1995-09-26
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QUEENSBURY PLÄN~íNG 'BOÄ~DME~ttNG '
SECOND REGULAR MEETING
SEPTEMBER 26, 1995
INDEX
t'! .1
site Plan No. 42-95
Tax Map No. 110-1-19
Jewel's Donuts, Inc.
L
Subdivision No. 22-1993 Wallace Trust Property
PRELIMINARY STAGE MODIFICATION
Tax Map No. 6-3-17, 18, 32,
15.3
16.
subdivision No. 8-1995
PRELIMINARY STAGE
Tax Map No. 12-3-27
Colgate Phillips Estate
Leigh Beeman
18.
Subdivision No. 11-1995
PRELIMINARY STAGE
Tax Map No. 144-1-40.1
Joséph GroSs
32.
DISCUSSION ITEM
Perry Noun
46.
THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TO BOARD
ii' AND STAFF' REVIS:IONS. ~EV!SIONS WILL APPEAR ON THE"FOLLOWING
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QUEENSBURY PLANNINGBOARPME~TING
SECOND REGULAR MEETING '
SEPTEMBER 26, 1995
7:00 P.M.
'I
MEMBERS PRESENT
ROBERT PALING, CHAIRMAN
CATHERINE LABOMBARD, SECRETARY
TIMOTHY BREWER
CRAIG MACEWAN
GEORGE STARK
JAMES OBERMAYER
MEMBERS ABSENT
ROGER RUEL
CODE COMPLIANCE OFFICER-JOHN GORALSKI
PLANNING BOARD ATTORNEY-MARK SCHACHNER
STENOGRAPHER-MARIA GAGLIARDI
OLD BUSINESS:
SITE PLAN NO. 42-95 TYPE: UNLISTED JEWEL'S DONUTS, INC.
DBA/DUNKIN DONUTS OWNER: SYLVIA ADAM ZONE: HC-1A LOCATION:
86 LOWER DIX AVENUE PROPOSAL IS TO CONSTRUCT A NEW 1,074 SQ. FT.
NEW DUNKIN DONUTS SATELLITE RESTAURANT. ALL LAND USES IN HC
ZONES ARE SUBJECT TO SITE PLAN REVIEW. BEAUTIFICATION COMM.:
8/7/95, 9/11/95 WARREN CO. PLANNING: 8/16/95 TAX MAP NO. 110-
1-19 LOT SIZE: .67 ACRES SECTION: 179-23
ROBERT LINDSELL & RICHARD JONES, REPRESENTING APPLICANT, PRESENT
MRS. LABOMBARD-The public hearing which was on August 22nd, was
tabled, and it's re-scheduled for this evening.
MR. PALING-It'll be continued tonight. Okay. Would you
gentlemen identify yourselves for the record, please.
MR. LINDSELL-Robert Lindsell, Co-owner of Jewel's Donuts, Inc.
MR. JONES-Richard Jones. I'm the architect, representing Jewel's
Donuts.
MR. PALING-Okay. John, I know you've got comments here.
STAFF INPUT
Notes from Staff, Site Plan No. 42-95, Jewel's DonutslDBA Dunkin'
Donuts, Meeting Date: September 26, 1995 "This application was
tabled on August 22, 1995. A review of the minutes of that
meeting indicates that there were two issues, both related to
vehicular traffic, that were of concern to the Board. One issue
was ingress and egress from the site and the other was the
ability of large trucks to maneuver on the site. I contacted
Mark Kennedy of N.Y.S. D.O.T. to have them review and comment on
this project. Mr. Kennedy responded that the project would
require a NYS DOT driveway permit and forwarded a copy of the
only driveway layout that NYS DOT would approve for this site.
The revised plan dated 9/19/95 incorporates this layout into the
proposed site plan. The revised layout provides for a one way
internal circulation pattern and a right turn only egress. Mark
Kennedy indicated to me that in the opinion of NYS DOT this
design should minimize any potential for traffic problems due to
ingress and egress from the site. The second issue, on site
circulation of large trucks, does not appear to have been
addressed. It does not appear that there is sufficient room for
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large trucks to maneuver around the building. The Board must
determine whether or not there is a potential for large trucks to
park on Dix Avenue rather than attempt to negotiate the site.
Finally, the Town has been promoting the planting of street trees
along major arterials. I would recommend that. the 14" spruce
remain and that two deciduous trees of at least 3 1/2" caliper be
planted between the driveways along the property line."
MR. PALING-Okay. Do you know about these comments from Staff?
Had you seen them?
MR. LINDSELL-Yes.
MR. PALING-Okay. Do you have anything else, John?
MR. GORALSKI-There's a review from Rist-Frost.
MR. PALING-Yes. That's what I wanted to call on next. Okay.
MR. GORALSKI-Actually, I do have one other thing. Mr. MacEwan
asked me to look at the McDonald's traffic study. The traffic
study McDonald's did was almost exclusively d~aling with the
intersection of the exitlentrance from McDonald's on Dix Avenue.
The only thing I will say is that it did say that that roadway
was operating at a Level of Service of a B, and that, at least in
the case of McDonald's, the little bit of traffic that McDonald's
would add wasn't going to affect that Level of Service.
MR. BREWER-B being the second best or the second worst?
MR. GORALSKI-Yes, the second best.
MR. PALING-All right. Bill MacNamara, would you like to add your
engineering comments to this?
BILL MACNAMARA
MR. MACNAMARA-Sure. They essentially mimic what John just went
over, but I'll go over our notes that we submitted on the 22nd.
It says we reviewed the revised site plan. Regarding the
driveway access to the highway, we understand the DOT will have
to issue a permit. It says the plan now shows that the DOT
required access layo~t is provided, which is an improvement from
the single access arrangement previously proposed. However, the
overall layout still does not provide room for most trucks to
maneuver the site, likely resulting in truck patrons parking
along the fronting highway. The potential for these added
vehicles parked at or near the Highland Avenue intersection,
coupled with patrons entering and exiting the establishment,
could periodically result in less than desirable traffic flows at
the intersection, and particularly,during peak traffic flows, and
the minor note about noting Seasonal high groundwater level for
the septic system. Those are our only two outstanding notes.
MR. PALING-Okay, and you've seen the letter from Bill MacNamara,
too?
MR. LINDSELL-Yes.
MR. PALING-Okay. I'd
unless anyone on the
moment.
like to turn it over
Board has questions
to the applicants,
or comments at the
MR. BREWER-Yes. I just had
going to have that staked out?
one question. I thought we were
I don't know if I missed them.
MR. LINDSELL -Well, i ni tiall y, afte)- the last meeti ng, we went up
and staked out the one entrance and exit, as they were planned.
MR. BREWER-Just the entrance and exit.
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MR. PALING-We were looking for more than that. I wasn't clear on
it either.
MR. LINDSELL-There were also property line stakes and flags at
that point. Like I mentioned, the original entrance and exit was
staked out, initially, but it's since been changed, due to
suggestions of Mark Kennedy and others. So those changes have
bee n made.
MR. JONES-Basically, it's the exit from the site that still
exists on the corner. The one exit for the property still exists
in the location as we had addressed it originally, and that's on
the, what would be the west side of the property toward Quaker
Road. This is the point for maximum site distance on the
property as well.
MR. MACEWAN-Approximately where is the house located on that,
where would it be on the site?
MR. JONES-The existing house?
MR. MACEWAN-Yes.
MR. JONES-The existing house sits right about in here.
on one of the plans that you have in the set or the
indicated on the existing drawing.
That is
packet as
MR. PALING-But that's going to be removed completely?
MR. JONES-Yes.
MR. LINDSELL-To comment on the truck situation, if I may. I've
been at this at this about 12 years, involved in both stores,
South Glens Falls and the Glens Falls store, and we initially,
when we built the South Glens Falls store in 1986, we did have a
very small amount less than one percent of our business, less a
half a percent of our business came from trucks, large trucks and
things of that nature. Down there they have plenty of room to
enter the property and they chose not to, for various reasons.
If they could park on the side of the road, which they could at
that point, they would. That became a problem for some of the
local people getting in and out of the property with the trucks
parked on the side of the road. We were approached by the
Township about possibly putting up signage along, No Parking, it
was not a problem for us, and we'd be more than willing to, and
are prepared to do that again, whether at our expense or whatever
it takes to get that done. It's not important to us that we
receive that small amount of patronage from the large trucks or
trucks at all. That's not our business to begin with. Also, any
deliveries that will be made to this site will be made from like
Doberts trucks, small box trucKs. We have Thomas Dairy deliver
to us, for eggs, and those will be brought in small vans, also.
Any donuts that we deliver to the site will be in a small van.
We won't have a tractor trailer delivery at that site for various
reasons. One, we won't anticipate the need due to the business
that we anticipate doing. So there won't be a need for that. I
just can't stress that point enough. I understand that it's a
concern for the Board, and for the people of the area it's,
obviously, a concern, but I feel that it's one that doesn't
really apply. As strange as that may seem, it doesn't really
apply to our business, and I don't anticipate it really applying
here.
MR. PALING-You're talking about the trucks that might pullover
to the side of the road and get out and go in. How would you
place your, you'd put No Parking signs along the street. Do you
have the permission of the owners, or how would that work, to put
that kind of sign? That would be off your property.
MR. LINDSELL-Well, I'm not sure where we'd stand on that
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particular issue, whether it would have to be a DOT issue or
decision or whatever. Like I said, I don't know who handles
that.
MR. JONES-I'm not sure if it would be the Town or the State, or a
combination.
MR. BREWER-It would be the State. It's a State road.
MR. LINDSELL-Well, whatever it takes. It could be put on our
property and still be useful, or whatever it takes. We'd be
willing to d6 whatever it took to ensure that there was no
parking along the front of the property, and as far as
prohibiting them from coming in or whatever other concerns there
might be, like I said, from a business standpoint, from a dollar
standpoint, for us personally, that's not really an issue. If
were to, just like the left turn out of the property. We don't
care if our customers can turn left. The majority of our
customers will be coming into our property, leaving and heading
in the same direction which they originally came from.
MR. PALING-But you do have entrance allowed from, into the one,
you can come in from the west into the driveway, and you can come
in there from the east both?
MR. JONES-No. The one on the west is strictly an exit.
MR. PALING-I'm sorry. On the eastern driveway, you can come in
from both directions.
MR. LINDSELL-Yes. You can make either a right or left turn into
that.
MR. PALING-That's such a busy corner.
see. The left hand turn, that, to
problem, the way the traffic is there.
The right hand turn, I can
me, would be a kind of a
MR. JONES-It could potentially be a problem during the busy
mor ni ng hours.
MR. PALING-Or evening.
MR. JONES-Or evening.
MR. PALING-The last time we were there it was about 5:30 in the
evening, and I'm no traffic expert, but it seemed tough. They
were coming at a pretty good rate of speed. We drove back and
forth across the street and walked back and forth across the
street, and it was.
MR. LINDSELL-Right. Two things I'd like to say. One we do
almost very little almost no business during those particular
hours. From about noon on it drops off. I'm not even sure what
our hours will be.
MR. PALING~You're more of a morning business?
MR. LINDSELL-Yes. Between six and noon are our peak hours.
Another thing that I think would be worth mentioning is that once
that area is opened up, I think that whole intersection will be
much easier to negotiate. It will be more visible from both
directions.
MR. MACEWAN-Aren't, historically, these restaurants open 24 hours
a day?
MR. LINDSELL-Yes. It's not necessarily, I don't anticipate this
be{ng a 24 hour store. As a matter of fact, it won't be a 24
hour establishment.
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MR. JONES-This is basically a satellite Dunkin Donuts. It's not
a full fledged Dunkin Donuts. I'm not sure if you're aware of
that.
MR. MACEWAN-What's the difference?
MR. LINDSELL-Well, there's no on site production, limited hours.
I'm not sure if I'll be opening at five in the morning or six in
the morning, depending on what's going on. When there was a
Hudson Falls satellite, it was opened by someone else, I think
they closed at six p.m., seven p.m., something like that. I'm
not sure what the hours are. It won't be 24 hours. I've had
enough of that.
MR. MACEWAN-So you never really see this, in the future, as being
a stand alone store where you'd do your own baking on premises?
MR. LINDSELL-No. The building wouldn't support it. The building
that we have planned wouldn't support a kitchen.
MR. JONES-The traffic comparisons that were put in part of the
application indicate roughly 16 hours of operation for the store.
MR. LINDSELL-At a max.
MR. OBERMAYER-Per day.
MR. LINDSELL-Per day, and that's the high side.
MR. OBERMAYER-That's six in the morning until ten at night.
That's pretty long hours.
MR. LINDSELL-Like I said we're used to 24 hours establishments.
Who knows if it'll be, a lot of these satellites are closing at
two in the afternoon, depending on the location.
MR. OBERMAYER-If someone is heading east, as George just
mentioned, heading east, and they turn into the donut shop, and
they want to continue east, what are they going to have to do?
They're going to have to go out, make a right hand turn, go west.
MR. JONES-To the light, turn around at McDonald's.
MR. OBERMAYER-To the light, make a left on Route 254, go down to
Highland, make another left, like that.
MR. PALING-Yes, left and come over.
MR. BREWER-Or what's probably going to happen is, like
they're going to go to McDonald's or Kings, turn around
back out that way, or that, or they'll try to cut
Highland. Who knows what they'll do.
he said,
and come
across to
MR. LINDSELL-Knowing what I do about our particular business, we
do have about six good hours in there, and we have what Dunkin
likes to say are some of the laziest customers in the world, and
what they mean by that is they'll do very little to patronize our
place that, you know, if it calls for them to do a lot of
driving, a lot of this, a lot of that, they probably won't become
our customer, and that's a chance that we're willing to take from
a business standpoint. When we look for a site, what we do is we
look, one, for first traffic numbers. The next thing we look for
is what side of the street, we call it the morning side. This is
the morning side that we're on, and the important fact of that
is, like we mentioned, they come in, do what they need to do, and
they're heading in the same direction. Very few people, at
either one of our stores, South Glens Falls a little more than
Glens Falls, will cross traffic to get to us, because they're
just on the wrong side of the road, the wrong time of the day
when the traffic changes. They're just not willing to become our
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customer at that point. Most of our customers will come into our
property, do what they need to do, and leave heading in the same
di rection.
MR. OBERMAYER-Do you have that analysis, on how many cars are
going east and how many are going west at that location, at the
various times of the day?
MR. LINDSELL-Yes. We have DOT traffic counts that were provided
to us. What they are and where they are, I really don't know.
The other thing is that this'll be a low volume store. I can
tell you that, and we'll do less than one half of the percent of
the existing traffic that's there. We will add no traffic.
We're not a destination. We're not McDonald's. We work off the
existing traffic. We don't generate any new traffic. That's
another thing that's worth knowing about. I think it's important
to say that we'd be more than willing to do anything that it
would take to alleviate some of these concerns, no parking for
trucks. We think we've made an effort to prove that by imposing
demands on our customer by no left turns out of the property.
MR. OBERMAYER-The only problem with the no parking for trucks is
that you'le really putting the responsibility on the State to
monitor. If you put a sign up there on the road, it's up to the
police to keep an eye on it. You're cy¿~ting ~ problem for
someone else to take care of. That's the issue that L have with
it.
MR. LINDSELL-I don't know what it'll look like when it's a
finished project. I can't visualize it as far as where the road
would stand. At this point, there are no shoulders (lost words),
and I don't anticipate anyone, any driver being that foolish. I
just can't see that happening, someone stopping his truck in the
middle of the road.
MR. OBERMAYER-At six in the mor ni ng they do.
MR. BREWER-What did you say about Warren County, Bob?
MR. PALING-They turned it down.
MR. BREWER-Did they give us a reason? John, do you know that?
MR. LINDSELL-Some of the concerns that they had were pedestrian
traffic, which we didn't understand. There are virtually no
pedestrians at that site. We didn't understand that concern.
There are no sidewalks. We spent quite a bit of time there, and
we saw little to no foot traffic at all. So we didn't understand
that concer n .
MR. MACEWAN-Well, probably the line of thinking, and I can't
speak for them, but considering the way that corner down there is
starting to be built up, they're probably concerned with future
potential pedestrian traffic, the possibility of a convenient
store going in across the street. So they're probably thinking
about people going across the road. ~ concern that I have with
it, even though you aren't adding traffic to an already very busy
road, what you're ultimately doing is potentially creating a very
significant traffic hazard right at that already difficult
intersection. The fact that you have traffic that's able to
ingress/égreSs out of that has my concerns, and I really don't
know of a way, and I'm open to suggestions, a way that we can try
to alleviate that. I think it's sitting on a bad corner.
MR. LINDSELL-I understand what you're saying. I mentioned that I
personally feel, or it's my feeling alone that once these site
lines open up, or once the property opens up, the site lines will
be much more reasonable. There shouldn't be any difficulties
with site lines. DOT out of Albany had mentioned that, per these
plans~ that there shouldn't be any real concerns, this working
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off the experts comments.
MR. PALING-All right.
Board at the moment?
Any other questions or comments from the
MR. GORALSKI-I can read the Warren County finding if you'd like?
MR. PALING-Yes, please.
MR. GORALSKI-"Disapproved This application was denied due to the
creation of the increased potential for traffic haza,-ds in that
area." That's all it says.
MR. MACEWAN-It didn't say anything about pedestrians?
MR. GORALSKI-No. That's all it says.
MR. PALING-Any other comments or questions on the Boa,-d for the
moment? Now, I'd like to go to the public hearing, unless you
would like to make further comment before we do? All right. Why
don't we, the public hearing on this was tabled. So the public
hearing is opened, or re-opened. However we put it. Is there
anyone here that would like to talk about this matter?
PUBLIC HEARING OPEN
NATALIE POWERS
MRS. POWERS-I'm Natalie Powers. I live at Highland Avenue.
Since the last meeting, I've noticed several tractor trailers
stopped on both sides of Dix Avenue, going into McDonald's, for
the drivers to go in for lunch or whatever. One night there was
one tractor trailer, it was aluminum box. The sun was shining
and reflecting off of it. There were five cars on Dix Avenue.
The first in line to turn into McDonald's and the rest were
stopped waiting to continue west on Dix Avenue. They couldn't
get through because the tractor trailer was on the side of the
road. Also, before Mrs. Bruce, when they had the garage sale,
many cars parked on Dix Avenue, just to the east of Bruce's
Drive, or in my brother's yard, right next to Bruce's driveway.
Some cars parked on the other side of Dix Avenue, right in front
of the garden, which is a traffic hazard. So I think they would
also stop for Dunkin Donuts, if they'd stop for a garage sale.
Today, I was going out, about three o'clock, a woman came up the
road with a three year old, and she came inside the post, walked
through our yard, said when she goes to McDonald's or K-Mart,
she's afraid to walk in the road because of the traffic. So, she
always cuts through a yard, and there is a lot of foot traffic
and bicycle traffic with K-Mart and McDonald's. There's a lot of
traffic going up Dix Avenue, all times of day and night, but I
don't think it's a place for, like I said before, any stop and go
traffic.
MR. OBERMAYER-I know it's even difficult to pullout of Dix
Avenue even on a straight run. It's very difficult to get out of
on Dix Avenue.
MRS. POWERS-I mentioned to somebody, the sign at Stewarts in
Hudson Falls, where it says no left turn, and a man said to me, I
always make a left turn there. The only problem is if I have an
accident, it's my fault. Up on Aviation Road, it's Burger King.
It says no left hand turns. Three quarters of the people make a
left hand turn to get back to the Northway. So I don't think a
sign saying one way traffic is going to make any difference at
all to the people.
MR. PALING-When they stick themselves out there, they're asking
for it, yes.
MRS. POWERS-Well, that's right, but they shouldn't make it so
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that they can. Just like the stop sign at Highland Avenue.
Ninety percent of the people do not stop fòr that stop sign, and
if somebody pulls out of Dunkin Donuts expecting the cars to
stop, like I did one day, the,"e's going to be many mo'"e accidents
there. I pulled across one day thinking the car was going to
stop and instead he was looking up Dix Avenue to see if there was
any other traffic coming, and when he looked back, I was right in
front of him. So, I don't think it's a place for Dunkin Donuts.
Really. I'd like to see it in the neighborhood. I'd like to see
it right over in that "V", but I guess it can't go there, because
I don't think that particular spot's the place for it, because of
safety reasons mostly.
MR. PALING-Okay. Thank you. Is there anyone else?
PAT JAMESON
MRS. JAMESON-I'm Pat Jameson. First let me say that, as far as
no pedestrians at that corner, I have a seventy-seven year old
brother that goes across the street to the barn four to six times
a day. So there's one. Lots of people walk up to McDonald's.
So there is pedestrian traffic there. My next thing, the State
said only right turns. Now would right turn include into
Highland Avenue?
MR. GORALSKI-No.
MRS. JAMESON-You say no, but, just like the no right turns, they
would do that, if they want to go to Hudson Falls.
MR. PALING-Would they end up doing that. They could.
MRS. JAMESON-They would cut across. So that's a problem, I would
think. They said maybe there's a chance they could buy a little
additional land. I wondered what the prospect is.
MR. PALING-That was brought
anything come of it, although
when they come back.
up, but I don't
the applicant's can
think there's
address that
MRS. JAMESON-I don't think, I've talked to people on both sides
who are not going to sell, and where else could they go? Another
thing is, when McDonald's went in, they required them to plant 13
three inch diameter trees, because they want greenery there. If
this plan goes through as it's laid out on the map, they plan to
cut down all 38 trees on the property. Everyone. Some of the
trees, I think it's questionable who owns them, but, you know,
(lost words) they'll cut 38?
MR. PALING-That is a question we will have to address, but we
haven't come to that point yet.
MRS. JAMESON-And among those 38 trees there's a hedgerow that was
planted to hide the barn yard next door, and if I had a
restaurant, I wouldn't cut the trees down to expose the barn
yard. I don't think, because there are animals in the barn yard,
and I would think if they cut the other trees, at least they
would leave those. I question that they own all of them, and why
they would expose the barn yard to a restaurant, I don't
understand, and I guess that's all the questions I have.
MR. PALING-Okay. Thank you. Is there anyone else?
PUBLIC HEARING CLOSED
MR. PALING-Now, would you care to comment on any of the questions
that have been raised and anything else you'd like to say, before
we internalize here, I think, in a little bit?
MR. LINDSELL-The only thing I'd like to comment on is we, like
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we'd mentioned, we'd be willing to do whatever it took to get
this project to go for a lot of reasons. We've looked at the
possibility of buying some adjacent land to us. They won't
subdivide and they won't sell to us. That's something we've
considered.
MR. PALING-Don't you have, isn't there a tree problem, either the
property line goes down the middle of the trees or?
MR. LINDSELL-That's been resolved. I have a contract here with
the people that own the other half of the tree, and the adjacent
property, and we have a signed contract that they will be more
than willing to let us remove the tree at our expense.
MR. PALING-Now )"OU're talking the west side, now?
MR. LINDSELL-The west side, yes.
MR. PALING-Okay, and that's the critical one.
MR. LINDSELL-Yes.
MR. PALING-And you've got a free ticket to remove trees on that
road?
MR. LINDSELL-Yes. I have a signed contract right here.
MR. PALING-Okay, and then plantings would have to be to replace
this kind of thing, to make it.
MR. LINDSELL-Definitely. Where she talked about the hedgerow
protecting the barn from visibility, and what not. Anything that
we can will be left, especially if it doesn't belong to us. We
have no intention of touching other people's property. We did
plant, the Beautification, anything that will be removed, we have
somewhere around 200 plants, trees and shrubs that we're going to
be adding to the site itself. So; in no way will we be
destroying.
MR. JONES-The actual hedgerow that she was talking, or referring
to is indicated on what would be the right hand side of plan, and
the trees with the white indication are the existing trees which
are remaining. That hedegrow is not being removed, and you can
see on the west side as well the hedgerow there is also being
maintained, and we're also supplementing the hedgerow on that
side as well, toward the front side of the property, on both
sides.
MR. PALING-Do you have any other comments?
MR. LINDSELL-No. The only thing that runs through my mind is
this is zoned Highway Commercial One, and if we don't fit in
there, and the small number of cars and traffic that we generate,
my question is, what does fit in there, and if we don't, then I
wonder why it's still not zoned Residential.
MR. PALING-If you don't fit in, there's not too many that can fit
in there, that into that at all, and that's a shame.
MR. MACEWAN-That's a question that's often asked of this Board,
and I guess my response would be that, not all land is
developable. There's a lot of residentially zoned land in the
Town of Queensbury that, for whatever reason, isn't suitable to
accommodate a home on. There's certainly probably a .lot of land
in the Town of Queensbury that's zoned Commercial or Light
Industrial, that isn't suitable, for whatever reasons, to
accommodate that sort of business on it.
MR. SCHACHNER-Bob, I think the Board should be careful not to get
too philosophical in the abstract. I think what we have to do is
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~,
deal with the application before us and not really
hypothetical or abstract issues about what could be
property.
deal with
put on the
MR. PALING-Okay. We need a SEQRA on this, don't we, Unlisted?
MRS. LABOMBARD-Unlisted.
MR. PALING-Short Form or Long Form?
MR. GORALSKI-The Short Form was submitted, in that it's an
Unlisted Action.
MR. PALING-Okay, and we can go right from there.
MR. BREWER-I'd like to go rather slow,if we could.
MR. OBERMAYER-Yes. We're going to do the Environmental
Assessment now, Short Form. "C. Could Action Result in Any
adverse effects associated with the following: Existing air
quality, surface or groundwater quality or quantity, noise
levels, existing traffic patterns, solid waste production or
disposal, potential for erosion, drainage, or flooding problems?"
MRS. LABOMBARD-Yes.
MR. BREWER-Yes.
MRS. LABOMBARD-Existing traffic patterns.
MR. STARK-Small to moderate on the
mitigated.
groundwater.
Can be
MR. OBERMAYER-It says "Explain briefly."
traffic patterns.
So I would just say,
MR. STAR~(-O kay .
MR. PALING-Yes.
MR. OBERMAYER-"C2. Aesthetic, agricultural, archeological,
historic or other natural or cultural resources, or community or
neighborhood character?"
MRS. LABOMBARD-What about neighborhood character?
MR. PALING-Within the zoning.
MRS. LABOMBARD-Within the zoning, no. We're okay.
MR. OBERMAYER-"C7. Other impacts", other than traffic patterns?
MR. PALING-Traffic patterns.
are?
Does that cover what our concerns
MR. OBERMAYER-Pedestrian.
MR. PALING-I think that's one of the concerns that's been voiced,
at least. We've got traffic patterns, pedestrian traffic. Well,
I don't know. We've talked about traffic patterns, we're adding
in pedestrian traffic.
MR. OBERMAYER-Now we have to go back to Cl.
MR. PALING-Cl. and C7.
MR. GORALSKI-What did you say for C7.?
MR. PALING-Pedestrian traffic.
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MR. GORALSKI-Okay.
'--'
....'
MR. OBERMAYER-Why don' we do C7. first.
mitigated if you.
C7. could probably be
MR. PALING-Okay. The
walking to get to diff
the way up. How exten
comment, or comments.
concern has been expressed about people
rent businesses in the area, children all
ive it is, I don't know, but that's the
MR. OBERMAYER-How can that be addressed, directly related to this
project?
MR. PALING-That takes a sidewalk or something to be done.
MR. OBERMAYER-Put a si ewalk in front of your property?
MR. LINDSELL-That wo ld solve the problem in front of ~
property, but the problem would still exist.
MR. PALING-It would exist all around it. It would be a minor,
just doing it to their property wouldn't mean a thing, because
their property would b as accessible on the front.
MR. STARK-I'm not worried about pedestrian traffic.
MR. PALING-It's not th t I'm not worried, but I don't think that
Dunkin Donuts can sol e the pedestrian problem in that total
intersection. I think that's the problem.
MR. OBERMAYER-Nor are
adding to it.
MR. PALING-That's righ , not really.
MR. BREWER-So you wan to eliminate that, is that what you're
say i ng?
MR. PALING-I'd be com ortable with eliminating C7., now that you
think about it, and just go back to Cl., if everyone's in
agreement with that? kayo Back to Cl.
MR. OBERMAYER-Well,
intersections?
MR. BREWER-I don't
can.
do you plan on taking care of the
there's really any way that they
MR. JONES-The average daily vehicles passing that site is in
excess of 13,000. e're talking about 256 vehicles a day
entering our site, whi h is like one or two percent of the total.
MR. BREWER-It's not
traffic. What it is
getting back into traf
MR. MACEWAN-It's a dis
MR. BREWER-Exactly. I
going to cause a major
likely to do, whether
going to try to go
flowing, and they're
we're going to creat
describe it.
MR. OBERMAYER-Creating
to me it's not a major draw to
is a major complication for people
of the traffic flow.
's not necessarily that your customers are
traffic jam. It's what your customers are
hey're going to turn left, whether they're
o Highland, coupled with traffic still
rying to maneuver through that, I think
havoc, and that's the only way I can
issue.
MR. LINDSELL-That's w I felt that it was really important, and
I can't stress the fa t enough, that our customer, being on the
morning side of the ro d, is into our property, off our property
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and heading in the same direction, and I don't think I can prove
that, stress that point en'ough. Our customers coming in, leaving
and heading in the same direction he came from.
MR. BREWER-What you're saying is, and this is just hypothetical,
I'm not trying to pick at you, but what you're saying is, if I
work, we tìave a store in Hudson Falls, and if I was going to my
store in Hudson Falls, and I saw a Dunkin Donuts, and I know how
your coffee is, I want a cup of coffee and a donut, I'm going to
pull into your store, come back out, go down to Dix Avenue, take
a left, come back up Highland and back down to Dix? I don't
think so.
MR. LINDSELL-Now, what I'm saying is that they're headed west.
The majority of OUT customers are coming from the east and headed
west.
MR. BREWER-When McDonald's did their numbers, did they have any
east and west counts?
MR. OBERMAYER-Yes, I think they did.
MRS. LABOMBARD-Well, the thing is, you're saying the majority.
That could be 60 percent. The other 40 is still a significant
amount. I mean, we can't just say that most of the people are
going to pull in because they're heading toward the Glens Falls
area.
MR. LINDSELL-No, I realize that.
MRS. LABOMBARD-And that's the problem.
MR. OBERMAYER-A lot of people go that way, though.
the real biè difference, because I've been traveling
many years. It seems like a lot of the traffic is
town going over to Hudson Falls.
I don't see
that way for
also leaving
MR. BREWER-Yes. I mean, you've got whatever jobs are still over
there.
MR. OBERMAYER-You've got Scott.
got GE.
You've got Sandy Hill.
You've
MR. BREWER-Exactly.
,
MRS. LABOMBARD-And look at all the teachers from the Glens
Falls/Queensbury area that go to Hartford, Hudson Falls,
Granville. There's hundreds of them. I mean, I realize that
there's a great amount of traffic going west, butth~re still is
a major amount of traffic going the other direction, and one of
the things that you have to keep in mind is that we're not here
to be a nitpickihg type of Board. We're here tq really safeguard
against the safety of the citizens in this area, and that's a
real major concern of ours at this time.
MR. PALING-I think what I would suggest we do is go for one round
of comments from anybody that just wants to comment, including
the applicants, and then go to a motion on this.
MR. BREWER-I'd like to wait and see if John can find the numbers,
first.
MR. OBERMAYER-We have to vote on the SEORA, first.
MR. GORALSKI-I'm sure it's in here. I just have to find it.
MR. PALING-Well, we're up to the point where we can vote on the
SEQRA.
MRS. LABOMBARD-Can I make a comment, regarding the SEORA? Where
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we're concerned about pedestrian and vehicular traffic, well, and
that can be mitigated y, for example, saying that the traffic
has to be diverted wh n it comes out in one direction, put in
signs that it's not sup osed to go the opposite way. Well, again
those are visible ways that you can say, this is what we want,
but hearing the two w men that came up here, that are right
there, that live there, and knowing human nature, you could put
in all the laws you nt, but that doesn't guarantee that the
people are going to ey them, and this is such a precarious
intersection.
MR. LINDSELL-One, I un rstand, and (lost words) responsible for
people, I understand yo r concerns. I do believe that once the
property is open, it will give that corner a different look, a
different driveability, and things of that nature.
MR. BREWER-John, I think's, got the numbers.
MR. GORALSKI-Well,
Sunoco driveway on
8=30 a.m, you have
traveling west.
I've got here, what I have is in
Dix Avenue, for example, from
259 vehicles going east, and
front of the
7:30 a.m. to
you have 376
MR. BREWER-Sixty, forty.
MR. OBERMAYER-It's pre ty close, yes.
MR. BREWER-I think we
the next thing to do is call for a
MRS. LABOMBARD-That's 1 ss than 60/40. That's more like two to
three. That's like 65 35.
MR. PALING-All right.
second on the SEQRA.
complete the SEQRA, first.
MR. SCHACHNER-Has ther been a motion on the SEQRA? You'll need
a motion before you call for the second.
MR. PALING-A motion on the SEQRA.
MR. SCHACHNER-Correct.
MR. PALING-Okay. Then,
I don't think we need t
new or different? I ha
anything to it? Okay.
the SEQRA.
are there any other comments that anyone,
repeat ourselves, but is there anything
e nothing new to add. Do you wish to add
Then I think we'll call for a motion on
MR. OBERMAYER-I guess I never really finished the end of the
SEQRA.
MR. PALING-All right.
finished it. We've ha
We're hung up on
discussion on Cl.
Cl.,
but we
haven't
MR. BREWER-It says on the SEQRA instructions, "Check this box if
you have identified 0 or more potentially large or significant
adverse impacts which may occur, then proceed directly to the
Full EAF andlor prepare a Positive Declaration.
MR. MACEWAN-Did we c e to a conclusion that those adverse
impacts could be mitigated?
MR. BREWER-No.
MR. MACEWAN-We need to come to that conclusion first before we
put it up for adoption gain.
MR. BREWER-I stated my opinion. I don't think so. I honestly
can't believe that, if the Dunkin Donuts business were more to
the west, no problem, ut I think on that particular location,
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we're opening a can of worms that's going to be a nightmare.
That's my opinion.
MR. PALING-Okay. We're wandering a little bit here. I think
we've got to complete the SEORA, and we've gQt to then find out
if we think the situation can be mitigated. Am I looking at this
,-ight?
MR. BREWER-Yes.
MR. PALING-Should we not complete the SEORA first?
MR. SCHACHNER-Yes.
MR. PALING-All right. Lets do that. Jim.
MR. OBERMAYER-And I waive the rest of the reading.
MR. GORALSKI-You're up to Part III of the SEORA.
MR. SCHACHNER-Correct, and that's the part where somebody has to
eit,her make a motion, basically~ the motion that has to be made
is really either the top box or the second box, which is either
go to a Full EAF.
MR. SCHACHNER-Or an Environmental Impact Statement, or a Negative
Declaration. Those are you options in motions.
MR. PALING-All right. Does everyone understand what a negative
declaration would mean?
MR. STARK-That's what they normally are.
MR. PALING-Yes, if
mitigat¡ofl~ , ( Çathy,
di~cussed' in'¿1.?
it's approved.
do you thin~
Okay.
~e can
Lets talk about
mit~gate what we
-¡
MRS. LABOMBARD-I think it can be mitigated on paper, but I don't
think in actuality it can be.
MR. PALING-Okay. Tim?
MR. BREWER-No.
MR. PALING-Jim?
MR. OBERMAYER-I don't feel the applicant could mitigate the
safety issue with putting the Dunkin Donuts at that intersection.
MR. PALING-Okay. George?
MR. STARK-No.
MR. PALING-Okay. Craig?
MR. MACEWAN-I don't think the plan as it is now can demonstrate
that can be mitigated, no.
MR. PALING-I don't think it can be mitigated unless you look at
the whole inter~ection, either. So we~re pretty well saying that
it's not going to go, that the Environmental Assessment Form
won't pi3SS.
MR. BREWER-So we can go from here to a Full EAF and have them, we
can do that, and have them come up with the Mitigation.
MR. GORALSKI-If you feel that a Full EAF is going to provide you
with the information you need to make a determination, then you
can do that.
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MR. PALING-Well, if we think it won't, what do we do?
MR. GORALSKI-Then you w uld have to do a Positive Declaration.
MR. PALING-All right. Then there would be a motion to have a
Positive Declaration on this application.
MR. SCHACHNER-If that's what you feel is appropriate. That would
mean, a Positive Declar tion means you're requiring the applicant
to prepare an Environmental Impact Statement.
MR. STARK-I think, to s
false hope, even with
mitigated, the traffic
motion, it would be d
matter that much.
ve the applicant any money, or
the EAF, I don't see how
problem, and I think if we
feated, and I don't think an
give them
it can be
went to a
EAF would
MR. OBERMAYER-Yes. with George on that.
MR. PALING-Does anyone iffer from that opinion?
MR. BREWER-Well, I agree with that opinion, but now we're at a
point where we have to 0 something. We have to either tell him
that he has to do an EAF, and hopefully he'll withdraw, but we
can't just leave this in limbo.
MR. PALING-But the EAF isn't going to accomplish anything.
MR. BREWER-Then we've got to give it a Positive Dec.
MR. OBERMAYER-Right. That's what we've got to do.
MR. PALING-All right. If everyone is understanding what we're
doing, I'll entertain a motion.
,
MOTION TO DECLARE A POSITIVE DEC ON THE SEQRA FOR SITE PL N NO.
42-95 JEWEL'S DONUTS INC., Introduced by George Stark who moved
for its adoption, secon ed by Timothy Brewer:
Duly adopted this 26th day of September, 1995, by the following
vote:
AYES: Mr. MacEwan, Mr. Stark, Mr. Obermayer, Mrs. LaBombard,
Mr. Brewer, Mr. Paling
NOES: NONE
ABSENT: Mr. Ruel
MR. PALING-I feel real sorry that what has happened, has
happened, because we rarely turn an applicant down. We find a
way, we negotiate, we modify, and get it done, but the Board has
visited this applicati n, or the site as much as we've visited
any site, and I think we're sincere, and we're together in our
feeling about it, and w 're sorry you're turned down, and we hope
to see you bac k .
MR. BREWER-Bob, we didn't turn them down.
MR. SCHACHNER-The
ation has not been denied.
MR. PALING-We are
process of doing that.
MR. SCHACHNER-All you'v done is stated that, for the purpOSeS of
the State Environmental Quality Review Act, this applicant needs
to provide an Environmental Impact Statement. No more. No less.
MR. PALING-Okay.
MR. MACEWAN-He
very well
could come
back with a
full
. - 15 -
Environmental Impact Statement that'll certainly
Board and his plans,. We don't know that. We're
right now that our concerns are this.
satisfy this
just saying
MR. PALING-If it can be done, that's even better.
MR. BREWER-So it's in the hands of the applicant, now, Mark?
MR. SCHACHNER-Yes, basically.
prepare an Environmental Impact
proceed.
It's up to the applicant to
Statement, should they choose to
MR. BREWER-No time frame?
MR. SCHACHNER-There are time frames, but they're, initially, at
least, within control of the applicant.
MR. BREWER-Okay.
MR. PALING-Okay. Good luck.
another.
I hope we see you back, one way or
MR. BREWER-And, could I make one suggestion,
applicant does want to proceed, could he get a
minutes so that he has ~omething to go by?
John, if the
copy of these
MR. GORALSKI-Absolutely. Mark was just ,-eminding me, I have a
lot of paperwork, now, that I have to file with DEC and everyone
else.
MR. BREWER-Thank you.
SUBDIVISION NO. 22-1993 PRELIMINARY STAGE TYPE II MODIFICATION
WALLACE TRUST PROPERTY OWNER: MICHAEL CANTANUCCI (CONTRACT
VENDEE) ZONE: WR-1A LOCATION: ASSEMBLY PT. RD. APPLICANT IS
PROPOSING TO MODIFY LOT LINES BETWE'EN LOTS 6-3-32 AND 6-3-33,
CREATED BY SUBDIVISION APPROVAL 22-1993 AND TO COMBINE THE
RESULTING LOT 6-3-32 WITH PARCELS 6-3-18, 6-3-17, AND PORTION OF
6-3-15.3. SECTION A 183-13 F REQUIRES ÞLANNING BOARD APPROVAL
FOR ANY MODIFICATION TO AN APPROVED SUBDIVISION. CROSS
REFERENCE: AV 63-1995 TAX MAP NO. 6-3-17, 18, 32, 15.3
SECTION: SUBDIV. REGS A183-13 F
DENNIS MACELROY, REPRESENTING APPLICANT, PRESENT
MR. MACEWAN-Bob, I have a
modification of an existing
Preliminary Stage?
question foi you. Is this, the
subdivision, or is this a new one at
MR. GORALSKI-This is a modification of an existing subdivision.
MR. MACEWAN-Okay. So it's wrong on the agenda?
MR. GORALSKI-Yes. The agenda was written incorrectly.
MR. MACEWAN-I remember this one, that's why I was asking.
MR. GORALSKI-I have a copy of that original subdivision map.
MR. MACEWAN-This is the one that had a couple of little camps on
it at one time, and it had a storage shed or something like that
on it?
MR. GORALSKI-That's correct. Yes.
MR. PALING-Okay. John?
STAFF INPUT
Notes from Staff, Subdivision No. 22-1993 Modification, Wallace
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Trust Property/M. Cant nucci, Meeting Date: September 26, 1995
"The proposal before t e Board at this time is to modify the
existing subdivision by eliminating the lot line between the two
shorefront camps, en ing the right-of-way at the westerly
property line, and modi ying the lot line between the Wallace lot
and the Young lot. The Zoning Board of Appeals granted a
variance for having two principal dwellings on less than 2 acres.
They also granted a variance to construct a new building 50' from
the shoreline. Both 'ariances were approved on the condition
that the applicant rec ive site plan approval from the Planning
Board. A site plan will be submitted if this modification is
approved. The Board hould include a statement regarding the
previous SECRA determin tion in any motion."
MR. GORALSKI-What I'm
site plan review now.
cha nges .
aying here is you're not approving the
11 you're approving are the property line
MR. PALING-Right, and the motion will cover that, too.
MR. GORALSKI-It should.
MR. PALING-Okay.
SECRA?
Say again about Item Number Two, about the
MR. GORALSKI-You shoul include in your motion a statement as to
whether or not this modification would change the SECRA
determination that we m de on the original subdivision approval.
MR. PALING-Okay. All right.
this one?
Bill MacNamara has no comments on
MR. GORALSKI-Not at
time.
MR. PALING-Okay. We' have, the Zo~ing ~o~~d of Appe~ls ,has
approved the variances I n this. 'I have that l7,ere. So 'we;re,okay
there. Any questions f anyone ,on the Board? Okay.
MR. PALING-Would you w nt to comment on John's còmment regarding
SECRA, possible changes to that?
your original determination on this
MR. Mf¡\CELROY-:My n,ame' s D,ennis M,ac~l roy, I ; m from the
Environ~ent~l Design rntership, representíhb the applica?t and
owner.
MR. MACELROY-Regardin
previous subdivision?
MR. PALING-Right.
MR. MACELROY-I don't
made at that time.
any awareness of what comments were
MR. GORALSKI-At this pint, I don't see that this modification
would change the previ us SECRA determination. Just as a matter
of record, you should m ke mention of that in your motion.
MR. OBERMAYER-The same hing we did last week.
MR. PALING-Right.
MR. SCHACHNER-And with
advice, in order to
proposed modification
site plan, one of the
indicate that there
impacts warranting re-o
generic advice for any
any other modification. This is general
omply with SECRA. Whenever there's a
f a previously approved subdivision or
components of your motion should be to
re no new and different environmental
ening of the SECRA review. It's just
odification.
MR. PALING-All right.
ny other discussion? Okay.
We can call
- 17 -
..
then, in this case, there is no public hearing, and the SEORA is
done. The motion can cover it. Yes, we'll call for a motion.
MOTION TO APPROVE SUBDIVISION ~O. 22-1993 MODIFICATION. WALLACE
TRUST PROPERTY, Introducéd by George Stark who moved for its
adoption, seconded by Craig MacEwan:
With the stipulation that this modification will not result in
any different environmental impacts requiring re-opening of the
SEQRA review. That this is for the subdivision only.
Duly adopted this 26th day of September, 1995, by the following
vote:
AYES: Mr. Stark, Mr. Obermayer, Mrs. LaBombard, Mr. Brewer,
Mr. MacEwan, Mr. Paling
NOES: NONE
ABSENT: Mr. Ruel
SUBDIVISION NO. 8-1995 PRELIMINARY STAGE TYPE I COLGATE
PHILLIPS ESTATEILEIGH BEEMAN OWNER: SAME AS ABOVE ZONE: WR-
lA, C.E.A. APA LOCATION: HILLMAN RD.lCLEVERDALE RD. APPLICANT
PROPOSES TO SUBDIVIDE Ä 12.68 ACRE LOT INTO 4 ONE ACRE LOTS AND
ONE 8.57 ACRE LOT WITH R~SIDENCE TO BE RETAINED BY OWNER. TAX
MAP NO. 12-j-27 LOT SIZE: 12.68 ACRES SECTION: SUBDIVISION
REGULATIONS
JOHN CAFFREY, REPRESENTING APPLICANT, PRESENT
MR. PALING-Okay. John, your comments, please.
STAFF INPUT
Notes from, Staff, subdivision No. 8-1995 Preliminary Stage,
Colgate Phitlips Estate/Leigh Beeman, Meeting Date: September
26, 1995 '"Although no new roadways are being proposed the
envi1'onmelìtal conditions make this a difficult site to develop.
The stormwater report submitted by thè applicant does not appear
to address the specific post development conditions on each lot.
The creation of the new lots, in and of itself, does not create
environmental impac~s. It is the development of these lots which
will cause the environmentál impacts. It does not appear that
the Board has enough information to determine that the
development of these lots will not have a significant
environmental impact. It is my recommendation that the Board
take one of two courses of action. Either make a positive
declaration and require an Environmental Impact statement, or
require each lot to receive a site plan review prior to issuance
of'a building permit."
MR. GORALSKI-There are engineering comments.
MR. STARK-John, if it is subdivided, and a lot is sold, they have
to come for site plan review anyway, because they're in a CEA,
¿Hen't they:
MR. GORALSKI~No, that's not correct. You would only come for a
site plan review in a CEA if you were expanding a nonconforming
structure. If you were building a new structure, you wouldn't
need a site plan review.
MR. PALING-Except we can make it part of the motion, if we get to
that point.
MR. GORALSKI-That would be my recommendation.
MR. OBERMAYER-Although the only thing with that is that we're not
really evalüating the site as a total review. We're doing it on
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'-....
""",-,'
an individual basis.
impact.
So you're not really getting the full
MR. BREWER-I understan exactly what you're saying. Rather than
doing the whoIe thing, we're Just segmenting it.
MR. OBERMAYER-Right.
MR. BREWER-A portion here, a portion there, a portion there.
MR. PALING-For the future, you mean?
MR. BREWER-Yes, if we do a site plan per lot.
MR. PALING-Yes, per lot.
MR. BREWER-Rather than get the required, or what information we
want on the whole thing.
MR. OBERMAYER-Right, the whole thing. I guess, though, we have
to do a SEORA anyway.
MR. PALING-Ye::;;.
MR. SCHACHNER-You ¡',ave to, de somethi ng SEORA' w~,::;;e.
MR. OBERMAYER-Okåy. $0 then wê'd þe eVàluatingthe wh.ole site
anywiy, for SEORA, the whole impact of the subdivision.
MR. PALING-Okay. I think we ought to hear from Bill MacNamara,
now, would be appropriate.
MR. MACNAMARA-Well, briefly, these comments, in total, are sort
of what John summarize in brief, and I'll be brief as well, to
summarize these comments. The applicant's engineer, Tom jar-r'ett,
and myself, have already gone over most of these, and are in
various stages of progr ss on them, if you will. To confirm what
John indicated, according to the available data and resources,
site conditions pose difficulties in managing stormwater out in
these lots. High clay subsoils, high groundwater, p6~sibly to
grade at times, varying slopes on adjoining properties, as well
as the properties bein developed, in proximity to Lake George,
as well as on-site mounded septic disposal for each new lot, as
well as the adjoining lots add complexity to typical stormwater
practices here. More pecifically, in terms of the report and
the site plans, we not d there wasn't any construction related
sedimentation, erosion control measures which are pretty
important, considering the site conditions and location, and Tom
has indicated that somehow somebody would add that information to
the drawings. Additiori lly, it appears from the grades that were
supplied, that there i some roadway drainage at the edge of the
pavement, and it's not clear how the driveways are going to be
managed, whether there' going to be culverts or whether there's
going to be some type f a passover swale or something of that
nature. Additionally, some of the specific calculations that
were provided didn't ollow Queensbury's subdivision standards
and regulations in ter s of design standards, and whether it's
done as a whole or wh ther it's done site specific, those are
certainly things that om and I can work out, assuming that it
got to that level. Re arding the types of stormwater management
that could be used h re, essentially all of them could be
impacted by the high groundwater table, of which it's been
indicated could be to g ade, in other words, right essentially to
the ground at times, and usually there's a two foot minimum
required for most infi tration devices, and without some type of
additional information hat wasn't provided, it looks difficulty
that that'll be able to be maintained, or even uptained, I should
say, and lastly, if here's any kind of retention, and even
though these are small lots, if there were retention basin or
retention systems use, there needs to be some type of an
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overflow point, and because of the grade, strictly heading down
to an adjoining neighbor's property, it would certainly be
important that the additional information regarding overflow
points if you will, in other words, if there wa$ a much heavier
rain storm than designed for or something malfunctioned, if you
would, even though they're going to be pretty straightforward
infiltration devices, they just need to show how they're going
to, basically, redirect their overflow so they don't,
essentially, put it . to the neighbor, if you will. So, in
general, to summarize, the recommended techniques that have been
suggested certainly appear apPTopriate. However, additional
details of where and how they're going to be used are needed for
us to really recommend approval, at this time, of what was
submitted. This is a tough area, to be honest with you, in terms
of trying to manage stormwater as it was suggested. I'm not
saying it can't be done. All I'm saying is that what we had to
look at doesn't really indicate that it's good as is, if you
will.
MR. PALING-Okay. Would you identify yourselves, please.
MR. CAFFREY-I'm John Caffrey, the applicant's attorney. With me
is Mrs. Beeman, the applicant, and 10m Jarrett, the engineer who
p1"epared our stormwate·r report, and I'll let Tom address most of
these more technical questions, but our feeling is, and as I
understand from talking to Tom, that the engineers feel that,
overall, the stormwater can be managed. What's lacking, at this
point, is the details to show, on a lot by lot basis, exactly how
that would be done. Our feeling is that we think that that could
appropriately be left up to the individual lot purchaser to
design that at that time, because we dòn't know, for instance,
where they're going to want their house to sit on the lot, how
big a house. We can sit here and design stormwater devices for
them, but they may come in with a bigger house, a smaller house,
so long as thè engineers agree that the basic concepts will be
manageable, then we would have no objection to a condition of
approval that each individual homeowner would come in for site
plan review, or maybe it could be delegated to the Staff without
having to come to this Board, but one or the other, that the
individual lot by lot design-work be done at the time when they
want to build the houses, and I think that would satisfy one of
John Goralski's two choices that he gave you, that site plan
review for each lot would satisfy the Staff concerns and the
engineering concerns, and .if you didn't feel that was
appropriate, I think we'd rather try and continue to work that
out before any SEQRA determination was made and an Environmental
Impact statement was required, when it's something that could
probably just be done with some additional design-work, but we'd
really rather leave it up to the individual homeowners, because
they're going to know how they want they're house to look, what
they want their lot to look like, if fill's going to be required
for some of this. That really should be left up to them, rather
t.han us deciding it for them.
MR. PALING-Yes. I have a question. Now, Bill, can your list be
divided such that it can match with what he's saying about
leaving part for the individual lot owner to do, and maybe some
of that is taken care of before then. Can your list be
separated?
MR. MACNAMARA-Separated in term$ of?
MR. PALING-What the individual lot,Qwner will have to do, or what
the owner of the total package will have to do, or does it all
apply to the individual lot owner?
MR. MACNAMARA-The way that it was initially approached was each
lot would have it's own specific stormwater management on its own
lot.
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MR. PALING-All of the items you mentioned could be covered lot by
lot?
MR. MACEWAN-They'd have to be addressed lot by lot, if that's the
tact we're taking. I'm not saying that they could all, 100
percent by us generally say, yes, each lot could handle its own
stormwater right now. That's the data that essentially needs to
be fleshed out, in terms of using Queensbury's design standards
for one, and Number Two is essentially, even if it's
hypothetical, somebody's got to pick a location for some device
or some system and show that you can meet, for instance,
separation from the mounded septic systems out back. Don't
forget, septic mounds are high, and infiltration devices are low.
So if they're too close, you certainly don't want to have the
cross connection, if you will.
MR. PALING-So there's nothing you'd require of the lot oWner, the
total package owner, subdivision owner. It will be done on an
individual lot basis, if we go that route. There's nothing to be
done to the total package if we go the individual lot route.
MR. MACEWAN-Maybe another way to
done a subdivision of this size
individual lot owners to come
management plan? I don't recall.
ask that question, have we ever
where we've left it up to the
up with their own stormwater
That's why I'm asking.
MR. GORALSKI-I can give you my recollection, okay, is that,
typically, the stormwater management plan that's submitted with
the subdivision addresses the stormwater that's created by
building a new road an regrading associated with that road, and
that the stormwater for the individual lots is not, in general,
included, okay. On typical subdivision, we don't usually
require a drywell for every house. All right. This is an
unusual case, in that there are envi~onmental conditions above
and beyond the fact that they're not building any new roads.
There a,-e environmental conditions created by actually developing
each individual lot that could cause significant impacts if
they're not handled correctly.
MR. MACNAMARA-To give one final example of what I think you were
getting at earlier, in terms of waiting and doing each one lot by
lot, I'm not saying that can't be done, but a hypothetical
condition of where that might cause a problem is if, lets say one
of the middle two lots gets purchased first. They do their
business on it, and th y put their septic system, for instance,
on the uphill side 0 their lot, if you will. Well, that
automatically means the guy uphill, if he buys that lot, has got
to stay away from, whether it's 50 foot or 100 foot, depending on
which regulation you mi ht want to go to. So he can't use that
part of it. So in term of piecemeal, there is a chance that it
might pose some increas d complexity down the road.
MR. OBERMAYER-The first guy in has the best system.
MR. MACNAMARA-Possibly.
I
MR. PALING-But that's he way that we're probably going to go,
anyway.
MR. GORALSKI-One e options is to have the applicant go
locate a specific size house with a specific driveway design on
each individual lot, s owing location and design of the septic
system, location and d sign of the stormwater management system
for each individual lot. Then if someone comes in for a building
permit, and it varies from what was shown on the subdivision
plat, they're going to have to come back for a modification of
the subdivision. Othe-wise, they could just go ahead and get a
building permit.
MRS. LABOMBARD-Tom has already done a great hydrology report on
- 21 -
Page 21, here, where he hypothetically assumes we'll have a 2,000
square foot house, how much clearing for the septic system, how
many square feet for the driveway, etc., and he goes through all
the calculations as to how many cubic feet per second of
stormwater.
MR. GORALSKI-Right. What that does is that sizes the stormwater
management ~ystem. It doesn't give you a location.
MRS. LABOMBARD-It doesn't put it exactly, you're right, but what
I'm saying is, I see where you're coming from. He could do that
by giving a specific location for a dwelling.
MR. GORALSKI-Right.
MR. MACNAMARA-Cathy, to add one thing to that, in all honesty, I
6an't áctually offer to you ,our support, because they aren't
used, basically, Number One, using Queen~bury's design standards,
which is kind of a, you just go to the book and pull the numbers
out. $0 that was an easy one. All I'm telling you is I can't
confirm the number~ that are there are actually really
appropriate for the site because, Number One, the Queensbury
Design Standards weren't used, Subdivision Design Standards.
That's what we review the project by, Number One, and Number Two
is because of the high groundwater conditions, that even some of
the usual Queensbury related runoff coefficients, if you will,
might not be totally appropriate for these lots.
MRS. LABOMBARD-Okay. Now what about in the report where he has
seven items of suggestion in the conclusion? Have we gotten that
far yet?
MR. MACNAMARA-We have. Those
of the concepts appear very
actually make them work on the
developed, everybody~s happy.
are all, I indicated earlier, all
appropriate. The trick is to
site, so that if all four lots get
MRS. LABOMBARD-Right.
MR. BREWER-Why don't we have them do a typical 1800 square foot
house on each lot, design the system, and then come back with the
details? That's the minimum size in his deed restrictions.
MR. SCHACHNER-Or whatever size house they want.
MR. GORALSKI-You might want to do, you're giving a minimum in the
deed restrictions, someone wants to come in and build a larger
house, you know, the applicant can choose what size they want to
address, but you want to address the ~ize that's going to be
typical, so that every time someone comes in and builds a new
house, they don't have to come in and modify the subdivision.
MR. BREWER-We could say a minimum of 18, and suggest some number,
and see if that's okay with the applicant.
MR. STARK-I would be happy just to go ahead and then require a
SEQRA, or Environmental Impact Statement, for each individual
lot, you know, a site plan review for each individual lot. They
already agreed to that. I don't think, why should they have to
come back? They've been fooling around with this, now, since
last Mayor June.
MR. CAFFREY-I'd like to let Mr. Jarrett respond to some of these
technical issues.
MR. PALING-Yes. Okay.
rOM JARRETT
MR. JARRETT-The reason that the analysis included a generlc site
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as a developed site is exactly as John has stated, because no new
infrastructure is proposed for this subdivision. It now is
strictly a paper subdivision, no roads, no new facilities are
planned at this time. Therefore, it's very difficult to predict
exactly what homeowners are going to construct on these lots. In
fact, John Caffrey has indicated that there's a potential to sell
two lots at once to one buyer, and it's very difficult to predict
what a buyer of that nature will do to a lot. What I've
attempted to do is model the stormwater, first existing
conditions, as they stand right now, and then in a developed
state without any stormwater controls. You can see from my
report. I conclude that there would be an incYease in
stormwater runoff, both rate and volume. Then I attempted to
apply some generic standards and generic details for stormwater
management. No, I id not locate them specifically on the
drawing, for exactly the reason that was stated. It's very
difficult to predict w at a homeowner is going to do, but from my
generic details, I concluded that stormwater management on these
lots is possible. My conclusions, as has been raised, suggest,
it really tightens the loop considerably, and I do suggest here,
and in a subsequent letter to Bill MacNamara, that each of the
lots be subject to scrutiny as they're designed and developed. I
think it's very important on this site to see that. I believe
that the conditions hat Bill has raised can be mitigated
relatively easily. e has raised an issue regarding design
standards, and I can discuss that with him further, I don't
believe the Queensbury Standards are applicable in this case. If
he demands that I work by those ståndards, I'll be glad to do
that. I don't think it's as good a design as what I've prepared
in this report, but I'll be glad to do that.
MR. MACEWAN-I'd like s me clarification on that. Are you saying,
suggesting that the d signs and the models that you're using are
better than the Queens ury Standards?
more comprehensive, in that
a runoff coefficient of .35,
the
as a
MR. JARRETT-Not bett r, but
Queensbury standard calls for
blanket statement.
MR. MACNAMARA-No, it says, a minimum of .35 shall be used. It
doesn't say it has to be .35.
MR. JARRETT-I stand corrected. In a site where there's no
infrastructure propose and no road proposed, I feel that it is
too liberal, as it were, too restrictive, and I've shown in my
report some runoff coefficients that are more appropriate, I can
certainly demonstrate.
MR. MACEWAN-But if th Town Standards are set there to use by
developers to use as guideline to doing your subdivisions, why
would you want to devi te from something like that?
MR. JARRETT-Well, for two reasons. One, I feel it's more
appropriate for the site, and, secondly, the importance of the
stormwater modeling is the before and the after conditions. As
long as I'm consisten in the before and the after, it really
draws the same conclusions, in my mind. Now, again, I will defer
to Bill on this, but put forth the report that I thought was
appropriate.
MR. OBERMAYER-Isn't part of the problem, though, Tom, looking at
each individual develo ment, that you're really restricting the
property owners to, you know, a certain amount of clearing?
You're making those as umptions into your calculations, a certain
amount of square foot ge for your driveway, for your lawn, okay.
Aren't you really restricting them?
MR. JARRETT-I don't believe ~, in a sense, restricting them. I
think the stormwater conditions on that site are restricting
them. Your concerns are being addressed in these
- 23 -
recommendations, and I believe it's going to openly restrict
development of these sites, but I am not restricting them myself.
I've made some recommendations. For example, that land clearing
be minimized. I think that certainly enhances the chances for
managing stormwater in an effective way. I've also recommended
that no new stormwater be allowed onto Hillman Road. I've also
recommended that no increase in runoff be allowed for each
individual lot, both rate and volume, and I've recommended that
only uncontaminated stormwater, for example from lawns, this type
of thing, as opposed to driveways and sidewalks, be allowed to
leave the site. I think these things will go a long way toward
mitigating stormwater impacts.
MR. PALING-How would you regulate the, if these lots were sold
individually, and each person picked their own house and their
own layout, it's going to maybe end up penalizing maybe a lot of
two or three later on. How would you regulate that?
MR. JARRETT-That's a concern, and has been a concern for a number
of years, when you're dealing with septic systems and individual
water supply, wells. The same kind of setback problems exist.
One way to deal with that situation is for each individual lot
owner, as he comes in, to not only take into consideration the
development that has pre-existed him, that's already there, but
to look at the adjoining lots and how he may impact that lot.
MR. PALING-And you'd control that, try to control it, because you
may end up with nonbuildable lots, but that wouldn't be our
concern. That could end up that way. We don't appear to be in a
situation to really vote on anything tonight, as I understand it.
We've got to hear more. More differences have got to be
resolved. Am I understanding this correct?
MR. STARK-Bob, why would you say that?
MR. PALING-Well, I don't think the model, there's a dispute as to
the criteria used in the model, as to whether they're the right
ones.
MR. STARK-I think the one he uses was more stringent.
MR. GORALSKI-I think you have a couple of issues.
MR. MACNAMARA-Forget about the Queensbury Standard. I'll be
honest with you, I could never buy some of the runoff
coefficients that he's proposing for this particular site,
because they assume conditions where there are not high levels of
groundwater. He's basically saying 90 percent of the runoff that
falls for a design storm is going to percolate into the ground.
I'm sorry. I have to disagree with that. It's high groundwater,
and it's clay, and it's at a decent slope on upper two lots. I
can't buy that 90 percent.
MR. MACEWAN-Well, we already know that from some of the comments
that we had during the public hearing portion of this.
MR. OBERMAYER-That's right. People had problems with the water
running down the road, right?
MR. GORALSKI-Excuse me. You have technical engineering issues
that you have to address, then you have the issue of whether or
not, I guess the w,ay I'm hear i ng it now, you really have a couple
of options. One is to Pos Dec this. One is to Negative Dec it,
based on having site plan reviews for individual lots. The third
option that's come up tonight is to require the applicant to give
you a typical lot layout for each one of these lots, showing the
location and size of the house, location and size of the septic
system, location and size of stormwater managemeht facilities,
all those things. If that's the way you're going to go, in order
for them to address those things, obviously, the engineers are
- 24 -
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~
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going to have to come to some type of agreement on the formulas
used.
MR. STARK-Bob, I don't agree with that, totally. That might be
one of the options, but how can you say, you know, maybe somebody
wants to go up and buy three of the lots, and then put one house
on there that's 2,000 quare feet. I think we ought to take it
as an individual basi. If somebody wants to buy a lot, they
have to come back for a site plan review, period.
MR. BREWER-That's ~r opinion.
everybody's opinion.
I think we should
get
MR. OBERMAYER-I'll give mz opinion. I think because of the
critical area that it's in, it should be looked at as a whole, as
one project. The SEORA should be done as altogether.
MR. BREWER-I agree with Jim. I think it should be looked at as
one project, and I thi k we should get those details, and the two
engineers should work and come up with some kind of information
from us. We're not en ineers, all of us aren't, anyway.
MR. PALING-I could go either way on it. The thing, and maybe I
haven't heard everything, but I think there's some unresolved
details beyond just the choice as to whether we go it as a total,
or as individual lots. Am I wrong or right on that?
MR. GORALSKI-Well, I think you're right. Either way, the
engineers have to resolve their difference of opinion. I guess
what I'm saying is, I think you should give the applicant some
direction as to how you would like to proceed with this. If
you're going to require an individual site plan review for each
lot, that really doesn't have to be ironed out until they come in
for their individual site plan review. If, on the other hand,
you want to see a layout of each lot now, to make sure that each
lot is going to be able to fit everything on it, then that's
something they would have to work out prior to your approval.
MR. PALING-Well, I'd like to see it left open, so they're not
limited to exactly where the septic is and the building and all,
but couldn't we wait until the engineering issues are resolved,
then decide that?
MR. SCHACHNER-I think the answer is yes, Bob, but I think first
you have to decide how ou're going to go about doing this. Is
it going to be through a full Environmental Impact Statement, or
is it going to be thro gh just gathering additional information.
My own personal feelfng is, the applicant's representative, I
think, indicated that heir preference would be, if this Board
was willing to, to n t enact a SEORA positive declaration,
requiring an Environmental Impact Statement, but to have the
ability to gather additional engineering information. Now that's
up to the Board and the applicant, but one way to do, or one
relatively easy way to do that, I should say, would be to have
the applicant do a hypo hetical design, on a lot by lot basis. I
think that would sat·sfy Jim and Tim's concerns, that were
looking at the overall SEORA evaluation on the overall project,
and that would still s ve the applicant the time, trouble and
expense of having to pr pare an Environmental Impact Statement.
MR. PALING-But then the
basis when it came to?
would go, still, to the individual lot
MR. SCHACHNER-Well, wh
approve it, would be a
systems, water supply,
several minutes ago, 0
owner came in with an
approved, they would no
would be entitled to
t would be approved now, if in fact you
hypothetical plan showing houses, septic
etc., and I think, as John mentioned
the lot by lot applications, if a lot
pplication that was essentially what was
need further site plan approval. They
building permit. If a particular lot
- 25 -
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>.,'i!f"<
owner wanted to do something different than what was previously
approved, they're not shut out of the opportunity. They just
would need modification of the site plan approval.
MR. BREWER-The only reason I say to do it that way, is if they go
and gather this information, maybe it has to be a three lot
subdivision, maybe not. At least we know the answer to that
question.
MR. OBERMAYER-I agree with Tim.
MR. SCHACHNER-The thing that we'll avoid, also, is that way the
Board and the applicant and potential buyers will know ahead of
time, if we're talking about X number of buildable lots, or Y
number of buildable lots, and that's a very legitimate Board
concern, and I'm sure that's an applicant concern as well, but I
think the applicant volunteered that they would rather develop
more information on those lines than have a SEQRA determination
tonight.
MR. OBERMAYER-Right.
MR. PALING-And we could go ahead with the public hearing.
MR. SCHACHNER-Absolutely.
MR. PALING-And then we could, after further discussion, just
table it, and then do the SEQRA at.
MR. SCHACHNER-When you have the additional information.
MR. PALING-Okay. Is that everybody?
MR. MACEWAN-I would ask that you leave the hearing open, too.
MR. PALING-Yes. The hearing will be left open. Do you have any
comments for the moment? All right. At this point, we'll open
the public hearing on this application. Does anyone care to
speak about it?
PUBLIC HEARING OPENED
ART BUCKLEY
MR. BUCKLEY-My name's Art Buckley. I was here before, at the
original hearing, and the problem is far from being resolved, I
can tell you. I read through this statement, the engineering
report and so on, and though I'm not an engineer, I can tell you
quite clearly, this gentleman is in error. Now, I lived through
this for a good number of years. We lost one camp up there, the
original four bedroom camp we had there, because of flooding. We
didn't have a basement in it. Of course, all mud and stuff
washed under the building, and it just rotted away because we
weren't able to move it, and four years ago, we were flooded out
again. This time I had nearly three feet of water in a basement
39 by 40. I lost a 32 cubic foot upright freezer, three electric
motors, one was an antique, quite valuable, electric tools. It
cost me a lot of money, none of it covered by insurance. My oil
burner. I lost that. So, naturally, I am very concerned about
this, and we're talking about water management coming down off
the hill. ,Now, next door neighbor, Mr. Temkins, has a septic
system across the road. It's a mound about 100 feet long. It
must be six feet high, and it must be at least 15 feet at the
base. Behind that is a spring. A year ago last spring, there
was a pool of water 100 feet wide and 18 inches deep backed up
behind that mound. Now on the south side of that mound, there
was a small drain, put in by the original owner. It was directed
directly into a catch basin. Now that catch basin delivers water
over onto m.z property. From there across the road now, over onto
Takundewide's property, then it comes directly west onto my next
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door neighbor's proper y, Mr. and Mrs. Locke. It is therefore
directed into Lake Geor e, which is where it comes out, is into
my swimming area. Tha drain is just the other side of my lot,
and all that, we're th recipient of all that water that comes
down off the mountain, n the east side of Cleverdale Road, onto
this property, and I have seen water coming down there you
wouldn't believe. My neighbor, Bill Gazeley, who lives on
Hillman Road, put in a catch basin. I've seen, a 1,000 gallon
catch basin. I've seen the water back up into his basement. Now
he put that in to take the water out of his basement, because he
had water problems. The water has backed up into his basement.
That's how much water comes down off that hill. When we get a
couple of days of rain, or if we have snow, and then you get rain
on top of that, which happens around here occasionally, and as
far as water management is concerned, it's a horror. We had
people up there a couple of weeks ago. They were appalled at the
way that water, we'll say misted, if you will.
MR. PALING-Okay. Are you asking that anything specific be done,
or just that they don't add to the problem?
MR. BUCKLEY-I would like
Statement.
to have an Environmental Impact
MR. PALING-That I can understand. Yes.
MR. BUCKLEY-Because it's a hell of a problem, and you can ask
your Highway Superintendent. I called him out of the sack at two
o'clock one morning t come up and pump me out. That following
morning, he was up th re putting a 12 inch drain pipe across the
road, with another ca ch basin. In fact, I think I called him
twice.
MR. PALING-Okay.
MR. MACEWAN-Did that help alleviate the problem?
MR. BUCKLEY-It helped alleviate the problem, but it doesn't stop
the water from going irto the lake on my property, which is all
contaminated. When yo get a flood up there. The water backs up
against Temkins' septic system, mound, Wisconsin Mound, I guess
they call it, and it flows off southward into the catch b;3sin.
That catch basin goes across the road into my property, and it
goes back across the road to another catch basin, and then
laterally along Hillm n Road to another catch basin, directly
west of the catch basin on Locke's property. The there's a ten
inch main, a culvert rrain, whatever it is, that goes right down
there at the edge into the water right here.
MR. PALING-All right. I think
earlier, and we're probably
asking, I believe.
you heard what we talked
heading in the direction
about
you're
MR. BUCKLEY-I'm convinced that an Environmental Impact Statement
is the way to go.
MR. PALING-Okay. Thank you.
MR. OBERMAYER-John, wa n't the Town of Queensbury evaluating some
of these Critical Environmental Areas?
MR. GORALSKI-There is Stormwater Management Committee, that is
working on the stormwater management around the Lake George area.
Nothing has come out of that Committee, not at this point.
MR. PALING-Is there aryone else who would care to speak? Okay.
We're going to leave the public hearing open, for the next
meeting that we have on this subject, and if the applicant is
willing, then the motin will be tabled, if it's okay with you.
- 27 -
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MR. CAFFREY-Yes. We would consent that it be table, with hopes
t.hat the engineers can come to an agreement on this thing.
MR. BREWER-How are we going to go, Bob? Before we table it, lets
give them a direction to go in.
MR. SCHACHNER-Yes. I think if you're going t.o require the
additional information, you should tell the applicant that. If
you're not, you should tell them that.
MR. PALING-Why don't you make that part of the motion, that that
be.
MR. BREWER-Well, I think we have to agree on what we're going to
do, before we.
MR. PALING-Okay. I thought we generally did agree that.
MR. BREWER-Jim and I are the only t~o that agreed. Cathy and
yourself and.
MR. PALING-No. I said I thought it was a good idea.
MR. BREWER-A good idea t.o do what?
MR. PALING-To do the overall, with t.he individual lot layout.
MR. BREWER-You agree they should show each individual?
MR. PALING-Yes. I think it's a good idea.
MR. BREWER-Okay. ,Craig and Cathy didn't give us.
MR. PALING-All right. Craig, do you want to say?
MR. MACEWAN-t think it needs some more, I'd like to see the two
engineers get together on their stormwater management plans. I'd
like to see, I guess a model showing the ultimate buildout of the
subdivision. I mean, yes, it's true someone that someone could
come in and buy three lots, or someone could come in and split up
and buy two lots each, but I think what we really have to look at
the maximum buildout at four lots.
MR. PALING-Isn't that what would come out of Tim's suggestion?
MR. MACEWAN-Yes.
MR. PALING-Okay. So we've got those two points.
MR. OBERMAYER-But not only how it impacts those individual lots,
but how is that going to impact that general area? Because
really that's also what. we're looking at, not only the individual
lots.
MR. BREWER-But if it's contained in the lots, Jim, then why does
he have any impact on the other area?
MR. SCHACHNER-I think that's what the applicant would propose to
demonstrat.e.
MR. OBERMAYER-If you contain it to the area, then that's a
di fferent stO)-Y.
MR. CAFFREY-That's our intention, and that's what Mr. Jarrett's
report states, that he believes it can be contained on each
individual lot, without impacting this gentleman or anybody else.
Now, he and Mr. MacNamara disagree about some of the details, but
that's where we're heading to, is that. What I would hope is
that we not be required to design each and every single site, at
t.his point, because we don't know what people are going to do,
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but if, whether it's a
Mr. Jarrett then agree
board, that may be suf
design each and every
believe that'll work.
model for one lot that Mr. MacNamara and
haws that it's going to work across the
icient, and we shouldn't have to micro
ne of them right, so long as that, they
MR. PALING-I believe th t's the way we are headed.
MR. BREWER-It's ~ inte
show that, in other wo
Number Two in, and it
can't be built on? So
tion to get
ds, suppose
impacts Lot
hat good is
a model for all four lots, to
he gets Long Number One, Lot
Three and Four so that they
the model lot for one lot?
MR. CAFFREY-If yoU can
appropriate separation
are pretty much uniform
you put everything in.
do a model that shows you Cqn maintain
distances. I think the soil conditions
across it. It's just a question of, can
MR. BREWER-Is it that much more work, Bill, to show on four,
versus just doing the one?
MR. MACNAMARA-Well, ass ming that every lot can handle its own
stormwater on its parti ular lot, and meet separation distances,
no, it's not any more, because you do one times four, you've done
all four, but there is the possibility that when we do agree on
some numbers to be used, that it might not all fit on one lot,
using separation distances, and there may be something like using
a property line for two different lot's water. Do you see what
I'm saying? So you may have to have two different lots going
into, say, the middle, and having a big basin between two
people's houses.
MR. MACEWAN-That's what I~d like to know, whether we're going to
end up having that happen or not.
MRS. LABOMBARD-Another suggestion would be to approach it like
yOU were the developer, like you were, you know, the contractor
that was going to go i So you, when your customers came to you
to put thei)- house up, you would say, this is really the proposed
place where, this is the hypothetical design where the house
should go, given the typical lot layout, showing the location,
the size of the house, the septic, the stormwater management,
etc., and, therefore, hen that person comes in, like John said
earlier, to us, with his plans, hopefully, it will be pretty
conforming to what you and the engineers have developed.
MR. CAFFREY-So, basically, a set of parameters that they can try
and fit into.
MRS. LABOMBARD-Exactly. Yes, but I think that yoU probably, you
have to do one for the, four lots, because one lot's design can
impact another, because of the topography there. I mean, that
really has to be don, and you may find that, like we said
earlier, maybe each lot should be one and a third acres. I hope
not, but that possibly could happen.
MR. PALING-Well, yes. I thought we were headed in that
direction. and that, urther, we were going to layout the four
lots completely, and then when the buyers came in, if one lot
changed, it would effect the next lot to it, and it would have to
be considered at that time.
MR. BREWER-For modific tion.
MR. PALING-Yes.
MR. BREWER-Yes, modificatión. Then when we did the SEQRA, we
could do it all as one. We wouldn't have to do. We could do one
SEQRA rather than four mini SEQRA's, so to speak. I would rather
do it as one and let hem show us a model for all the lots, so
- 29 -
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that they can be developed.
MR. OBERMAYER-I agree, fully developed.
MR. PALING-Okay.
MR. STARK-Bob, they come in and do a SEQRA on the whole thing,
but then if they come in for a Site Plan Review, as part of our
motion, they still have to do a SEQRA at that time anyway.
MR. OBERMAYER-No, they wouldn't.
MR. BREWER-No, they wouldn't.
MR. SCHACHNER-Probably not, not if you consider the entire
project, buildout of the four residential lots. I think the only
tbing that would have to happen would be when, first of all, keep
in mind that they wouldn't necessarily need site plan approval if
they stuck with, if the ultimate lot developer stuck within what
you just called the parameters that are approved now. So right
off the bat, there's not going to be site plan approval,
necessarily, on each lot. There could be, only if there's a
modification sought. If there's a modification sought, then what
you'd be doing is exactly what we were talking about doing last
application, and other applications, is that you would look at
the environmental impact and say, these are no different than
what we originally evaluated when we did the subdivision and,
therefore, no further SEQRA review is required, or if there was
some dramatic modification that did cause different environmental
impacts, then you would do a revision of the SECRA review.
MR. OBERMAYER-Right. Okay.
MR. PALING-Yes.
whole thing.
Okay, and we're working from models in this
MR. BREWER-Right.
MR. ÞALING-Okay.
MR. CAFFREY-So what you're saying is,
design everybody's house for them if we
and show that it'll fit, say house of
drive maximum certain size, stormwater
and C. We don't have to show exactly on
going to fit?
we don't have to micro
set out some parameters
a maximum certain size,
can be handled by A, 8,
the lot where all that's
MR. BREWER-Just show that they will fit.
MR. OBERMAYER-You're going to have
and you're going to have to have
nature.
to show that they will fit,
certain separations of that
MR. GORALSKI-I think, and Bill, you can chime in here if I'm
wrong. I think, in order to show that you can, as you said, get
four lots as opposed to three, because of the separation
distances, I think you're going to have to show an individual
design for each lot.
MR. MACNAMARA-Even if it's a hypothetical, to assume the four
lots can be built upon, then there's going to be fouy different
stormwater generation points, if you will.
MR. BREWER-And we can use your deed restrictions as a minimum
size house, what do you want to say, 2,000 square feet, 1,800, as
on here? Whatever you want to say.
MR. OBERMAYER-That's up to the applicant.
MR. GORALSKI-Right, and if something came in that was larger than
- 30 -
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'--
.--.
that, then it would be ' modification.
MR. OBERMAYER-Right.
MR. BREWER-Exactly.
restrictions.
So we would have to go by your deed
MR. CAFFREY-That's a minimum size, though.
MR. BREWER-Right.
MR. CAFFREY-We may choose to come back here that, assume a 3,000
square foot house.
MR. BREWER-Then you would have to come back for a modification.
MR. CAFFREY-We may come back to you in a month with something
that says, 3,000 square foot house, and then anybody who comes in
with a 2,000 square foot house is no problem.
MR. SCHACHNER-Right. You should do that.
MR. CAFFREY-We don't want to be locked in to 2,000 square feet.
MR. BREWER-No, what I'r saying to you is, you have it in here as
a minimum. What you s ould do is go the maximum.
MRS. LABOMBARD-John, I interpreted that to be the mlnlmum for the
potential home buyer, so you don't put up, but you wanted to keep
the ambiance, you know, put up nice, a little bigger home.
MR. CAFFREY-Exactly.
MR. STARK-The applica t understand what's needed.
ought to move along.
I think we
MR. PALING-Okay.
l-Je ' 11 tab 1 e it.
MOTION TO TABLE SUB IVISION NO. 8-1995 PRELIMINARY STAGE
COLGATE PHILLIPS EST TEILEIGH BEEMAN, Introduced by Timothy
Brewer who moved for its adoption, seconded by George Stark:
Until more information is gathered by the engineers, as per our
request, with a model for all four lots, separation distances,
stormwater management, and septics.
Duly adopted this 26th day of September, 1995, by the following
vote:
AYES: Mrs. LaBombard, Mr. Brewer, Mr. MacEwan, Mr. Stark,
Mr. Obermayer, Mr. Paling
NOES: NONE
ABSENT: Mr. Ruel
MR. BUCKLEY-You will
Statement?
Ian on going for the Environmental Impact
MR. PALING-Yes. We will do that.
MR. BREWER-No.
MR. SCHACHNER-This Beard has made no commitment to require
preparation of an Environmental Impact Statement, Number One.
Number Two, I think w should have the record indicate, and I
believe that Mr. Caffrey, the legal representative of the
applicant, already has expressed a consent of the applicant to
this tabling, and just have the record so indicate.
- 31 -
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MR. BREWER-Upon those conditions that we just mentioned.
MR. SCHACHNER-Correct.
MR. BREWER-Nothing to do with an Environmental Impact Statement.
MR. SCHACHNER-Correct. This Board's certainly not made any
commitment to require an Environmental Impact Statement.
MR. PALING-This is a Type I, and we will go for SECRA.
MR. SCHACHNER-Correct. It'll be a SECRA evaluation, but I
believe the question from the audience was, whether the Board was
committed to, require preparation of an Environmental Impact
Statement.
MR. PALING-No. I said this could lead to that.
SECRA, and it could lead to that.
We'll do a
MR. SCHACHNER-Okay.
SUBDIVISION NO. 11-1995 PRELIMINARY STAGE TYPE: UNLISTED
JOSEPH GROSS OWNER: SAME AS ABOVE ZONE: WR-1A/SR-1A
LOCATION: BIG BAY ROAD/PALMER DRIVE APPLICANT PROPOSES TO
SUBDIVIDE A 30.88 ACRE LOT INTO 22 LOTS OF APPROXIMATELY 1 ACRE
EACH. TAX MAP NO. 144-1-40.1 LOT SIZE: 30.88 ACRES SECTION:
SUBDIVISION REGULATIONS
MATT STEVES & LEON STEVES, REPRESENTING APPLICANT, PRESENT
STAFF INPUT
Notes from Staff, Subdivision No. 11-1995, Joseph Gross, Meeting
Date: September 26, 1995 "The engineering review by Rist-Frost
Associates points out several technical issues that should be
addressed prior to final approval. At Sketch Plan the Board
discussed the access to lots 7 & 8 being from the proposed new
road R.O.W. this requirement should be specified on the plat.
Also, the disposition of the existing R.O.W. from Big Bay Road to
the south should be clarified. Section 183-23 G states that
'.. .where a subdivision borders on or contains a railroad right-
of-way or limited access highway right-of-way, the Planning Board
may require a street approximately parallel to and on each side
of the right-of-way...'. Although I do not think it would be
appropriate to require the applicant to construct a road, the
Board may wish to investigate a land dedication adjacent to the
Interstate right-of-way in lieu of a recreation fee. This land
could potentially be used for a bike trail to access Hudson River
Park which will be constructed on the east side of I-87."
MR. PALING-Okay, and Bill MacNamara, you have comments.
MR. MACNAMARA-Yes. John touched on a few of the comments, and
all the others, we have already, I've met with the applicant's
engineer, I think it was yesterday, and he dropped off a revised
set of drawings which we have not had time to review yet, but
we've, in principal, gone over all the issues, if you will, and
in a nutshell, they consisted of some grading and contour issues
that need to be clarified. Some utilities we suggested be shown
for hypothetical lots going in, water, gas, electric, just basic
locations. We tóuched on some of the right-of-ways that John
talked about. We noted that Lot One is actually on the river,
and there was a shoreline clearing issue, in terms of cutting
restrictions, which they've corrected. We asked that some type
of roof runoff, driveway runoff, if you will, eaves trenches with
basic drywell concepts be proposed, particularly for the lots
that are close to the river, of which Matt has indicated, in
fact, the drawing did note that they're going to add some notes
for that. Initially, it looked like some of the lots were in the
100 year flood plain, and Matt has done some additional work to
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'-....
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show that, I think at most, it may be one or two, and I f9rget
what the number was, but Matt can touch on that. There was an
item about, if there were low lots, initially some of the
contours weren't labeled, and the driveway should be such that,
from the street, which is a Town street, doesn't enter somebody's
lot. We talked about the right-of-way, Northway thing, seasonal
high groundwater data, initially, was left off, and he's added
that to the drawings. Those are our only comments.
MR. PALING-Okay. What are the maps that we have in the handout
that we got tonight? What are we looking at here?
MR. GORALSKI-Those are the flood plain, the FEMA floodplain ~aps.
MR. PALING-Okay, and that's what he's just addressed. Okay.
MR. M. STEVES-My name's Matt Steves, with Van Dusen and Steves.
.JOE GROSS
MR. GROSS-Joe Gross, t e applicant.
MR. PALING-And, Bill, yoU sa{d the ones in your letter ha0e been
pretty much addressed?
MR. MACNAMARA-For the most part. I haven't .actually gone 'over
what Matt left with me yesterday, i~ t~(ms of the revised
drawing, but we basically went over all 'the notes, and he had
indicated, yes, there weren't any problems, and he could
certainly add notes to his drawings to indicate it.
MR. PALING-All right, and how about John's comments?
seen the ones he just read?
Have you
MR. M. STEVES-I believe John's comments mainly were the driveway
issue.
MR. PALING-He's got three of them, I think, access to Lot Seven
and Eight.
MR. M. STEVES-That's correct. Lot Seven and Eight border not
only on Big Bay Road, but also on what we show would be a future
road.
MR. PALING-Okay, and then he talked about the right-of-way from
Big, okay.
MR. M. STEVES-And that's another right-of-way. There's a right-
of-way that's been granted to the neighbors to the south, that he
has, and all it states is that we have to grant ingress and
egress across our property to his property, and all we show is
that here's the existing right-of-way, and it's not in a specific
location in the deed or a specific width in the deed. So all we
have to do is, basically, have a right-of-way there for him. So
what we're proposing to do is to re-locate that right-of-way
along the border of Lot Three, and establish it as 20 feet wide.
I don't think .John has any other comments.
MR. GORALSKI-I talked about access to Lots Seven and Eight. The
right-of-way is address d here. I just wanted to make sure that
we were cutting off soeone's access to a parcel back here in
this triangular piece, which, apparently, we're not, and then
just a discussion of that area along the Northway.
MR. M. STEVES-We're going to leave the right-of-way there,
such time as we negoti te it with the purchaser of this
we'll either leave it here it is, or we'll re-locate it.
long as we supply an ac ess, it's all set.
until
lot,
As
MR. 08ERMAYER-The FEMA lood. Which lots are the flood insurance
- 33 -
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'--
rate map that shows the flood areas?
MR. M. STEVES-They have a specific elevation of 290.
MR. OBERMAYER-All right. Which lots does that effect?
MR. M. STEVES-The only one that it effects, the 290 is located
on, is basically Lot One, and what we've done, is you have 290
,that comes up into there, but you can also see the 294, 292, 296
on their lot. So we're proposing the finished floor of the house
at 294, which puts you, therefore, above the flood plain.
MR. OBERMAYER-Yes. It kind of looks like you've got it in, what
is it, 290 did you say?
MR. M. STEVES-Yes, 290.
MR. OBERMAYER-It looks like, in looking at this little map right
here, it looks like it actually divides.
MR. M. STEVES-That's a broad brush map done by FEMA. They don't
come out here and do specific topography on this site. So it's
kind of a broad brush thing off of the USGS Map. We have
actually done a detailed topography on the whole site, and FEMA
does state that their flood elevation in this area is 290.
MR. OBERMAYER-Right. So 290 and above you have an issue, right?
MR. M. STEVES-290 and above you don't have an issue.
MR. OBERMAYER-You don't have an issue. I'm sorry.
MR. MACNAMARA-I think it is worthy of noting
properties, which we understand aren't even
developed at this point, but are included
subdivision, if you will, that may contain
grades, and that was one of our comments.
that the center
looking to be
in the overall
some 290 or less
MR. OBERMAYER-Ri~ht. That's what I was asking.
MR. M. STEVES-In here, that we're not developing at this time.
The only one that has 290 or lower on it, as it exists now, is
basically Lot Number One.
MR. OBERMAYER-But this subdivision, how many lots is this
subdivision? Is it the whole entire?
MR. GORALSKI-No. Right now, you're doing Phase I, which is only
the eight lots that front on Big Bay Road.
MR. OBERMAYER-Okay. Now, how will you point that out to any
future home buyers, that, you know, because there are certain
requirements associated with it, when you build in a flood area.
MR. M. STEVES-We 'can put that on the map, that anybody, you know,
that any house, especially on Lot One, will have to be set at a
certain elevation, or above. We'll put the note on the map.
MR. MACNAMARA-Yes, and actually I think there's something that is
part of the building permit, CO or whatever. There's a special
Queensbury building, special flood hazard zone or some kind of a
permit that actually.
MR. OBERMAYER-Not only that, but isn't there another, I don't
know what it is, but there's something, when you develop along
the Hudson or whatever river that you're in that flood zone, that
you have to actually go by, there's a special permit that's
required.
MR. GORALSKI-There's a permit that is administered by our
- 34 -
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,----'
".-......
,----,'
Building Department when you're in the flood zone.
MR. M. STEVES-We're not in the flood zone.
MR. OBERMAYER-I thought Lot One was.
MR. L. STEVES-No.
that's the only lot
elevation or lower.
above, all the lots
L has a 290 elevation on there, but
in eight lot subdivision that has that
T e low areas are toward the river. 290 and
enjoy that. My name is Leon Steves.
MR. MACEWAN-I just have one question for Staff, at this point.
Could you elaborate 0 the idea of conveying part of that right-
of-way for a proposed, maybe idea of a bike trail? I'm curious
as to how you're going to get from that side of the Northway to
the other.
MR. GORALSKI-Yes. Okay. Do you want that specific question, or
the whole thing?
MR. MACEWAN-That specific question.
MR. GORALSKI-There's a out 30 feet between the shoreline and the
bridge abutment, and it's probably, I would say, 16 feet tall,
that could possibly be used, and the, what the Town would have to
do, if they ever actually went through with this whole thing, is
purchase that last piece of property along the river in order to
make that connection.
MR. MACEWAN-How could you get across the State, I mean, would the
State allow you right-
MR. GORALSKI-Yes.
from the State, but
would have to get a right-of-way
MR. MACEWAN-Is that so ething that's feasible?
MR. GORALSKI-Absolutely.
meeting today with the
specifically to discuss
Queensbury.
As a matter of fact, there was a
Glens Falls Transportation Council,
bike routes within the Town of
MR. MACEWAN-So the State is pretty much open minded about doing
that?
MR. GORALSKI-They're always looking for new bike routes, at this
point.
MR. BREWER-Now, as far as us asking the applicant, wouldn't he
have to?
MR. GORALSKI-He would have to initiate, that's right. The way
the subdivision, and ometimes this isn't clear. The way the
Subdivision Reg's are ritten, are, the applicant has to dedicate
land. In lieu of dedicating land that the Town finds acceptable,
they have to pay the f e. So if the Town sees a piece of land on
this property that they feel is acceptable, they can ask, I mean,
they can almost requir the applicant to donate it.
MR. BREWER-Not necessarily for all of the, in other words, if
that piece of property is worth, I'm just using numbers, $5,000,
and the fees are, for the subdivision, $20,000, is it possible to
take the $5,000 piece cf land, and then the $15,000 in cash, or
whatever?
MR. GORALSKI-I've never heard of it done that way. I'd have to
re-read the Regulation
MR. BREWER-I guess I'm
to take a piece of pro
looking at a, is it feasible
that's not really worth much,
for us
versus
- 35 -
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the fee?
MR. MACEWAN-I don't think, monetarily, it's for us to decide
whether it's a monetary thing.
MR. BREWER-The Town Board has to do it anyway.
MR. MACEWAN-That's right.
MR. GORALSKI-The Town Board has to do it. What I'm saying is, I
think there's an opportunity, here, to, when the discussions were
going on about the Hudson River Park, one of the objections was
that people would have to drive through a very busy intersection
to get over to Big Boom Road. This might be a way to alleviate
that problem. I'm just saying it's an option that I think the
Town should explore. If you folks don't think it's appropriate,
that's certainly up to you. If the Town Board doesn't think it's
appropriate, well, then they can make that determination.
MR. PALING-John, how far does the applicant have to carry the
process? What do they have to do, specifically?
MR. GORALSKI-Well, as I said, the Regulation requires that the
applicant donate land, and if the Town doesn't find land
suitable, then they will require a $500 per lot recreation fee.
MR. PALING-But then if they accept the land, that's the end of
the process? That's it?
MR. GORALSKI-If the Town accepts the land, then that land gets
deeded over to the Town.
MR. PALING-And the applicant doesn't have to do anything beyond
that.
MR. GORALSKI-That's right. Then it would be up to the Town to do
what they want with that land.
MR. PALING-Okay. How does this sit with the applicant?
MR. GROSS-It's overwhelming. It doesn't seem to be a problem,
appear to be a problem.
MR. PALING-But you'd want to withhold final decision?
MR. GROSS-Yes. Maybe I'm misunderstanding, but it would have to
go to the Town Board anyway, to get that concept. Right?
MR. GORALSKI-Yes. Usually what happens, when somebody is
dedicating land, is they include that as p~rt of ,the subdivision.
They show that as a lot to be dedicated to the T6wn, and then,
after we go through the process, then the Town would then accept
that parcel of land for recreation.
MR. MACEWAN-Usually in the past, haven't we kind of recommended
to the Town that this is part of what we wanted to do for the
subdivision, and they usually, I'll retract that statement.
MR. GORALSKI-The process that you go through is that the Town
Board asks for a recommendation from both the Planning Board and
the Recreation Commission, and then the Town Board considers the
recommendations of both the Recreation Commission and the
Planning Board, and makes a decision on whether or not they would
want to accept these parcels for dedication.
MR. PALING-It wouldn't effect anything else we did regarding this
application.
MR. GORALSKI-Correct.
- 36 -
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,-",.
MR. BREWER-How do you access that, John?
It's not on here.
MR. GORALSKI-What I'm proposing is that you have, like about 130
foot spur that comes off. The Hudson River runs along this part
of the map, okay, and then right here is the Northway right-of-
way, okay. There's on lot here, adjacent to the Northway right-
of-way, then there's t is long spur that runs down here, which is
basically useable for this lot. What I'm proposing is that the
applicant gives a 50 foot right-of-way along here, until we get
to this spur. Then that whole spur be dedicated to the Town, and
then eventually, when this whole thing came to fruition, what the
Town would have to d is either gèt an easement across this
property, or purchase this property, and get an easement from the
State to go under this bridge abutment, and they'd re-access the
Park on the other side.
MR. PALING-We could pass on comment, then, or recommendation
regarding that and ther proceed with the rest of the.
MR. GORALSKI-Exactly.
MR. PALING-Okay.
MR. BREWER-Okay. I think some things we have to think about,
though, if people are going to use that spur, and I think,
possibly an idea, but combinations for people that are going to
park here and go there, I don't know.
MR. GORALSKI-I would propose to make it a bike trail, not
vehicular access, just a bike trail.
MR. PALING-It would be bike trail only.
MR. GORALSKI-Similar tc the Warren County bike trail.
MR. PALING-Okay. I we can proceed,
fully understand that. right. Are there
or comments from the oard or the applicant?
to a public hearing, will be our next step.
because I think we
any more questions
We're going to go
MR. GORALSKI-I do have some letters.
MR. PALING-I'm sorry. Letters, would you read them, please.
MR. GORALSKI-I can read them at this time, during the public
hearing.
MR. PALING-Yes. Okay. I'll open the public hearing and begin
with the letters read y John.
PUBLIC HEARING OPENED
MR. GORALSKI-Okay. "e, Marie V. Huntington and Eugene H. Coon,
Sr. of #3 Palmer Dr. re for the subdivision. We feel it will
improve the area. Marie V. Huntington Eugene H. Coon, Sr." "To
Whom It May Concern: The Gifford family will not contest any
building the Gross fa ily intends to do. We are behind them
100%. Mr. & Mrs. Eleric Gifford 47 Palmer Drive, Queensbury"
"To Whom It May Concerr: I feel that Mr. and Mrs. Joe Gross have
done a nice job in ho they are developing the property. They
have been very informative about the property. I like the woods
out back of us, but ch nges do happen. This is one of the better
developments in Queens ury we feel. Mr. & Mrs. Gross live here
and have built a very nice home; I feel that they do care what
goes on out behind an around us. Sincerely, Craig & Denise
Hanchett, 9 Palmer Drive" "To Whom It May Concern: My name is
Doug Granger. I am homeowner on Big Bay Road. I have no
concerns or objectiors with Mr. Gross' proposed subdivision.
After discussion with ~im regarding this matter, he demonstrated
latitude with his pIa s to blend with thè existing neighborhood.
- 37 -
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I also realize that Joe's proposal is an asset to the community
in the fact that home re-sale values increase. Signed, Douglas
J. Granger" And then I have letters of intent from Van Dusen &
Steves regarding the subdivision, and we did receive all of the.
MR. PALING-Those are all back. All right. Would anyone care to
speak about this?
HAROLD WAKELEY
MR. WAKELEY-I'm Harold Wakeley. I have a summer camp on Palmer
Drive, which is going to back up to this property. My only
concern is water. My well is only 16, 18 feet deep, a shallow
well, and I understand what everybody says, it purifies, run a
few feet and everything, but they're putting 60 homes up above us
in Hudson Point, and he's goi.ng to put 22 in here, and I just
wonder how many septic tanks the Town of Queensbury can handle
without flooding over. I was at a meeting about the Hudson
Pointe thing, and the former Supervisor said there should be no
more subdivisions of any size without being able to hook on to a
public sewer, and I believed that. So, if this backs up, and
this gentleman decides to put his septic tank right by my
property, is there going to be any regulations of where he can
put it and where he can't?
MR. PALING-There is a regulation.
MR. STARK-It has to be 100 feet away from your well.
MR. WAKELEY-What has to be 100 feet?
MR. STARK-His septic tank has to be 100 feet away from your well.
MR. WAKELEY-From ~ well?
MR. MACNAMARA-Just a note of interest. That was one of our
comments that was outstanding, is that all the adjoining wells
aren't shown, and I seem to, somebody had indicated something
about not being able to get on certain properties to determine
certain locations, but it is important the separations are met.
MR. GORALSKI-I believe Mr. Wakeley lives adjacent to Phase II of
the subdivision. So I don't believe they ,would have even
attempted to get on his lot at this point.
MR. PALING-But there is that law of 100 foot, Code.
MR. WAKELEY-That's on one lot?
MR. PALING-On all.
MR. GORALSKI-On any lot.
MR. PALING-Any.
MR. WAKELEY-On one individual lot, the difference between the
well and the septic tank has to be 100 feet.
MR. OBERMAYER-One hundred feet apart.
MR. WAKELEY-One hundred feet, but if he puts his on this edge of
his lot because that's where he decides to put it, then my lot's
going to be five feet from his sewer.
MR. BREWER-No. It has to be 100 from your well.
MR. SCHACHNER-Or any other well.
MR. GORALSKI-It doesn't matter where the lot lines are.
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MR. PALING-You can for~et about the boundary lines of the lots,
when it comes to this. It's got to be 100 feet from your well,
no matter what lot it's on.
MR. WAKELEY-There's no sewage system going in, of any kind, that
you know of?
MR. PALING-I don't believe so.
MR. WAKELEY-I don't mean a public one. I mean for this.
MR. PALING-Not a centr 1 system, if that's what you mean, no.
MR. WAKELEY-Okay. The only other objection I have to it, we've
been there 25, 26 year~, is that every time they go in and cut
down the trees, the noise from the Northway increases, and houses
are constantly being tuilt, and I don't know if there's anything
that can be done. I've seen places along the 87 North,
Interstates, where th y've put up wooden fences. I don't know
what's going to come of it. It's getting to be a problem, now.
When he cuts down all this property behind us, all the trees,
it's certainly going to make noise, and I have no objection to
Joe and his proposal. Those are just a couple of things that I
really think should be looked at. Okay. Thank you.
MR. PALING-Thank you. Okay. Someone else?
DICK WILLETT
MR. WILLETT-My name is Dick Willett. I also live on Palmer
Drive, closer to the d velopment, even the new development, than
beginning development, than Mr. Wakeley does. I was concerned
about water also, whe you only have a six foot water table, and
they put twenty-two septic tanks in there, an leachfields going
out would affect our ater. We have beautiful ice cold, clear
well water.
MR. PALING-Would Bill or John want to comment on, this is the
second time we've beer asked this. Do you have any comment on
that?
MR. MACNAMARA-No, but that was one of the first things we opened
up with, is that, we urderstand that this development is just for
these eight lots, an if all of this development were in
question, we actually had a number of other comments, of which
the repeated response to our comments was, well, that's in the
next development, and that's probably never going to happen.
Well, at that point, I'm looking at these eight lots right here,
but looking at it, ev n if it were the 22 lots, well, there's
certainly, DOH gets i to the picture, and has to get into the
whole, there's a mini um number of lots where, if it's greater
than that, there has tc be a central sewer. I don't believe this
triggers that. So, there certainly, this is an issue that
probably comes up in lot of subdivisions, but I'm not saying
it's not a valid issue.
MR. GORALSKI-I believe the DOH regulation is 100 lots, 49 per
phase, that's what it is. I think it's 49 lots per phase, okay,
and then DOH looks for a central sewage system.
MR. OBERMAYER-As far
where that's going
subdivision?
s the Town water, can you explain to me
t end? Is it going to go into the new
MR. GORALSKI-They have made a request to extend the sewer
district, which is a r quirement of the Subdivision Regulations.
MR. OBERMAYER-Water district.
MR. GORALSKI-~I'm sorry, Water district, the Water district. They
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will be required to extend the water line to the lots as, well,
Phase I lots, after Phase I is developed, and then when they come
in for Phase II, build that road, they'll be required to put the
water main up the road to Town specifications, and each one of
those lots will be required to use the Town water.
MR. OBERMAYER-Why wouldn't Palmer Drive be hooked up at the same
time?
MR. GORALSKI-They certainly could petition to be part of the
water district, if they'd like to.
MR. BREWER-Probably don't want to be.
MR. WILLETT-Some of them do. Some of them don't. I inquired
about this years ago. I've lived down there 19 years myself.
They brought water down to where it is on Big Bay Road now. I
talked to Flaherty and some of the water people. I said, why
don't you start on the corner and go all the way up Palmer Drive?
We can't do that. We'd have to create a new district and all
that. Now somebody wants to create a subdivision. They say,
sure, we'll just extend it down. I mean, if the people of Palmer
Drive wanted water down there, we'd have a hell of a hassle, but
they'd say, well, we'd have to create a new water district. NO~J,
somebody wants to put a subdivision in there, they'd say, fine,
we'll just extend it down.
MR. BREWER-Because the developer's going to pay that expense. If
you want to pay for it, Dick, they'll gladly bring it down there,
I'm sure.
MR. OBERMAYER-See, the developer's going to pay for the extension
of the water line.
MR. WILLETT-In other words, if we've got the money, we can get
the water, right?
MR. OBERMAYER-I don't know what to tell you.
MR. GORALSKI-As I said, if the re$idents of Palmer Drive would
like that water extended beyond where the developer will have to
bring it for the subdivision, what you should do it go to the
Town Board and request that they extend it.
MR. WILLETT-Well, most of them don't want it, anyway, but the
only convenience I was saying, if we had Town water, and we lost
power, we'd have water, if you know what I mean, because if we
lose power, we don't have water. My other question, the water's
(lost words) septic tank, and that's my main concern, and that's
been explained fine. On the ingress and egress to this property,
you're talking about driveways coming in and out. You'll see
there's a road coming off Palmer Drive going into the
development. I think rumor has it that it's going to come back
in, have a cul-de-sac at the end, and come back out onto Big Bay.
Right?
MRS. LABOMBARD-Yes.
MR. WILLETT-Well, as far as ingress and egress goes, that's one
hell of a curve coming off, where Big Bay comes down and turns
into and ends at Palmer Drive, that's one hell of a curve in
there, and if you've got four or five driveways and two roads
coming into that curve, I think it should be investigated,
because there could be a hell of a lot of accidents there.
MR. MACEWAN-At the point where that proposed road would be coming
out onto Big Bay Road, living down there, how fast do you feel
traffic's flowing through there, at that point?
MR. WILLETT-Forty-five to fifty miles an hour. I'd say 45, easy.
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MR. MACEWAN-That does 't give them much time to slow down before
they turn onto Palmer rive, does it?
MR. WILLETT-No. There's no speed limit on that road. It's a
public road, and it's a 55 mile an hour speed limit, and you take
some of those kids that are on Palmer Drive right now, they go
racing past my house oing 45 or 50. Now, as far as wetlands.
There is a little P nd in there. I don't know if that's
considered a wetland or not, a very small pond.
MR. PALING-John, do you want to comment on that? Is there a pond
in there that would be considered wetland?
MR. GORALSKI-There is ro DEC wetlands on that property.
MR. WILLETT-What do ycu have to have for a wetland? There's a
little pond in there. What's considered wetland? Do you have to
have 50 acres of swamp, or what?
MR. GORALSKI-12.5 acres is the minimum DEC regulates as a
wetland.
MR. WILLETT-Animals, forget it. We've got deer and everything
else down there, but they're not endangered species. I think
I'll have to go to Hud on Pointe and get a couple of butterflies
and bring them in, and the forest that's out in back, on there he
says there isn't any forest out there. I don't know what the
hell all those trees reo It's acting, as Mr. Wakeley pointed
out, as a sound buffer. There's a lot of woods in there. My
point, again, was the traffic on that curve. You've got
driveways coming out, and the ingress and egress. The water
problem is solved. I don't see any problem there, and that is
our main concern dowr there. You're going to have blind
driveways on that curv .
MR. PALING-Okay. Than~ you. Who's next?
BETTY WAKELEY
MRS. WAKELEY-I'm Betty Wakeley. I, too, am a summer resident on
Palmer Drive. It was IT understanding here that there will be a
right-of-way in this eight block lo~that we're talking about
tonight?
MR. PALING-Yes.
MRS. WAKELEY-There is
Can those right~of-waY5
but ! just didn't kno
like that, or maybe it
know.
a right-of-way already on the property.
be moved? I don't mean to hamper this,
that those right-of-ways could be moved
will be a second right-of-way. I don't
MR. PALING-I don't kno
Do you know which right-of-way?
MR. GORALSKI-If you're speaking of the right-of-way that is used
to access those lots dcwn by the river. Is that the right-of-way
that you're talking ab ut?
MR. BREWER-The existins right-of-way there, John.
MRS. WAKELEY-It's right here, in here some place. This is the
end of Palmer Drive, nd this is the original farmhouse. Palmer
Drive goes like this. This is the river here, and in here, I
don't know, what's that 189, does that mean feet?
MR. PALING-Yes.
MRS. WAKELEY-Then it wculd be in (lost word). Mr. Palmer made a
right-of-way there.
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MR. PALING-On the river? Mr. Gross will comment on it when he
comes up. Okay.
MRS. WAKELEY-I was just wondering whether it was going to be a
septic ri~ht-of-way or, I didn't think you could move a right-of-
way.
MR. PALING-Okay. We'll see if we can't get it clarified. Thank
you.
MRS. WAKELEY-Okay. Thank you.
MR. PALING-Okay. Who is next?
speak right now? All right.
this case is closed. Okay.
All right. No one else cares to
If not~ then the public hearing in
PUBLIC HEARING CLOSED
MR. PALING-All right. Would you want to comment on some of the,
I've got quite a few notes here, some of which have already been
answered. Some can't be answered tonight. Do you want to start
with the right-of-way?
MR. GROSS-Today I had a long conversation with George LeMay that
owns the farm, the old farmhouse next door, and George has
purchased the lot. It's easier to point to it. He's previously
purchased a lot right here. There's a 150 feet, this is all
approximate, by 100 lot right here. There used to be a former
home there, and it burnt down years ago, from what I'm told. At
the end of Palmer Drive, there's a 50 foot right-of-way to get
into the water that belongs to that lot. Whether that right-of-
way belongs to other people as well, I don't know, if that's what
you're asking.
MRS. WAKELEY-I think you'll find, was it Mr. Taupe, who's house
burned, he had the use of that. That was the only way he could
get to the water. So he used that, but it was not his property.
MR. GROSS-Right. He still has that use. It has nothing to do
with, the 189 ends just approximately, Matt correct me if I'm
wrong, it ends where the telephone pole is. There's a telephone
pole, and believe it or not, there's another 50 foot right-of-
way, right to the right of that, that right-of-way you're talking
about is actually, the road has a 50 foot right-of-way. The road
is only 30 foot wide, but it actually has a 50 foot right-of-way.
It's right at the end of Big Bay Road, before you turn to Palmer
Drive, and then Laurie lives there, and all that property from
there on is deeded to her, I believe.
MRS. WAKELEY-I'm talking the other way, going from Laurie's
house, south. That's where this.
MR. GROSS-Yes. There's a 50 foot swath between her property and
this property here. It has nothing to do with our deed. It does
not involve our property. The right-of-way that I was discussing
before was something totally different.
MR. PALING-Right.
MR. GORALSKI-So that right-of-way is going to remain, that right-
of-way she's talking about? Is that correct?
MR. GROSS-It has nothing to do with us. It's someone else's
property.
MR. GORALSKI-Okay. That's all I'm asking. So this project won't
change that right-of-way.
MR. GROSS-Right.
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MR. M. STEVES-We have no impact on that right-of-way whatsoever.
As far as the other comments, as far as the proposed cul-de-sac,
we are already coming in in one location. We are not moving back
out onto the curve on Big Bay Road. As you can see, our cul-de-
sac, when and if it ever does go through, is down here on the
right-of-way, or on the straight-of-way, closer to Palmer Drive.
This area we left dow here is just part of the rest of the
property. We do not propose a road to come back out there, at
any time, and will not propose a road to come out there at any
time.
MR. PALING-I don't know. Maybe out of this could come a speed
sign, speed limit sign.
MR. GORALSKI-I will investigate that.
MR. PALING-Would you do that? Okay. Thank You.
MR. M. STEVES-And as far as a few other comments, we have not
addressed wells or se tic on the back lots because they're not
affected at this time, but the two areas that we did find septic
that we have noted on this plan, we are showing that our wells
and septic are at the minimum of 100 feet, and in most cases
they're a lot more t an that, and Mr. Willett did bring up
another good point, a d I do have a letter from the Division of
Fish and Wildlife, fro Cathy O'Brien, Senior Wildlife Biologist,
that she visited the property and did not find any evidence of
any endangered species or Karner Blue or Lupine.
MR. PALING-Okay.
about tree cutting.
MR. M. STEVES-Well, as
here is we have a cle
first eight lots. No
this time, we have no
MR. BREWER-So we shoul
All right. Then also a couple
Do you want to comment on that?
of comments
far as tree cutting, all we're showing
ring plan detail out for each one of the
, as far as the rest of the property, at
lans.
get into that?
MR. PALING-Not if th re's no plans to cut anything.
think we can get into it.
I don't
MR. GROSS-I don't have to ask permission to take one tree down?
MR. PALING-No.
MR. BREWER-Can I just ask one question on this big lot
It's in the second phase, but it, potentially, could be
first phase, r suppose, because it is a lot.
here?
in the
MR. M. STEVES-This here? It's the rest of the property.
MR. BREWER-But I guess
all across, where the
all the way across the
no question that it is
what I'm saying, Matt, is you've got lines
cul-de-sac is coming in, you've got lines
back. So, I mean, it is a lot. There's
a lot.
MR. M. STEVES-That's ccrrect.
MR. BREWER-I just was curious.
MR. M. STEVES-But it accesses off the cul-de-sac.
MR. BREWER-But it also accesses on Big Bay, too, doesn't it?
MR. M. STEVES-Right, but at this time, we're not proposing any
house or development.
MR. BREWER-I just was curious, you're leaving it open to access
both ways?
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MR. M. STEVES-That's correct.
MR. BREWER-I bet you that's 40 feet wide, too, isn't it?
MR. GROSS-It's more than that.
MR. M. STEVES-At least.
MR. GORALSKI-That's the minimum required.
MR. BREWER-I know. That's why I said it.
MR. PALING-Okay. Comments? I have no other comments.
have anything to add?
Do you
MR. M. STEVES-I do have one other comment. In respect to the
water district extension. We have applied, but that does not
mean that the Town will accept our application. They can deny us
the extension of the district. Therefore, we don't want to be
locked into the application, or the approval as being based upon
Town water only. We would like to know that in case we do not
get accepted of the water district extension, we would be
proposing on-site well. We'd have to obey the same rules.
MR. PALING-Okay. Then we need a SEQRA on this.
MR. BREWER-I just have one other comment. Bill's comments, are
we going to have them addressed before we go any further?
MR. GORALSKI-I think most of them have been already.
MR. BREWER-All of them?
MR. MACNAMARA-They either have been verbally, or in what Matt may
have submitted in the drawing, but it certainly wouldn't hurt to
say, provided the comments are addressed.
MR. PALING-Okay.
RESOLUTION WHEN DETERMINATION OF NO SIGNIFICANCE IS MADE
RESOLUTION NO. 11-1995, Introduced by Catherine LaBombard who
moved for its adoption, seconded by James Obermayer:
WHEREAS, the)-e
application for:
is presently before
JOSEPH GROSS, and
the
Planning
Board
an
WHEREAS, this Planning Board has determined that the proposed
project and Planning Board action is subject to review unde)- tl1e
State Environmental Quality Review Act,
NOW, THEREFORE, BE IT
RESOLVED:
1. No federal agency appears to be involved.
2. The following agencies are involved:
NONE
3. The proposed action considered by this Board is unlisted in
the Department of Environmental Conservation Regulations
implementing the State Environmental Quality Review Act and
the regulations of the ToWn of Queensbury.
4. An Environmental Assessment Form has been completed by the
applicant.
5. Having considered and thoroughly analyzed the relevant areas
of environmental concern and having considered the criteria
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for determining whether a project has a significant
environmental imp ct as the same is set forth in Section
617.11 of the Official Compilation of Codes, Rules and
Regulations for the state of New York, this Board finds that
the action about to be undertaken by this Board will have no
significant environmental effect and the Chairman of the
Planning Board is hereby authorized to execute and sign and
file as may be necessary a statement of non-significance or
a negative declaration that may be required by law.
Duly adopted this 26th day of September, 1995, by the following
vote:
AYES: Mr. Brewer, Mr. MacEwan, Mr. Stark, Mr. Obermayer,
Mrs. LaBombard, Mr. Paling
NOES: NONE
ABSENT: Mr. Ruel
MR. PALING-Okay. We can go right to a motion.
MR. BREWER-I think we ave to do the waivers, first. We've got a
request for waivers, stormwater management, erosion control. We
should include that in the motion. That's all.
MR. OBERMAYER-We don't have to make a separate motion on that?
MR. MACNAMARA-If you're talking about
think I noted before, they did add that
trenches andlor drYLells, depending
developed.
the stormwater stuff, I
they would supply eaves
on how each lot was
MR. M. STEVES-We will put that detail on.
MR. BREWER-So then we can eliminate that off of this request for
the waivers?
MR. MACNAMARA-That's f r the stormwater. Erosion control issues
should still be handle on a per lot basis~
MR. OBERMAYER-So you
in the reading?
us just to include the erosion control
MR. MACNAMARA-And they really are already included, only because
they're in the Rist-Frcst notes. They've aJready been.
MR. GORALSKI-Don't include the erosion. You
a waiver from that. hey should put a note
that they'll follow the guidelines. Those
waivers they were 100 ing for? Well, then
that.
shouldn't give them
on the plan saying
two were the only
you've agreed to do
MR. M. STEVES-Not a prcblem.
MR. GORALSKI-So we don't need the waivers.
MR. PALING-Okay.
MOTION TO APPROVE SU DIVISION NO. 11-1995
JOSEPH GROSS, Introduced by James Obermayer
adoption, seconded by Catherine LaBombard:
PRELIMINARY STAGE
who moved for its
For Phase I, as long the applicant meets all the additional
engineering comments from Rist-Frost Associates.
Duly adopted this 26th day of September, 1995, by the following
vote:
AYES: Mr. MacEwan, Mr. Stark, Mr. Obermayer, Mrs. LaBombard,
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Mr. Brewer, Mr. Paling
NOES: NONE
ABSENT: Mr. Ruel
MR. MACEWAN-Bob, before we move on to the next, can I just raise
a question I've got, something that happened last week?
MR. PALING-Yes.
MR. MACEWAN-John, this is directed toward you guys. Last week,
there were two applications in front of us for additions up at
Rockhurst. They were considered Type II Actions, because they
were accessory uses.
MR. GORALSKI-Not because they were accessory uses.
MR. MACEWAN-That's the definition I was given.
MR. SCHACHNER-Craig, the answer to your question is that, the
SECRA Regulations, in the Type II list, one of the things they
list as Type II Actions are construction or placement of minor
structures, accessory or appurtenant to existing facilities, and
what we discussed last week was whether minor additions could be
interpreted to be within that language. I think the Staff and I
said that you could certainly make the interpretation that minor
additions fell within that language, and I think that's what the
Board did.
MR. MACEWAN-So it was interpreted that those two additions up
there were considered minor additions?
MR. SCHACHNER-Basically, yes.
MR. MACEWAN-Basically? Boy, you're lucky I wasn't here.
MR. PALING-Okay. Lets move on to the agenda items and come back
to this if we want to discuss it further.
DISCUSSION ITEM:
PERRY NOUN ASSOCIATES, INC. - DISCUSSION REGARDING CONSTRUCTION
OF A NEW SENIOR COMMUNITY CENTER WITH A MEDICAL OFFICE BUILDING.
MR. PALING-Okay. John, do you have comments on this?
MR. GORALSKI-I have no comments.
there. Mr. Noun has asked to come in
you a description of what he plans to
complete site plan review application
any approvals.
There's a conceptual plan
front of the Board and give
do. He'll have to submit a
prior to the Board granting
PERRY NOUN
MR. NOUN-My name is Perry Noun. I'm President of Perry Noun
Associates. This is Donna Lopreski who's had extensive
experience in senior housing, both adult care and apartments, and
Jim Coleman, representing, he's the architect with B.B.L, and
Barry, Bette, (lost word) and this is Christopher Scoringe, the
attorney representing the company that'll be developing the site.
~1R. PALING-Okay.
MR. NOUN-Presently, I have a contract to purchase the Bay Road
site. I don't know if it has an address.
MR. PALING-Located, just so everyone understands where you're
talking about.
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MR. NOUN-I would say it's on the, from the corner of Bay Road and
Quaker Road, you turn down Bay Road, it's the site immediately to
the north of the flowershop, just several hundred feet. It's the
proposed Woodbury site, the Woodbury site that they did, I
believe, receive approval to build a 30,000 square foot plaza.
MR. PALING-I think you're right.
MR. STARK-They got t e paving in there and the curbing and
everything else.
MR. NOUN-Yes. It is a developed site.
MR. STARK-It's a very flat piece of land.
elevation difference i the whole property.
There's a one foot
MR. NOUN-Jim is goin to describe the site, and the building
square footage. What we'd like to do is to build 70 units of
senior housing, with a professional office building at the front
of the site, and the seniors will be those that, well, some of
the services that will be offered, we'll be offering three meals
per day, and these are for seniors who probably are not capable
any longer of provi ing three nutritious meals a day, who
probably would like to have some coffee in the morning, or have
some things in the re rigerator and every once in a while have
some family members over, but we'd be providing three meals a
day, and the facility. There'll be an activity room. We'll be
transporting them to and from shopping, to and from doctors
appointments. Some f the facilities in the Capital District
that might be similar to this, one is on Washington Avenue
Extension, called the Wellspring House. It's a 15 year old
facility. There's a rand new one in Slingerlands that you may
have heard about, call d Beverwick. There's another one that the
Albany Diocese has had for seversl years, probably 15, maybe even
older, called the Nelson House. You might have heard either all
of these or perhaps a few of them advertised on the radio, and
essentially for someo e who is coming out of a situation where
the spouse has passed way. They're by themselves. They don't
want to live in the a artment by themselves any longer. They
want to be in more of a sense of community, where they have a
choice to still be in ependent, and yet they need to have some
services, and housekeeping will be provided for them on a Yegular
basis, meals, activity, but we will not be a healthcare facility.
. I presentl~am a~ adult home operator in New York State. I ~ave
~ license, but in this case, this facility is n~t a requirement.
It has nothing to do with healthcare. We're providing another
alternative for people who wish to remain independent for as long
as they can.
MR. OBERMAYER-What siz , like, apartments are these going to be,
I'll call them senior apartments, or whatever?
MR. NOUN-They probabl won't be any more than 490 to 515, 520
square feet, for a small one bedroom, and probably up to 535
square feet for alar er unit, and the two bedroom units, and
there won't be very ma y two bedroom units. We don't expect many
husbands and wives to be there, but you may have an opportunity,
also, for a couple of people who want to be roommates, but the
larger units,again, probably won't be any more than 625 to 650.
MR. STARK-Furnished, u furnished?
MR. NOUN-We would offer both. They could have it either
furnished or they coul~ bring their own furniture.
MR. STARK-Elevated?
MR. NOUN-Yes. There'll be an elevator in the building.
MR. OBERMAYER-Is it going to be like two floors, three floors?
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MR. GORALSKI-Three.
MR. NOUN-It may be appropriate, now, to have Jim Coleman describe
the rest of this project for you, and then we're going to have to
submit a full set of plans and specs. We recognize that. So,
Jim.
JIM COLEMAN
MR. COLEMAN-Good evening. It's a four acre site. We have
developed a three story structure to the rear of the site for the
residential unit, that U-Shaped piece that you see in the back is
the three story structure. Again, we have a three story in the
rear of the site. We have a single story community center kind
of place where the diningroom is, and the hair dresser, the
barbershop, the post office, those kinds of things, happen in the
front. We've got 96 parking spaces on site. APPToximately 16 to
20 would be associated with the medical office building, which is
four to five per thousand, and the remainder would be associated
with the seniors living.
MR. PALING-How many units will you have?
MR. COLEMAN-Seventy.
MR. PALING-Seventy.
MR. COLEMAN-A maximum of seventy.
MR. PALING-So you're going to have one per, one parking space
per.
MR. COLEMAN-Correct. Now, Perry will tell you, in his
experience, and previous facilities, these people do not drive.
Probably one in four, at the most, would have a vehicle.
MR. BREWER-Similar to the statistics for Solomon Heights, then?
MR. NOUN-Yes.
MR. COLEMAN-Utilities are all coming up Bay Road. As you know,
some of those have been brought into the site. We've got to look
and find out what's there, and what we can use and what we need
to re-evaluate. stormwater, there are some catch basins that
were installed with that original proposal that's been defunct
for a while. So much that there's trees coming out of those
catchbasins. So that's all got to be cleaned up. Apparently,
there's some new storm work done on Bay Road which we propose to
connect to.
MR. BREWER-Would this be sewered, hook into the sewer system?
MR. COLEMAN-As well, yes.
MR. OBERMAYER-The architecture would be like a brick type
building?
MR. COLEMAN-We're proposing more of a less hard surface than
that. Probably more in line with these buildings that are in
back of us, probably some clapboard and some shingled roof. We
don't expect to have a flat box with some dormers and things like
that, give it some residential character.
MR. 08ERMAYER-Right. What's the length of the building?
MR. COLEMAN-I believe the length of that leg on that U-Shaped
thing is 180 feet.
MR. MACEWAN-Can you tell me about any proposed security for that
complex?
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MR. NOUN-Yes. We will have someone there 24 hours a day, so that
if someone needs some h ,lp, they press a buzzer type of thing.
MR. MACEWAN-Night watch an type of thing?
MR. NOUN-Yes.
MR. OBERMAYER-Plus, to keep anybody out, even though it's a safe
area, there's always problems.
MR. PALING-How are you going to heat them?
MR. COLEMAN-We probably would look at gas fired, hot water,
baseboard.
MR. PALING-You wouldn't do electric?
MR. COLEMAN-No. The even heat that's provided by the hot water
baseboard.
MR. PALING--Yes.
MR. MACEWAN-The monthly rental that these are for would
care of, are there a y charges, I guess I'm getting
would be above and beyond that for maintenance,
maintenance, or kind of annual fees that they have to
anything like that?
also take
at, that
bu.ilding
pay, or
MR. NOUN-There won't pay any fees for building maintenance. If
someone, we intend to do housekeeping and linens, but if someone
wanted to have their personal laundry done, then we would say,
okay. We would have omeone available to them for some type of
charge, any more than if they were to go to a laundry mat and
have it done.
MRS. LABOMBARD-So they wouldn't have the small washerldryer units
that you see in condos in their units?
MR. COLEMAN-In their urits, no. The average age of the resident
will be over 70, not t~at that's old.
MRS. LABOMBARD-My mot~er-in-Iaw stayed in this place, up the
road, right across the from the college. There's an adult home,
but that doesn't have partment units. That's just a bedroOm and
a little sitting area.
MR. COLEMAN-Correct.
MRS. LABOMBARD-Where they don't have the option of being able to
have their own kitchen services, but I think, and also it doesn't
have all the amenities that you're proposing for here.
MR. NOUN-Well, we also
little corner variety
could come down for a
seniors don't have 1
continental breakfast
and they can come down
would like to have a little, almost like a
store where, in the morning, where they
continental breakfast, rather than, most
rge breakfasts anyway. So they have a
hich may extend for three or four hours,
at their leisure.
MR. PALING-What would
to service this unit?
to people, get out.
MR. OBERMAYER-Right, t
medical building's primary purpose be,
MR. NOUN-It would be a facilities, some medical specialist,
whether it was ear, noee and throat, or someone who would want to
have an office there. We recognize that Bay Road is, for
whatever reason, going to develop into that type of character.
MR. MACEWAN-Somehow that's turned into the medical corridor
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around here. I don't know why, but it has.
MR. NOUN-And that's good. I think there's a dentist next door.
MR. BREWER-There's several dentists.
MR. OBERMAYER-As far as, like, any State regulatory requirements
to, you know, as far as Department of Health inspections and
things like that, I mean, what type, is there any things that you
guys have to do?
CHRISTOPHER SCORINGE
MR. SCORINGE-This is not regulated by the State as an adult home
or a nursing home.
MR. OBERMAYER-It's not regulated. That's what I was wondering.
MR. SCORINGE-It's not a licensed facility. Now, the residents
can bring in outside health care providers, if they want, like
the visiting nurses or that type of facility, or provider to give
them services, but we're not providing direct health care.
Therefore, it's not regulated.
MR. OBERMAYER-It's not regulated. Okay, because then you might
have to require some additional features to bring it up to.
MR. SCORINGE-Well, the additional medical staffing, it drives up
the cost. It drives ~P the monthly charge to the residents.
MR. STARK-What is the monthly charge?
MR. NOUN-Probably one of ,the smaller units would start at around
$1600.
MR. STARK-A month?
MR. NOUN-Yes, and that's comparable to Adirondack (lost word).
MRS. LABOMBARD-So, it's really not an apartment. It's more than
that, because, see, this is what I don't understand. One the one
side, you say it's not an adult home, but, and they're on their
own, and they won't, like if they needed some kind of physical
assistance, it really isn't there. That's why when you hit me
with that amount, that's comparable, almost, to what the adult
home was.
DONNA LOPRESKI
MS. LOPRESKI-They're also getting all the amenities.
MRS. LABOMBARD-That's right.
right.
You're getting your meals. You're
MS. LOPRESKI-Transportation.
MRS. LABOMBARD-And then if they wanted to use the van to go to
the Mall, that would be all included.
MS. LOPRESKI-Right.
MR. OBERMAYER-How about,
fire protection system.
sprinkler system in?
because of
I mean,
the senior
would you
community, the
have to put a
MR. COLEMAN-I think we would.
MR. OBERMAYER-Yes, I would think so, too.
MR. COLEMAN-A two story, you could do it with, once you get above
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two, there's a lot of restrictions.
MR. OBERMAYER-As far as fire walls go.
MR. COLEMAN-Fire walls.
MR. BREWER-Yes. I thi k the Town Codes make you.
MR. OBERMAYER-Especially for a senior center, if you have a fire.
MR. COLEMAN-Yes.
MR. PALING-The berms you seem to leave as sort of an option. Did
you have any idea where you might want to locate those?
MR. COLEMAN-We're hoping that you'd help us out.
some people that said the site is pretty wide open.
clear through.
We spoke to
You can see
MR. PALING-Okay. So you're willing to berm it wherever that
might help. That's go d.
MR. BREWER-Okay. How rruch, just out of curiosity, how much room
do you have behind the building to come around?
MR. COLEMAN-That's a 24 foot drop.
MR. BREWER-I think you might want to look into that. John, on a
building this size, isr't there more room, something sticks in my
mind about wider than -4 foot around the back of the building, in
that size building.
MR. GORALSKI-Well, if they're sprinkling the building, what you
may be thinking of is the 50 foot access required, but if the
building's sprinkled, you're not going to get into those fire
area issues, as long 'S this building's sprinkled. A couple of
things that I might pint out, based on your conversation here.
One that the Board slould think about is parking. The Zoning
Ordinance doesn't real y have a parking requirement for this type
of facility, so the Planning Board is going to have to determine
whether or not you feel the number of parking spaces is
appropriate. I don't think you have to do that right now, but
you might want to, if you feel it's completely undersized or
completely oversized, ou might want to give them some idea about
that. I think those -re the type of things they're looking for
tonight.
MR. PALING-Yes. To
couple of phone calls
verify something like
rre, it looks like it's fine. I think a
might verify, our visits by us might
MR. GORALSKI-Another ~ind of related issue, since most of these
people are going to be using the bus for transportation, you just
want to make sure that a bus can circulate through this site.
MR. OBERMAYER-They're .oing to have private.
MR. NOUN-Yes. We're
to have a van.
MR. GORALSKI-You're g ing to have a private van.
wouldn't be public trarsportation?
So there
MR. NOUN-However, WE do recognize that there
transportation. We relieve that there are several
who'll be using the putlic transportation.
is public
residents
MR. GORALSKI-You might want to consider, in laying out the site,
for that matter, because this is a three story building, you're
going to want to mak sure the fire department can get their
tower ladder around th"s entire building.
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MR. BREWER-Exactly. Now if you're going to have vans on site,
where are you going to keep them?
MR. PALING-Park them in a parking space.
MR. BREWER-Well, in the winter, you don't want to.
MR. NOUN-We don't have a garage, but I don't see why we couldn't
build a garage.
MR. BREWER-I was just curious.
two or three vans.
If you're going to have one or
MR. NOUN-Well, we're probably going to have to have, even at our
adult home we have a shed where we do house lawnmowers.
MR. OBERMAYER-Snowblowers.
MR. NOUN-Exactly. I guess if we built a garage, it might be to
the rear. We were very sensitive to the townhouses, which are to
the west, and that was one reason why we wanted to leave that
area as much wide open as we can. Maybe we can build a garage
somewhere near the end of the parking.
MR. OBERMAYER-It might be a good idea.
MR. MACEWAN-I noticed on the first plan we have that you have a
future connection road. I'm assuming that's over into Westwood,
toward there, but I don't see it on the second.
MR. NOUN-I don't think that that would be, I think, in fact, I've
already talked with the President of the homeowners association.
I made him aware of what we were attempting to do, and I said,
instead of, we didn't mean to connect the road. That was almost
an error. Just because there was a road there, so they extended
it. On the new site plan here it doesn't show the road, but we'd
be very happy to have a gate and maybe a walkway, so that if they
wanted to come over to join in some of the activities or even
corne over for dinner some evening, they could. We wouldn't mind.
MR. STARK-What did he say?
MR. NOUN-Well, I don't want to put words in his mouth, but I
believe that he was in favor of some type of senior housing when
the Woodbury's were attempting to develop the site. I'd like to
think that he was going to be in favor of this, because we
recognize that the homeowners there, in five years or ten years,
may want to move. There are other sites in Queensbury, but I've
been coming up here every week for the last 15 years. I've been
involved with the Paulsen family up at Robert Gardens. So I've
always liked Queensbury.
MR. GORALSKI-I have one other comment I want to make, is that a
specific landscape plan. You show a significant amount of
landscaping on this conceptual plan, a specific plan. I don't
need it right this second.
MR. COLEMAN-Here you go. What we did is took the planting
schedule off the previously approved. If there's anything that
someone wants changed or added, or species, by all means.
MR. GORALSKI-But everything is, okay. Well, I really don't want
to take this now. Keep this with you and make a full submission,
with all your stuff.
MR. COLEMAN-Next month.
MR. OBERMAYER-Good. I like it.
MR. GORALSKI-The submission deadline is tomorrow.
Do you know
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that?
MR. COLEMAN-Tomorrow?
MR. GORALSKI-Yes, 4:30 p . m .
MR. STARK-Is that a pr blem to get it in by tomorrow?
MR. COLEMAN-Yes, it is.
MR. MACEWAN-Does he have to go to the County?
MR. GORALSKI-Yes.
MR. BREWER-But if he submits with us tomorrow, we take care of
him going to the County, right?
MR. GORALSKI-Right.
MR. OBERMAYER-He said it was a problem to submit it tomorrow.
MR. PALING-It sounds a ful aggressive.
MR. COLEMAN-Yes, knowing what you're going to be looking for,
pipe size, catch basin size, gradient.
MR. GORALSKI-Right.
MR. BREWER-Why don't
him.
e extend it until the ~nd of the week for
MR. PALING-John, what'~ your comment on that?
MR. GORALSKI-I would s y if we had it by Monday morning, we would
be okay.
MR. OBERMAYER-If you guys get it by Monday, that's okay?
MR. GORALSKI-It's got to be Monday morning, because we need time
to get it to the County and everything else.
MR. BREWER-Can we say .onday morning by nine o'clock?
MR. PALING-Is this all right by everyone else?
MR. STARK-It's fine with me.
MR. COLEMAN-We'll hav to evaluate whether we can meet Monday
morning. There's an a ful lot.
MR. BREWER-Well, we ought to set some kind of a timetable for
them.
MR. PALING-Monday morning by nine o'clock.
in Monday or you don't.
MR. OBERMAYER-Either y
MR. BREWER-So Monday m rning.
MR. BREWER-They have t have time to process it and get it to the
County.
MR. STARK-All that does is set you back, instead of October,
November.
MR. PALING-All right. Everybody agrees, Monday, nine o'clock?
MR. BREWER-Monday, nin o'clock.
MR. MACEWAN-Any kind f conceptual approval isn't binding in any
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stretch of the imagination.
MR. NOUN-I understand that.
MR. MACEWAN-I think it's a very ambitious idea. I think it's one
of the nicer plans I've seen come through our Board. The only
reservations that I would have about it, and I think it's
probably already been taken care of is that I'm not too crazy
about a connector road between Westwood and your complex. I can
see that as becoming a real highway shortcut going through there.
We talked about a road in the beginning.
MR. NOUN-We don't even need that.
MR. PALING-All right. I think we're all set then. All right.
We've got two quick items. The meeting dates for next month.
Next month's meeting dates are Thursday, the 12th for site visits
at four o'clock, and then Tuesday the 17th and Tuesday the 24th.
I do not anticipate getting to three meetings next month. I
think two will be sufficient. We've got one other item to take
up, and that's this Advisory Board to the Comprehensive Plan.
What I would suggest is that anyone that wants to volunteer, let
me know now, and if there are more than two volunteers, we'll
submit all names to the Board. They can pick it, or we can elect
them here. We have one volunteer already, Roger. Who else would
like to do it?
MR. BREWER-I've had enough. I'm all set.
MRS. LABOMBARD-I can't.
MR. OBERMAYER-No.
MR. STARK-No.
MR. MACEWAN-No. I'm very, very busy right now.
MR. PALING-All right. We only have one volunteer, then.
Roger is the only volunteer.
John,
MR. GORALSKI-Roger is the only volunteer. Very good.
On motion meeting was adjourned.
RESPECTFULLY SUBMITTED,
Robert Paling, Chairman
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