into the restaurant,
you have to make sure that there's not a dumpster looking at them
in the face.
- 34 -
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t"lR. P~¡L_ING--Okay.
MR RUEL-Bob, I've got a couple of questions.
Staff. The statement that the curb cuts are
applicant is delineating them so that they are
What doe:3 tl'lat mc;an?
One of them is for
eX1st1ng, and the
at defined points.
MR. HARLICKER-Well, right now it's just kind of a come In any
place you want, similar to the Harvest.
MR. RUEL-There's no curb?
MR. lYNCH-I can answer that If you look at this, do you have
this plan in front of you there? If you look at the central
section of it, there is sidewalk, where I've written sidewalk.
That's an actual, like, six inch sidewalk put in by the State or
the County, somebody, and there's a curb on each side of that,
belt on the othe1" é?ncl, there ':3 noth:i, ng. It's just ¡",¡,de open ,.
maybe a 40 or 50 foot drive.
MR. RUEL-What happens to the sidewalk on Highland? It just stops
there, it doesn't go on?
MR. LYNCH-Nothing.
MR. RUEL-Are you going to have shrubs beyond that?
MR. LYNCH-There's nothing at all there, Just grass com1ng.
MR. RUEl-Okay. I'd 15 to suggest that, that you add to the
plan a note to the effect that parking spaces eight and nine are
to be twelve by twenty each, handicapped areas. All right.
MR. l'y'NCH-w'y'(?s.
MR. RUEL-And that way you don't have to touch the plant, and the
other th1ng 1S you should show, somewhere, a sketch of the
elevation of the ic and grease trap, a little sketch on the
Sl somewhere, the elevation of the septic tanks and the grease
trap, where they are in the ground, how many feet, etc., what
~3ize~ "
MR. lYNCH-I wouldn't be able to show that until that is built, as
built plan.
MR. RUEl-Because I think that's one of the comments that Rist-
Frost had asked for. They ask for additional details regarding
elevations of grease trap and septic tanks should be shown on the
plans.
MR. BARBER-The plans are right now back to Rist-Frost. Now Rist-
Frost plans to submit them to the Department of Health. The
Department of Health is going to go over them with Rist-Frost,
and then it will come back to the Town of Cueensbury, and at that
point we could truly tell you what elevation, what is going to be
what. We don't know. They're going to tell us.
MR. RUEL-Well, you'll have to satisfy Rist-Frost, in any event.
MR. BARBER-And the Town of Queensbury.
MR. OBERMAYER-Department of Health
MR. BREWER-We can just make into the motion that all.
MR. RUEL-AlI Rist-Frost comments will be incorporated.
MR. BREWER-Exactly.
~1F<., S.T(-\Rr(--I~Jill
add r e:::~s;ed .,
- 35 -
_./
MR. PALING-Okay. There's a public hearing on this. We might as
well go into that now. Is there anyone here that wishes to
comment on this application?
PUBLIC HEARING OPENED
NO COMMENT
PUBLIC HEARING CLOSED
MR. PALING-All right. I think we need a SEQRA.
RESOLUTION WHEN DETERMINATION OF NO SIGNIFICANCE IS MADE
RESOLUTION NO. 19-95, Introduced by James Obermayer who moved for
its adoption, seconded by George Stark:
~JHEREf'iS , t. her e
application for:
1S present.ly before the Planning Board
B.L.L., INC./DBA THE STEAK HOUSE, and
an
WHEREAS, this Planning Board has determIned t.hat the proposed
project and Planning Board action is subject t.o review under the
State Environmental Quality Review Act,
NOW, THEREFORE, BE IT
F?ES,OL.\/ED:
i. No federal agency appears to be involved.
2. The following agencIes are involved:
r"~ONE
,',
The proposed action considered by this Board is unlisted in
t.he Department of Environmental Conservat.ion Regulations
implementing the State Environmental Quality Review Act and
the regulat.ions 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 environment.al concern and having considered the criteria
for determining whether a project has a significant
environment.al impact. as the same is set fort.h in Sect.ion
617.11 of the Official Compilation of Codes, Rules and
Regulat.ions for the St.ate of New York, this Board finds t.hat
the action about to be undertaken by this Board will have no
significant. environmental effect and the Chairman of t.he
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 25th day of April, 1995, by the following vote:
AYES: Mr. Obermayer, Mrs. LaBombard, Mr. Brewer, Mr. Ruel,
Mr. Stark, Mr. Paling
1"'10E''::;: i"~ONE
ABSENT: Mr. MacEwan
MR. RUEL-I had a question. This is PC-lA, right? It's one acre,
right?
MR. PALING-It's an eXIstIng structure.
Ch.'3 naed .
There '~; nothi ng
in:;;
MR. RUEL-No. So it doesn't have to meet the zonin:;; requirements.
- 36 -
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MR. BREWER-What are you talking about? It's Light Industrial.
MR. RUEL-Yes, but
(",ar d ~n t, for
jc,!st \..,¡onc!er in') .
I'm sayin'J
instance.
the zoning requirements
We don't have 30 Feet.
are side
So I t-Jas
MR. BREWER-You're looking in PC, though. Roger.
MR. RUEL-Yes. Isn't that what we're in?
MR. BREWER-No, Light Industrial.
MR. RUEL-No, this is PC, isn't it? Plaza?
MR. BREWER-Light Industrial.
MR. PALING-This is Light Industrial.
MR. HARLICKER-Could I offer a couple of comments, here, on this?
MR. 08ERMAYER-Sure.
MR. HARLICKER-I think you might want to note about the Rist-Frost
comments. It has to be signed off by Rist-Frost, or a letter
from them saying all their comments have been satisfied, that
they incorporate the comments of the Beautification Committee,
and you might want to nail down, like I was trying to get at
bCJfore" a :3iz('::; of t.1·'·¡() t.ree. Thc::r:::"s :'7,:1.1<:1'1';3 va,rif?ct"/,·" I'm sa'j",i,\ì';í,
a pop can is about a two and a half inch, three inch caliper
t. r f:?e , 1.1:',;:: we've 90t t.o go:) ou t a nei 1001< at t ,a nei \¥? need
some sort of quantifiable.
MR. OBERMAYER-As agreed to with the Beautification Commit.tee.
MR. PALING-I t.hink there's a lit.tle bit more t.o it.
MR. HARLICKER-They didn't do a SIze. I mean, when John Goralski
goes out there and looks at the site plan for the CO approval, he
needs to have some quantifiable numbers that he can look at out
the)'e.
MR.
the-
PALING-All right,
trees at t.wo and a
then you could put a
half Inches.
minimum diameter on
MR. HARLICKER-Caliper, not diameter.
MR. OBERMAYER-Is one and a half Inches okay with the applicant?
MR. BARBER-Gentlemen, based on the past experience, what we've
done so far, should actually tell you that we were not gOIn9 to
shrink on a few trees. We have in excess of hundreds of
thousands of dollars invest in this program, and you've got to
have some confidence in the builders.
¡VIR. 1'1 i-'ìR1_ T CI<ER--'Y es, :r k n()\^J, bu t )/ou' I/e' 90t to under :':; La ne! fr om Q.IdL
point of view, we've 90t to go out and look at these things, and
when we t nebulous terms.
MR. BARBER-Right. If you want 18, you'll have 18.
MR. PALING-You've already committed to that on your print, and so
just make the motion, the size of the trees, the Beautification
Committee, otherwise, and what else?
Mn
("\ ,
BREWER-Caliper, one and a half inch.
i'1R. P(.\L I t,·!e:; y,'S<E:.,
MOTION TO APPROVE SITE PLAN
STEAK HOUSE, Introduced by
NO. 19-95 B.L.L. , INC.
James Obermayer who moved
DBA
fa)"
THE
it.s
- 37 -
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adoption, seconded by George Stark:
That they meet all of Rist-Frost's. letter dated April 14. 1995.
comments. That they receive a Department of Health Certificate
for their septic system design. That they plant eight trees. as
approved and recommended by the Beautification Committee, and
they shall be a minimum of an inch and a half caliper. As noted
in the resolution.
Whereas, the Town Planning Board is in receipt of site plan
application file # 19-95 to renovate and reopen
the older building/restaurant.
Whereas, the above mentioned site plan application, dated
2/22/95 consists of the following:
1 .
Staff notes, dated 4/25/95
Rist-Frost comments dated 4/14/95
Warren County Planning comments dated
Beautification Committee comments
4/12/95,
dated
2"
';'
.....) ..
,4.
4/1 (J/{).::,
J...Jher ea~, .
a F)ur)lic
the abol..le
¡-"I'sar i ng IrJas held
project; and
on 4/25/95
concerning
Whereas, the Planning Board has determined that the
proposal complies with the site plan review
standards and requirements of Section 179-38 of
the Code of the Town of Queensbury (Zoning); and
Whereas. the Planning Board has considered the
environmental factors found in Section 179-39 of
the Code of the Town of Queensbury (Zoning).
Whereas, the requirements of the State Environmental
Quality ReVlew Act have been considered; and
Therefore, Let It Be Resolved, as follows:
1. The Town Planning Board, after considering
the above, hereby move to approve site plan #
19-95. B.L.L.. Inc./DBA The Steak House.
2. The Zoning Administrator is hereby authorized
to sign the above referenced plan.
3. The appllcant shall present the above
referenced site plan to the Zoning
Administrator for his signature.
4. The applicant agrees to the conditions set
forth in this resolution.
5. The conditions shall be noted on the map.
6. The issuance of permits is conditioned on
compliance and continued compliance with the
Zoning Ordinance and site plan approval
j:)'( c)c:e-s~; ..
Duly adopted this 25th day of April. 1995, by the following vote:
AYES: Mrs. LaBombard, Mr. Brewer, Mr. Ruel, Mr. Stark,
My. Obermayer. Mr. Paling
t"OE~:, : I',IONE
ABSENT: Mr. MacEwan
DISCUSSION ITEM:
WILLIAM THREW - FOR DISCUSSION OF
EXPANSION OF HIS WAREHOUSE FACILITY.
3/28/95 FROM MILLER ASSOCIATES.
A THREE PHASED SITE PLAN
SEE LETTER AND PLANS DATED
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MR, PALING-Scott, do you have any comments on this?
MR. HARLICKER-No formal comment right now. They're proposing
two more warehouses, with the possibility of expanding back for a
fourth, back from 3.27 acres back there at a future date.
There's no indication on here as to what the pavement's going to
be, if it's going to be asphalt or gravel, the paved area, or the
accessways, parking spaces. There's no indication as to what the
ground cover's going to be. There does not appear to be any
drainage shown for Phase III building, as there is in Phase II in
the existing warehouse, or any indication as to what's going to
happen with drainage in the accessways for parking, parking
spaces. It's noted that t accessways behind the building are
going to be gravel, but not the rest of the parking and access
a.ri21E:;:;;; ..
JIM MILLER
MR. MILLER-My name is Jim Miller, Landscape Architect.
EILI._ THF~Et..¡
MR, THREW-I'm Bill Threw, the owner.
MR. HARLICKER-Understand, this is concept plan. So these items
will be on when they submit a final application, but just noting
t,hem.
MR. OBERMAYER-I have one question.
mess out there like you were supposed
Did
)/ou
9UY:::; clea,n u,p
tr"¡(:;
.,~ ..', .-""
I". () :'
MR. MILLER-That's ongoing now,
mo'.) i ng ahoad,
in anticipation of this project
MR. STARK-It's going to be cleaned up
building. I mean, thoy'vo got to clean
bui ldi 119
l;¡r"len
it
they build the
up to build the
MR. PALING-Yes. I think we might have a little misconception on
this, because I've talkod with Mr. Threw about 1t, and I have to
apologize, because somethin9 I thought was useless is a paving
machine, and which will be used, and I can seo pipe which can bo
useful, but there is stuff in between that seems useless, and
that's the part I guess that we hope will be cleaned up.
MR. THREW-That useless tile has all been used to do the footings
for the forms in the next building. We used those on the
original building. We're going to use them again on the second
one.
MR. PALING-Okay, that waSll't the part I referred to, but we have
to be careful the way we classify it, because 1t can be very
useful material. It is the appearance to us, I guess, that's
deceiving, but we do, I don't know, look forward, somehow, to
having that cleaned up, so that, to the normal eye, it looks
cleaned up, I guoss, that's a good way to put it.
MR. BREWER-Wasn't there some sort of a timetable put on that or
something, Bill?
MR. THREW-We have cleaned up the area Clost word) and we just
mO\.j'?ci (}\/er/tl"ling back tl"I(:;\'o I cJi.:::ln't know I INa~;:; 90in:S1 to be
renting the second p out so fast, but I think I'm going to
rent t.hat ()ut" I've) 9()t the ~;:;ec()nci phi,3.~3(?, th(;) first buildin~;¡
right on the end, instead of the 125 200, it'll be 125 by 400.
That's already in the process of bein9, gettin9 my approvals.
MR. PALING-Well, are we within our rights, asking that, let me
call it for the moment. and I may be taking libertios. but aro we
within our rights to ask that useless materials be cleared away,
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in something like this?
MR. MILLER-Mr. Chairman, I believe, and we can address this as
F'art of t.he si t.e plan, but as he e;:.::pand~3, t.he propo~3al i~~: t.11,',1t
these warehouses will occupy, plus the existing office building,
will occupy the ent.ire usable area of t.he site. So, as this
project is expanded and developed, material will all be removed.
t1~~. 08ER~1AYER"-I t.houGd''!t, that ¡',Jas pa'rt. of t.1"IG last. sit.o pL':HI?
MR. PALING-Yes, but. t.hat.'s a ma ana kind of promiso. What. I'm
trying to do is I'd like to see the place look neater, and have
some sort. of a definit.e schedule for it. t.o happen, and if you
want to designate, like the pipe. That's useful material. The
paving machine, that.'s fine, but t.here are ot.her mat.erials there
which I think you'd agree would be done away with eventually, and
we're just. looking for schedule for t.hat..
MR. BREWER-I thought we did that, is I guess what I'm saying, and
if you look at our previous resolut.ion, I t.hink wo set. some sort
of a time table as to when t.hat was going to happen.
MR. RUEL-Yes, we did.
MR. MILLER-I think it was the end of May, because then I included
some of tho sit.e plan, we came in for the modified sit.e plan for
~ f· b Old" J ~J dl" t.. J f
t¡"/C"lrst UI. lng, ane tl"/ere was a (Jea , 1 ne, t.,I'/e ene 0 May', to
do that work. I don't specifically remember the requirements
for.
MR. PALING-We can find out. I'd forgotten that, but if it's like
the st.umps and things like that, we're going t.o ask you to comply
I;Jit :"1.
MR. THREW-Right. They were taken off the site that we aIr
We just pushed t.hem out back. I'm in the process of trying t.o
get a "stump dump" from the Town of Queensbury. I've got a State
permit for one, but. I'm just waiting for the Town of Queensbury
to give me the stump dump. We'll get rid of those. What I've
done is Dave Hatin and Jim Martin (lost word) I have done what I
said I was going to do the first time. They've inspected it.
There's no problem with the first phase, Now what I did is
pushed everything else in the back, to hide it, which was to
t.heir approval. Now we've opened it up we're filling the pit
that I had. I have a mining permit on the site. I have a right
t.o put the material in, take it out, legally, through t.he Town
and through State of New York, and I'm in the business of
building roads. Right. now I'm bringing in all the t.opsoil. with
stuff that I've saved, stored for two or three years, and then I
screen it and sell it for screened top soil. This is the product.
of m)/ trade.
MR. PALING-I wish we had that resolution here. We could look at
1t. We don't have it..
MR. OBERMAYER-But this is only sketch plan.
looking at this now.
I mean, we're just
MR. PALING-I think the least we want done is compliance with the
original resolution.
MR. RUEL-Well, we still have time.
MR. HARLICKER-It might be that they have
do it, and as Bill said, if Dave Hatin
out there and inspected it, and he has
previous resolution is, then we're done.
unt.il the end of May to
and Jim Martin have n
complied with what our
MR. PALING-If he's complied with t.he previous resolution that it.
has to have a measurement on it, because I don't think that they
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would approve some of the stuff that 1S dumped there as having
corrected the problem.
MR. BREWER-I'm not saying
saying that Bill says that
if they did. By the time
that out.
they did or they didn't. I'm just
they went out there, and lets find out
he comes back, we can certainly find
MR. RUEL-Next month we'll know.
MR. PALING-Okay. I think sufficient to say that, one way or
another, we're going to require a definitive correction of the,
I'm calling it useless material, but, for lack of a better word,
but I think we will, I know we're going to require that, and we
can examine the original resolution and take and revisit the
site, I think, and perhaps with yourself, and then talk about
which i~;:; 1,'Jhic:h.
MR. OBERMAYER-I think so, too.
MR. STARK-I think we ought to revisit the site.
MR. PALING-Yes, and Mr. Threw has already offered to talk with us
and just show us around. So I think we can work it out.
MR. THREW-Just like I said before, if you want to come and look
at the site, just call me and I'll go over it with you.
MR PALING-We will.
MR.
up,
BRE!"'JE:F~"E30b ,
wh/ cJon' t ,.,Ie
if we're going to
ask for some sort
require some sort of
at a clean up plan.
a cl,:;-;,D,n
MR. PALING-Yes. I agree.
MR. BREWER-I mean, that's not out of the question 1S it?
MR. STARK-Lets look at the place first.
MR. THREW-We're trying to put up buildings on the total parcel.
There isn't going to be any messed up. There can't be. There's
going to be all buildings on it. It's all going to be paved and
buildings. There is no other room on it.
MR. OBERMAYER-What's the intended use of the buildings?
MR. THREW-Storage, cold storage.
MR. OBERMAYER-Cold storage?
i'iP. T}"!FŒ:!"'J"'Ri9hl:.
MR. OBERMAYER-So what are they going to be storing?
MR.
p;::-J.rt,
people
:::;;te,rin9
(:;out.
THREW-Encore is in the first part (lost word) in the second
They have trucks just going in and out maybe one or two
there at anyone time. That's all they have. It's just
t IT product they ship from the mill, and then they ship
MR. 08ERMAYER-Okay. There's going to
waste stored there, right?
no,
like, ha,:zardotJ.:õs
MR. THREW-No. It's all tissues and rolls of paper, whatever
product they make, they store in there.
MR. PALING-When would you come
l.Jhen eiiel )'C,t! i nt.ønd to do that?
!< for t
next hearing on this?
MR. MILLER-We wanted to submit this month to be on the agenda for
- 41 -
MR. PALING-I'm sorry. yes. The
be, 1'1a/ lOt Ii.
Wednesday_ Then it would
MR. MILLER-What time would you be at the site?
MR. PALING It would be about 4:30, but we would confirm that with
'/")U
MR. MILLER-Okay.
MR. PALING-Okay. That's May 10th. Okay. If we change that to
another day, we're going to meet afterwards, and we're talking
about changing it to like a Tuesday or Thursday. If we notified
you right away, is that still okay? It would either be the day
before or the day after. In other words, it would be either t
(?th Oì" the 11th, if \.Je should chi.3.nge, but V~<? 'el call/c)l.1 and le1:
/ou know right away.
MR. MILLER-Right.
MR. PALING-Okay. We can be sure that we visit with you on one of
those days, and then, how do you incorporate any feelings we
have? We can't decide anything on those meetings, something like
that. That's information gathering. Well, you know, we could at
least have something for discussion that maybe could be included
in a resolution, and maybe, you know, it's a matter of having
some phasing lines on the plan, where the site will be cleared,
certain points by certain dates.
MR. PALING-All right. I would be comfortable with that, as long
as we had a print to that effect. or plan to that effect.
MR. BREWER-What kind of a time table are you talking about fOT
development? Any idea?
MR. MILLER-Well, looking to do the Phase
existing warehouse, as soon as possible.
that's in the warehouse is committed to
[3;.111 Hi.3.nt~;:; to e::.:panc! v~it.h this one, if he
II, the addition on t
Right now, t.he tenant
taking that space~ So
calì.
MR. BREWER-What about Phase III?
MR. THREW-There's people looking at that..
anything )iE-t.
l.Je ha\len't
ide.;)
MR. BREWER-So )iou're talking within probabl)i a year or two.
MR, THREW-By September.
MR. BREWER-Within a year.
i'1R, i'UU,EP--I;Jell, that's Ir,JlT)i' IrJe decided to try to ::;;ubmit, it,
instead of coming in as two separate site plans, try to do it all
at once and have it phased, because more than likely. it sounds
like as soon as one 1S, the second Phase is complete, we'll
quickly moving into the third phase. One of the comments that
Scott had about grading and drainage, one of the reasons we
submitted for the wor hop discussion tonight was we didn't have
the survey Hork completed. We've since had the t.opography
completed on the site, and all the drainage will be directed into
1.nl<::,t:::; ane! dr>/v~elb::;. TI-leì·e'~3 veì-)-" gooel sand on t.he site. '30 all
ainage will be retained on the site.
MR. PALING-Okay, and Scott also had comments, I believe, about
the paving and the lawn.
MR. MILLER-Yes. Mr. Threw and I discussed the paving.
intention to have all the areas paved Hith asphalt.
completion of the project. One of the concerns we have
since the construction is progressing to t.he rear of the
It 's hi.~:;
at. the
i:~; the,
site" if
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next month, but we also, in order to do that, would have to
request for an extension. We were originally scheduled to be on
the Planning Board for this discussion last week, and I have a
letter tC) that effect, and then I;J{'J I;J,::~re put on the a,genda this
week, and since it's due tomorrow, I didn't know what the outcome
of our discussion would be tonight, so I did what I could, but we
anticipate that the full submission on this would be two plans,
site plan, and the grading, drainage, erosion control plan.
We'll need a stormwater management plan, plus the SECRA and the
application form. So, as part of our discussion tonight, I was
going to ask for an extension so we could submit for next month.
MR. PALING-An extension of what?
MR. MILLER-The due date for the application.
i'1R. P('ÌLHIG-Okay.
MR. STARK-Until when?
MR. MILLER-Well, I'd like
could, instead of Friday
¡,,¡ec) kend .
to submit
aft,er noon.
it Monday morning, if I
That would give me the
MR. STARK-Is that okay with you, Scott? I mean, you've still got
tlme to review it then and everything?
MR. HARLICKER-Well, I'm trying to think of the tlme frame that
we're working under here.
MR. PALING-You've got to be practlcal. It's your decision, in
that cas!::;.
MR. HARLICKER-We probably won't have a meeting until Monday
mornin~J.
MR. OBERMAYER-Now what's the
It's so that you can be on the
reason for the extension again?
first meeting of next month?
MR~ MILLER-Well, no, 80 we can be
believe the due date is tomorrow for
be on the second meeting.
on next month, because I
both meetings, and we could
MR. OBERMAYER-But the first meetlng is for the preliminary
anyway. though, right?
MR. BREWER-No, site plan. There's no preliminary.
MR. MILLER-Well, that's what
to try to here tonight,
field some of the comments,
,appl ication"
we were hoping. Our intention was
reVlew the project with you, try to
so we could more fully address the
MR. PALING-Could you put a clean up plan in there?
MR. STARK-Bob, I would like to go out there, flrst, to see, and
then maybe have some comments on it.
MR. PALING-Are we going to follow them up, though, if we do it, I
agree with you, but if we do it that way, are we going to, then,
delay them again, when they corne in for the review?
MR. MILLER-Well, what I would sug ,if I knew when the meeting
was going to be at the site, I could be there with Mr. Threw, and
we could review it, and incorporate whatever findings we have,
the slte lnto the plans when they come up.
MR. PALING-It would normally be May 17th, the third Wednesday.
MR. BREWER'-The second Wednesday, the third Tuesday.
- 42 -
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...
he puts in the new asphalt, he's running over it. So we may
possibly do a binder course until the construction's finished,
and then put a top course over the entire parking lot, but the
intent is the asphalt.
MR. HARLICKER-Are you
asphalt, or is it just
going to have curbing, after
going to blend right into the
you do
thE:
~;~ y r~ ~;; ~3 ...?
MR. MILLER-Well,
this pOInt, we
something, we may
places, the grass
we've got to talk about that. I suspect, at
may have, where we abut some sidewalk or
have some curb as part of the sidewalk, in most
would come up to the edge of the pavement.
MR. HARLICKER-Okay.
MR. PALING-One more was the lawn.
MR. MILLER-We've been having some discussion about that, the non
pal,/ec! ar(~:a~3.
MR. THREW-The non paved areas are going to be chipped and
mu 1 c h(:d, mO~:3t 1"/ .
MR. PALING-Chipped and mulched.
plastic down, are you?
Now, you're not going to put
MR. THREW-Well, we were thinking about, keeping the weeds from
corning up, putting plastic down and mulch over it.
MR. PALING-I don't believe we can allow that.
MR. HARLICKER-Then it can be considered permeable, then, because
the water's not going to get down through it.
MR. THREW-Way out in
through the plastic, at
to that (lost word).
the front there, well, you poke
certain control points, at the low
ho 1 e~c~
po i nt:3
MR PALING-You'd have to
permeability, though. If you
9Øt [)lugged up.
kind of prove
lay plastic down,
the
and
effect on
t. ho~;e ho 1 (:S;
MR. THREW-What about stabilizat.ion fabric, that they'll grow
t.hrough? Put a fabric down inst.ead of plast.Ic.
MRS. LABOMBARD-I have weed mats.
MR. PALING-You mean like a weed mat.?
MR. THREW-Yes. That's all we're trying to do.
MR. PALING-As long as it doesn't effect. permeability, we't-e okay,
but. plastic sure does.
MRS. LABOMBARD-I've got weed mats, they're wonderful.
MR. PALING-All right.. Okay. Tim?
MR. BREWER-I would just suggest that maybe we give this
Grant. or one of t.he fire marshals and let. t.hem look at
captains of the fire company to make sure that this path
for t.hem, just as a thought., maybe let them look at it.
to ~(ir::
1 t., or
is oka'/
MR. PALING-Isn't that automatic?
MR. HARLICKER-Yes, somet.hing like thIS.
MR. THREW-Dave Hatin 1S the one that came up with that road
i3ì"c,und t.heì"ø.
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MR. BREWER-No, that's
companies know what's
there's enough room for
fi ne I;,) L t I"¡
G!oin9 on,.
E:~ \/ e r y" t, t""j .i 1"'ì 9
me. I'd just let the
so they can make sure
to get Braund in there.
fire
t,h.Jt
MR. 08ERMAYER-You'11 be showing the facilities on the drawing,
right? I mean, any piping?
MR. MILLER-Yes. As a matter of fact, the new addition won't
require any additional sewer or water, because there's bathroom
facilities in the first phase which would be used for this, and
an additional service to the rear building will come in along the
back access road to the rear of the existing buildings.
MR PALI~!G-'~!ow, t.llis },8 3
Beautification Committee will
Okay.
(, 0 fll ì n C, ì" cia I ins tall a t ion .
want to chat with you about
The
it.
MR. HARLICKER-They may have some comments regarding covering
everything with chips and mulch.
MR. STARK-What about the delay 1n submission date until Monday?
MR. HARLICKER-If he can get it to us bright and early on Monday
morning, a complete application, we could probably swing it. We
have Staff reviews Monday morning. We're going to need it before
we have that meeting.
MR. OBERMAYER-Is there going to
there going to be any hydrants
I¡.Jar'òè;hous,s: .,
fire protection? I mean, are
on this site, because it is a
MR. MILLER-The original plan showed a fire hydrant, and when the
building was built, it was omitted and the gravel fire road was
placed around the rear of the building at the request of the
building inspector. So we continued that same fire road, and I
think would subject to (lost word).
MR. HARLICKER-That wOllld be something that there probably would,
I don't know where the closest hydrant is, here, but that'll be a
concern. I'm not sure what the separation distance is.
MR. OBERMAYER That's a long ways to that last warehouse.
MR. HARLICKER I want to say 500 feet, but I'm not sure. So you
may have problems with that back building.
MR. THREW-You're supposed to have one every 800 feet.
MR. OBERMAYER-Now,
building, as far as
do ')/ou
t he f'lo~;:;('!
put ,'"- ny
hoo k~;3?
fire
hoo k up:::.:;
()ut~;ide th,:,:
I'm nm[l.,J·'i"~o, it. 's
ManufactlJrin::;¡, it 1~3.
put manufacturing in
not. requ1red, not. for cold storage.
Originally, we thought we were going to
there, but we're not. It's just cold
~::~ t I:) '( ¿3. 9 (:1 ,.
MR. OBERMAYER-What are the buildings going to
co nst r uctE~d of?
MR. THREW-This one right here is steel and concrete. The one
that's going to built is going to steel and concrete floor.
The top part is going to be all metal, metal sheetinG!. This one
righ here is what they call a double T tilt up building, that's
made of concrete. It used to be the Albany Public Market, down
(lost word) reconstruct.ing it.
MR. 08ERMAYER-It's prefab?
1'1R. THRE~,J--Ye:::;.
MR. PALING-So the second one will match the existing building,
-- 45 -
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and then the third one will be of the new design?
MR. THREW-The one we're putting up right now, to add on to the
existing one, is going to be metal, but it's going to be the same
color. You won't know the difference, but it is going to be all
metal. It's going to be a completely new building.
~1R. P(',L n,jG^~o ka)/ .
MR. BREWER-I think
resolution, so when
"'Je sl'''lould get
we go on ~3i te Wf?
a copy
have It.
()f
that..
F'r2V..lOU:::
MR. PALING-Yes, I agree: Now what do we do? Do we need anything
on this, a motion, or no?
MR. BREWER-We've got to grant them an extension, that's all we've
got to do.
MR. HARLICKER-Yes.
MR. PALING-You're aboard with that, grant it until 8:30 am?
MR. HARLICKER-Yes.
MR. PALING-All right.
MOTION THAT THE WILLIAM THREW APPLICATION BE GRANTED A SUBMITTAL
DELAY UNTIL 8:30 A.M. MONDAY, MAY 1ST, 1995, Introduced by Robert
Paling who moved for its adoption, seconded by Roger Ruel:
Duly adopted this 25th day of April, 1995, by the following vote:
AYES: Mrs. LaBombard, Mr. Brewer, Mr. Ruel, Mr. Stark,
Mr. Obermayer, Mr. Paling
HOES: l\j()HE
ABSENT: Mr. MacEwan
MR. MILLER-Are there any other specific concerns, other than the
clean up, that we're going to talk about?
MR. PALING-It's a nice looking site, and the buildings are good
looking, and the only hang up 1 have is the debris, and I'm
willing to be told what is and what isn't, too, but we'll be out
to see you on that.
MR. MILLER-Okay. Thank you very much.
MR. PALING-I have some items here. Let me get the housekeeping
items out of the way first. There are, I think, two members who
would like to change the site visit night, okay. It doesn't mean
anything to me. I'll go along with whatever night anybody wants
to make it, because I don't care, but I think Jim and Cathy
either want Tuesday or Thursday instead of Wednesday. Am I right
or ".,;r ong?
MRS. LABOMBARD-I just said that Wednesday, did I say something to
change it?
MR. PALING-Well we thought you did.
MRS. LABOMBARD-I
because sometimes
Wednesdays, and I
said if you change it, it would be good for
I have faculty meetings with my principal
skipped out on a couple.
m,e,
on
MR. OBERMAYER-The only reason I can't make it Wednesday is my
wife works every Wednesday night.
MR. BREWER-If we're going to change it to a Tuesday or Thursday,
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"-
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I'd prefer it to be Thursday
MRS. LABOMBARD-Okay
MR. STARK--Fine.
MR. OBERMAYER-That's great with me.
MR. PALING-All right.
MR. STARK-But it has to
kno'-J ¿!bout. it.
advertised, though.
::',0 Pam's got to
1'1R P(..,L I I\~c;·, 0 k ,C¡ y "
kOSi:::' me~ ho n(,,~;~ t
F~i g ht?
The new meeting night is now changed to, and
on this, the second Thursday of each month.
MRS LABOMBARD-So it'll be Thurs
¡'1ay 11th.
MR. PALING-The second Thursday,
will notify Threw about that,
a i ()l! nel Ij,; 1 r::, .
i.':!nci
that.
I will
,'Je ' 11
talk t.o Pam, and I
be out to see them
MR. BREWER-Well, wait'll you find out what's on the agenda, so we
know which way we're going to go, though.
MR. PALING-All right. Okay. I'll take caie of it, and then I've
got to notify Threw. All right. That's settled. It's now
Thl)ì":õ:;days, ev.er';lbody's hapP)ilìOI,.,¡. Oka)/. There' i:::~, I t.hink YOI,)
all got an invitation, probably read the paper and the story
about the Mooring Post meeting tomorrow night at 7 p.m., to which
we are all invited. I would love to go, and I can't. I have a
preVlOUS, long standing engagement. Okay. Everybody knows about
that.
i'1R. RI..JEL. ,a COUplE' of «)rnmç:nt:õ:;. Can I,.Je
members and their phone numbers?
a, ll::~;t of the
MR. PALING-You don't have a recent list. I know that.
MR~ RUEL-I've got an old, old O\le~
MR. PALING-I have everybody's phone number but Jim's.
next month, careful, now, we meet May 16th and May
is a change, all right. Now I need to know how many
Colonie on Tuesday night, May 2nd. We will leave
5:45. Who's going? George is going?
Okay.
~?St. h "
[\joIÞJ
Tlì,3t
a,r e goi ng to
from here at
¡V¡R. s, T i~ìr?:<·· "( e,:; .
MR. PALING-Okay. Jim?
MR. OBERMAYER-Yes.
MR. PALING-Jim is going. I'm going. Cathy?
MRS. lABOMBARD-No, but I'd like to know who's going to go to the
workshop on Friday.
~1R. P¡tiL_II",,1G",·Oke,¡';i.
k n()v" .J i rn t'1a r tin
them. We've got
then ~'Je ha\/(:; tl'ìO
We'll get to that. Roger? No. Tim? No.
is corning. All right. I will relay this
four from here that are going. All right.
workshop on May 5th, Friday. Are you going?
I
to
¡"-I 0 !"J
MR. BREWER-I can't.
MRS. LABOMBARD-Yes.
MR. BREWER-It's an all day thing.
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MR. OBERMAYER-I can't afford to take time off.
MR. STARK-Where is it?
t'1P. PtiLING-ACC.
MR. STARK-What time?
MR. PALING-Nine to four.
planning subjects.
It covers quite a few different
MR. BREWER-You have to pick and choose what you're going to.
MR. PALING-Yes. Eight thirty check in, eight forty five the
introductory remarks. At nine a.m., you must choose between
Geographical Information Systems, or Shoreline Development. I'll
bring it up now. I thought tonight's meeting went quite well,
but it doesn't excuse the meetings we've been having in the
recent past, and, to me, it's been a zoo atmosphere. I don't
think anyone would disagree with that. There's been a lot of
things going wrong, and I propose that we get together, we'll
have to do it, probably, in workshop form, and I hope it'll be
us. I hope nobody else, and just have an agenda and just talk
about what's causing us to conduct ourselves, I'm talking in
total, now, in this way, and identify the problems, propose some
solutions, and get on with it.
MR. STARK-Good idea.
MR. PALING-If Craig were here, I'd say lets stay here and do it
tonight, but I hate to do it unless we've got all seven present,
because I think that we've got to have all seven. All right.
How about we select a couple of dates that we could all live
with, and I suggest, they have to be advertised. We've got to do
it legal, and we'll just hold it, like, in the Conference Room.
I could meet next week, in the evening.
MRS. LABOMBARD-Don't you think, next week. we have two workshops
going on, May 2nd, down in Colonie, and May 5th. So, I think
that that week is just about inundated with Town Planning Boards.
MR. PALING-How about May 8th or 9th? Monday, Tuesday?
MR. BREWER-Monday's not good for me.
MR. RUEL-The ninth.
MR. OBERMAYER-That's out for me.
MR. PALING-I want the meeting to take place well before the next,
thf2 tlìiì"C:.
MR. BREWER-I think, Bob, there's no use in having the meeting
unless all of us are here.
MR. PALING-I agree.
MRS. LABOMBARD-How about at 6:00 before the next meeting?
MR. PALING-No. I don't want to pinch the time. I want to have
it open ended time.
MRS. LABOMBARD-All right. Make it May 9th, which is a Tuesday.
MR. OBERMAYER-I can tell you right now, I won't make it May 9th.
MR. PALING-All right. How about May 10th, Wednesday?
MR. BPEWER-He can't. His wife works.
MR. PALING-Okay. Thursday, the 11th.
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-,~ ,
MR HARLICKER-Do it after the site visit.
MR PALING-Why don't we?
MR STARK-That's fine. May 11th after site visits, 6, 6:30.
MR PALING-I wIll check with Craig.
MR. RUEL-And if he can't make it, the whole thing is off.
MR. PALING-All rIght, Thur
y May 11th. How about an alternate?
MR. RUEL-Well, you'll get the alternate from Craig, right, you'll
finlcl out ".Jhen he can make) it" ,3nc! thc)l'¡ )....ou hav,:; to check v.Jlth u~;:;.
MRS. LABOMBARD-Now I have a question back to this Mooring Post
me4ting tomorrow night. Where do we sit?
MR. STARK-In the audience.
MRS. LABOMBARD-All right, and exactly who is running this meeting
a ~t.Jhdt i::::;'?
MR HARLICKER-The Town Board. The
rvi:30r call
the m'2çstin9
MRS. lABOMBARD-Okay.
MR OBERMAYER-Who's going to
attend1ng from here?
MR PALING-I can't be there, regrettably.
MRS. LABOMBARD-Is this going
.1.-. .~,
t,·r,~.1
the only
item on
t..:~ ø
a:genda?
MR. HARLICKER-Yes.
MRS LABOMBARD-So we better here on time.
newspaper incorrectly this morning. I read
se4onds, and I thought the thing was canceled.
I read the whole
it" 1 i ke , i. n t,'.)o
MR OBERMAYER-I'd like to make a couple of comments, and it's
r rding granting approvals and not granting approvals, Ii
f example, tonight, Schermerhorn, and the B.L.L. We did not
gr nt an approval, as noted, from the R1st-Frost comments for
pr liminary approval for Schermerhorn. However, at the end of
t meeting, we approved it, a final approval, for 8.L.L., with
Ri t-Frost comments, and there was about eight for B.L.L.. versus
t twelve or fifteen for Schermerhorn.
MR BREWER-A final approval?
MR OBERMAYER-Yes. Now what's the difference? EIther we go by
o way. or we either stick by one rule or go by the other, and I
dory't have a problem with going along with whatever everybody
decHde~;3, but \,.J(? ì",?all}'" neec! to rna up our rninc! ¡,¡hieh ".Ji,'il tc) ao.
MR BREWER-Two different procedures. One's a site plan and one's
a subdivision, Subdivision preliminarl. if lOU read in the
division Regulations, the requirements of preliminary, is to
all your ducks in a row. get them all done, which isn't a
pr lem, and it doesn't delay the applicant. The applicant knows
t t. The site plan, he can't get a building permit, or, I maybe
I shouldn't say that. He can't open that business until
ythina is complied with, and if it's just details, then it
Cd be done.
PALING-Excuse me just a second, if I might
I think lou'll understand why I'm doing it.
ting, all I 'ill propo~;;ing is 8'f.Jenda items arid
Could we postpone this discussion and have
present, because it 1S a major
just interrupt.,
To me, at the
thi~; is one ()f
th() sam('! thing,
Ü;;s;ue. Is; t.1-'18t
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'-'
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--
ok,a)" with you?
MR. BREWER-It's fine.
MR. PALING-I agree it's got to be addressed, but could we leave
it for that meeting?
r·m. RUEL --Good.
MR. OBERMAYER-That's the only Issue I have.
MR. STARK-Mark, what's the latest with the lawsuit, anything?
MR. SCHACHNER-Zero.
I'm. SHiRK--Okay.
82;¡:::<ecially' t.he
~1('eti ng Place,
,~31.l ()\/(0.)Þ' ~¡ t)())(~?s.
We're so concerned about dumpsters, okay, and
Beaut.ification Commit.tee, you go up past the
and they've got a dumpster out front with garbage
MR. HARLICKER-That's being addressed.
MR. STARK-You're taking care of it.?
~1R. rMRLICKER-"I'm not, but it is bein9 taken eaT,s of.
MR. STARK-Okay. One other thing. Tim remembers thlS too. I'm
sure. The set.t.ling ponds in the back of the Aviation Mall, they
didn't know whether they were going to clean them up or fill them
in, or whatever they were going to do. Well, apparently, they
aren't filling them in, but they were supposed to be cleaned up.
They're not cleaned up. There's still 22 carts in there, and
what about the parking lot back there? What are they doing back
there with that?
1'1R H/,¡RLICf<ER-"I'll find out, or John IIJill find out.
MR. STARK-The parking lot
standing there. They're
l<noIrJ, Tim?
is at one elevation, and they're just
not doing anything on that now. Do you
MR. BREWER-I have no idea what they're doin9.
MR. OBERMAYER-In Aviation, did they put
the bank? Because that bank is erodin9
the storm drainage coming down. I'm
talked about putting that swale along
pr ic?'v'(}\ìt .'1 n,;/ .
that swale on the top
in various spots, you
just curious. They
the top of the bank
of
~:::;F3e
:''''<3C:
I., .~,
t... ~~)
MR. STARK-You are addresslng the dumpster?
MR. HARLICKER-John is. Dave Kenny was in today about it.
MR. STARK-What's he going to do?
MR. HARLICKER-He's going to build a container for it, a building.
I'm not sure where he's going to put it, but he was in today
talking to Dave Hatin, also, about what permits are required to
put a dumpster enclosure up.
MR. PALING-All right. Are there any other questions or comments?
MRS. LABOMBARD-No.
MR. RUEL-All right. I'll make a motion to adjourn.
MR. PALING-Seconded.
On motion meeting was adjourned.
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-./'
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TFLiI,L.Y 3UBt1ITTED,
rt Paling. Chairman
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>,~/