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1996-03-26 QUEENSBURY PLANNING BOARD MEETING SECOND REGULAR MEETING MARCH 26, 1996 INDEX Site Plan No. 7-96 Tax Map No. 36-1-31 David Kenny-The Meeting Place Rest. 1. Site Plan No. 11-96 Tax Map No. 113-1-6 John McCall - Tire & Brake Dist. Inc. 14. Site Plan No. 2-96 Tax Map No. 61-1-37.3 Perry Noun Associates, Inc. 32. THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TO BOARD AND STAFF REVISIONS. REVISIONS WILL APPEAR ON THE FOLLOWING MONTHS MINUTES (IF ANY) AND WILL STATE SUCH APPROVAL OF SAID MINUTES. -' (Queensbury Pla~ning Board Me~ting -.",,~. " ¡ 3/26/96) , r. ¡ ~ ~'" 'l QUEENS BURY PLANNING'ßGARD MêeTINd SECOND REGULAR MEETING ' -',_, J MARCH 26, 1996 ',Ii 7:00 P.M. MEMBERS PRESENT , ' ~ , . ROBERT PALING, CHAIRMAN CATHERINE LABOMBARD, 5ÈCRETARY GEORGE STARK ROGER RUEL CRAIG MACEWAN TIMOTHY BREWER , I PLANNER-GEORGE HILTON CODE COMPLIANCEiOFFICER-jOHN: OORÁt5!KI' I PLANNING BOARD ATTORNEY-MARK SCHACHNER .,/ STENOGRAPHER-MARIA GAGLIARDI MR. PALING-We're going to have a little different schedule tonight, as long as the Board concurs. The Ermiger, the go kart subject, will not be on the agenda tonight. The information that was to have been received was not received. 50 we can't have a meeting on it. However, there are quite a number of people in the audience that expected that there would be a meeting on this, and they have requested that they be allowed to speak anyway, and as far as I'm concerned, it's okay. So I'm going to just let them speak to the subject, unless there's objection by the Board or anyone on the Board, just let them speak to the subject, recognizing that the applicant is not here, and the Board accepts your input, but that's all we can do, and I'd suggest strongly that if there is another meeting on this, that you come to that also, and voice your opinion at that time. It's going to have a lot more impact than anything you'd say tonight. So, with everyone's concurrence, Mark, that's all right, isn't it? MR. SCHACHNER-Yes. I don't have any problem with it, Bob, but I think we should make it clear, for the purposes of our record, and I myself am not clear about this. Is this part of the public hearing for the Ermiger matter, or are you just allowing, as you sometimes do, allowing people who are in attendance to make comments about things that are pending before the Planning Board? MR. PALING-Right. This is the latter. What I'm saying is you refer to it as any other subject to come before the Board, and I'm doing it under that category. MR. SCHACHNER-Okay. 50, in other words, this is not part of the public hearing record? MR. PALING-No, as far as I'm concerned, it's not, but we're going to listen to what they have to say. MR. SCHACHNER-Okay. I think that's fine, and that's well within our prerogative. The only thing l would do is make sure that two things are understood, well, one thing, but that this is not part of the official public hearing, as this application, and therefore, it would seem to me that if anyone is going to be making any comments about this matter, they need to understand and recognize that those comments are not part of the official record of that application. So those comments, if they want them to count, so to speak, should be made again, at such time as this matter is reconvened as part of the public hearing. MR. BREWER-To save time and energy, Bob, why couldn't we have it as - 1 - (Queensbury Planning Board Meeting 3/26/96) part of the public hearing? MR. PALING-Well, the applicant isn't here, for one thing. That's my major objection to it. MRS. LABOMBARD-But the applicant would still have accessibility to the minutes. MR. BREWER-We could give him the minutes. It would cOlJIßent, rather than do it tonight and then do it at meeting, the same thing allover again. jus t be another MR. PALING-Well, I'd encourage them to do it. I don't care what we do with it tonight. I'd encourage them to come anyway. MR. BREWER-I just don't understand what the difference is. MRS. LABOMBARD-I mean, if they're going to voice their opinions in earnest, then let them count. Let it be a part of the public hearing, and if they want to come back, fine, but Mr. Ermiger can always read in the minu~es. MR. PALING-Okay. Roger, how do you feel? MR. RUEL-Personally, I think it would be better if these people would be here when the applicant is here, such as at the next meeting. In view of the fact that, at the last meeting, we developed an awful lot of comments, and there were a lot of studies and things that were to be made by the applicant, the noise level study, and the buffer zone, etc., and it's hard for me to understand how these people, in view of not having the results of all of these studies and these cOlJIßents, can really elaborate any further than we did last time. I mean, the comments can only be, essentially, the same. It would be rhetoric. MR. PALING-I think the question is really, should we allow this to be part of the public hearing, or should we just hear them outside of the public hearing? MR. RUEL-I don't think it makes any difference at all. MR. PALING-Okay. Craig, how do YOU feel? MR. MACEWAN-It doesn't matter, either way. MR. PALING-George? MR. STARK-It doesn't matter. MR. PALING-Mark, I'd just as soon do it the way I originally proposed. MR. SCHACHNER-Meaning as just public comment that's not part of the public hearing record? MR. PALING-Yes. MR. SCHACHNER-Well, I guess the only benefit, I guess I need to know from somebody how exactly I well, I was here, when this was adjourned las~ week, it's my recollection that the public hearing was left open. MR. PALING-It was left open. MR. SCHACHNER-Now the question is, was it left open to a particular date, or was it jus t I ef tit open to when we reconvened tha t matter, I think to when we reconvened that matter, is what I'm hearing. - 2 - (Queensbury Planni\n~ B.pa,rß Meet,it,1~, 3/26/96) ( ",) , . MR. PALING-Yes. The intention would j~~:Ví~ .be~p ;that,' yes. , MR. SCHACH~ER~As opposed to statinJ th~g~bl\c h~aring ,remains ?pen and will he coi'lt i n'ued next Tuesda}', Mar èh ,26th. . 1 . j ~ ¡ MR. RUEL-The pub! ic . hearing was t;o be, le~t open at meeting, when the' a~~iicant ~ouldh~~ethe're~ults. the J;\ext ;¡ í, MR. PALING-Well, oÙlerwis'e. to the next m~et i ng , ,whet.her it, Wa9 spec ~ ~i~ or , , r~·n .} MR. SCHACHNER-Whenever it was. l ¡ " , f: ; } n , ¡ tit] MR. PAL lNG-Yes. '' ) ~ ~ MR. SCHACHNER-Okay,.. and I guess my next q\J.E1~tio.n is "~¡~"~fJ'i wa~ the appl ic'ant"told' about to'ni'ght 's' meeting?' MR. BREWER-He was 1'0 fd that';h~'wa~ 'Igo i ng 10 '$ ui:>mi t, ,or' ask " , .' '/'; I . I I; ! " , .j" :' : " I MR.'SCHACHNER-No. I 'don't 'mean at the Ì11~efit;\,g,. ",~an sin'S'~J¡that time? .' , MR. PALING-I don't think he's been told anything. MR. .B.UE~-NÓthi·nß,. . ~. ¡ .., f ;.; , "';/' ,~ ; ; ; I . ' .-t MR,. SCHACHNER-So ther,e's been h,9 ap'pl icant s.ince ou,¡'l~st meetÚ1g?' ! ~ JI communicatipl) to o'r ¡from'; the q,' , i' ¡'j MR.. PA~ING-You'l1 have to ask Staff that question., ¡¡ , , ' ._ : '; ";,,,'; " ,', . ~ ¡ " ~ , ! : ¡ ~,' " " , >, , ,f : "".', L ~' r I.) " MR. H I~TON-T~E1¡appl~i p,ant ha~ intended. to' J sHbmi t. r ¡ev i ~ e9 I p~~¡n'¡; to us. I ve been inconta,ct wi th ,them. They ve not,l f led me that they ; ", I ;-, (, ,j'. ,~ ., ¡;" ", ':'; ,I I, c' , didn't have anything ready and that they did not want 'to be put on topight's me,et ~:?,g, th~ ag~~da for tþi ~ e,ven~pg. They ~n,~er7'r¡and that th,e public hearing. l~ open ,untIl thß nextmßetlng. The opportuni ty also exists !;to poss ibly have, a 'sp,ec'ial .rneetin~ for this, and in prel iminary discuss ions wi th the 'appl icant, and 'notes I've seen, yoU know, messages that I have on my desk, .I dRn't tl1ink there's going 'to be a special meeting. l' can't confirm that, however, the option's s till there, ,but t' m ,1 ~ani ng, toward the!1ext time we hear this will be at the regulaffy schèduled meetirig in Apr il . MR. PALING-That'll be the third Tuesday in April. MR. HILTON-Yes. MR. GORALSKI -That's assuming that we get any new ¡,nfor~.tjon.'~r/ MR. RUEL-Well, didn't the applicant also indicate that if he cou~dn't complete this within a very short peri0'9 of tim~, that he 'couldn't possibly s'tar't' the constructionwprk in April? MR. PALING-I believe he did say something to that effect. MR. ,BREWER-'yes;, bU,t, that's not our. MR. RUI;L-Y~s, I k0;9w"lbut:åpparently i,t {¡¡¡as v;ery ,,:,rgent thiat it should be done a~ '~06n as possible. MR. BREWER-Yes. He did say that. MR. RUEL-Yes. '¡, .;¡ " ,., ,MR. BREWER-But I guess what mY point "is, ir'h~t' ~iff~rence doeJ~ it make whether it's in the public hear ink or not in the'public - 3 - (Queensbury Planning Board Meeting 3/26/96) hear ing. We're not going to ignore the information that these people are going to tell us. MR. PALING-Well, if it doesn't make any difference, then let it go as originally proposed. MR. BREWER-That's wny I'm saying it should be part of it. We're not going to ignore the information. MR. SCHACHNER-Well, let me, if I could, add one thing to the mix, and that is that, I'm still not clear. I guess the applicant did not provide us with any additional information. Was the applicant told that this matter would not be considered tonight? Was the applicant told this matter miRht be considered tonight, or was the applicant not told anything in this regard? MR. HILTON-The applicant was given a deadline of last week to submit revised plans. MR. SCHACHNER-Right. I was here for that. The deadline passed. MR., HILTON-The deadline passed, and we let them know that they were not going to be on this meeting, and they understood that, and did not make any plans to be at this meeting. MR. SCHACHNER-All right. So, the Staff informed the applicant that this matter would not be considered at this meeting? MR., HILTON-Yes. MR. SCHACHNER-Okay. If that's what the applicant's been told, then I think, just tô preserve the integrity of the record before us, then the more appropri~te way to do this would be the way that the Chairman has discussed, meaning if you want to allow people to cominent about this or any other matter, you always have the pr~rogative to do that, but all l see happening here, if we call this part of the formal public record, meaning the public hearing, we're going to get challenged for having done that, when we told the applicant, meaning when Staff told the applicant, that this matter would not be considered at tonight's meeting, and the applicant will yell and scream that, you know, they didn't have any notice, that they would have been here, and this that and the other thing. So it seems to me that, Bob, the way you proposed to do this would be more appropriate then to have this be part of the official public hearing record. MR. PALING-AI ~ right. strenuously ôbj~cts. Then we will go ahead, unless somebody MR. RUEL-But all these of comments will be recorded? MR. PALING-Yes. MR. SCHACHNER-Well, everything at our meetings are recorded, and they will also appear in the minutes, but I will caution the Board that, therefore, the comments that are being made now should not carry the weight of comments made as part of the public hearing official record, and I will, therefore, caution any commentors, whether they're for, against, or have any. MR. RUEL-If that's the case, why even bother? If we're going to weigh the comments now and the comments later. MR. SCHACHNER-In fa~rness, the answer is, mY answer to your question is, it IS entirely up to the Board. IfYQU want to allow, you have, from time to time, allowed people to make comments about matters, whether part of the official public hearing or not, and you can do that any time you want. You're allowed to do that any time you want, but the second part of my thing was going to be that - 4 - (Queensbury Plannin~ Board Meetin~: 3~~~(~~) I would caution any conmentors, if you deçi<;ie that this is not ~f the öf'Ùcial 'public hear'ing recqrd, I, will cautJon conmentors to have your conments count' t'he most you shòuld them agai n in. some fashi on,: wr i t t eiI1 , or, , ver ba.l, ,dur,i ng offi¿i~lly reconvened public hearing oí'thii ~~tter, wheriever happens. Mk. pÅ.L lNG-Okay. Fo't those who 'm~,gh,i ~oJ 'kpow,,(, ~ark ScpachpE)r is the legal counsel for the Plannin~'éh~rd, 'and s6 ~ere listerting to ¡ an ~ t torney.' ~ op i p~9n o~ this. All right, I: m r E1~dy: ,:18 go ~head wi,th th i s, not a~ ,? pub1 i ~' hearXrw· '! 1 part any make " the that MR.' stARK-Just taki'ng conments. ." "ì' -;\' - .'-' I , . MR. PALING-All right. dkay. This is on the ERMtCER appli'cation. I think there are some 'people that would like to 'speak"to' it. If you would Uke to, p~ease come to the ,~~c,~,oph?;ne ap<;l identify yourselves. ' , Î MARIANNE MCDONOUGH ., . \ ~¡ 1!;~' MRS. MCD,ÓNOUGB-My naI1}e is Mar ianneMcDo'p;ough, and' ~~ i'o~n '. the Greycourt Motel, which is directly acrOSS 'the street, from the proposed go kart. When they came' to me' la'st w~ek, I was vé'ry open- \11in~ed,~bou.t ,~;t. J t,~()ught, great,.anotl~,ert?urist ~t¡tr:ff,~')OI)'i' ~ut after hear..lng what ~ heard, I, thInk I"m r:~~}ílyup,set fffb()'¡I~, It, because not only do we own the Greycourt Motel~ which has customers coming for . t~e last 40 ye,ars ,that .love the quie~ and .p~af~~ullJess, you know, It s fun. I lIve In TWlcwood. That s another proHlem. Twicwo,od is, directly i11 back of the ,Gr¡ey?ourt ~91el, qnp,~~ h.~,ppen to have th,e lot that is. ,ac!ja,c~nt to it" I can t see how; the go kar t s i tua{j on wo,J~ d behe'f it us as a,,bus'i Í1es's'. 'We ve 'beer, 'iher;e 32 y~ars,:; t~l'~otEfl 'r~s, bJ~en ,ther~!fgf.:fil~cf~t,;;5,O, à:nd. to.1 hav~.'f,~me?ne come 1 nand pu t sórrièthl ng 1 n that s g() 1 ng to be n91 sy, and I., tJu nk it"s going"to b~ poi~y~, I, lust" ,1 'mreaUy u'p~et aÍJput, 'it':~'(J:his ,poInt. .I t' s g91I1~ tó :~f~ect our bus,~ri~~,?,~ , ~r~re 's ggirig i to be fume~.feoplesittlrig·~t~he poolar~~oing.t6h~ar n9is~k,and fumes and itju~t 'bo'1;l,1'ersm.e. I real 1),' thinkt'hat th¿ Bo'~rd should really, really c'ome:'t9"the',Creycourt and come to T,wicwobd~rd,see wha t i.t' s 11 ke, and r ~l so thin}< it' s. da~gero,us. Peop I e, q:r(Ïv ing on ,Rout~.9 are,going to \s~ecars,' 'see whateve/ this attractio,ni,:S'" and 'ij's definitely, I think it's a dangerou,s factot, as'ide :ftbqI,' the :fac t that I thi nk it's goi,ng to! be very' no i sy, ,ançf L I iye 't~'ere. I've 1î ved for, at the' Motel for 32 years ,in T,wicwòòcJ for 25 years, and I have neighbors that would have been h~ie tonight: if this meeting wa~ suppo!'>ed to be the, ~ay .1 w~~ to~d i t, wq.~ on. for tonight. All of my neighbors could havesa:ii:i. t,hat, and'I,'can't ,.. "', "1,1 think of anything I want to say, but I really think it s a problem, :?~h Mr t, E~~l~gi,r d~~~ t ~~J:n:rf~:\;~~rd iH~ehoJìd :~11:~a~j~ll'~7~g~~7~: this to go on. Thank you very much. MR. PALING-Thank YO~', An~one else? ¡ ~ MARtIN ÅU~FREDOU I \ .::., , , l' MJ<.~UFFRÊDOU-Goòd. evening,. ~r. q~a~.rm~n, me~bers. "My name is Martin Auffredou.I 'm ~n~ttórney with the Bart'lett, Pon'tif(Jirm in Glens Falls, and I~ h~f~ tonight ~e~resenting thre~' separate ind+viduafs, ~nti~ies that are affect~d by thisapplict1ion"t, one being Agway, and ,Mike and Jim Valente who are þ,e.fe t9ri~r~"Mr. Gardner who owns thecampgróunds and Mr. Ferraro who owns Skateland down the street just a pi(fce. "I think (r~jh~r, than ~et into, any substantive coments, ourp¡an'was to, tak:è a lQok'at any revised pl'ans or,' additional ~,':l'r:veys or" ~¡tudies that ;w~r,e, gôin~' '~tÒ be comp~e1ed by thEY app,l,I:sant, take a ',I,ook at them~I1ç1,give" YO;u, some sub~,tantiv~ R'ómrí:ients' tonight on those, but I think, rather than get ; ¡ " I, .y \' " ~ I ,. .. , , ' 'into any specu,lation as to what those plans might reveal1 as , .), . co ":!J '. . " ii!' - 5 - (Queensbury Planning Board Meeting 3/26/96) they're not before you, I would simply say that, what is being proposed certainly seems to affect the individual entities that I've mentioned in a very significant way, and that's, obviously, why they've asked me to be here tonight, and to represent them at this meeting and any subsequent meetings. They're very concerned about ~his application. It doesn't appear, in our opinion, to be completely well thought out. My clients have very realistic expectations. I want you to know that. I've talked to each of them individually on a number of occasions. They realize that this property is zoned Highway Commercial One Acre. They realize that there are commercial uses that are going to go in there. That's not the issue. They unders tand that, and they encourage the development in that area, but I think the development that occurs there has to be sort of in concert and has to take into consideration what is there presently. A campground in the background of a go kart track is going to have a real impact, as far as noise goes. There is a go kart track there already, some 500, 750' feet down the road a pieèe. From a'planning perspective, does the Town want to allow or encourage a similar or identical use so close to what is alre~dy there, and it's really a unique use. I can "tthink of any other go kart tracks in the Town of Queensbur~, and as far as the impact on Agway, here you have an, obviously, nursery stobk area. There's gdi~g to be a go kart track right on top of that nursery stock area which has been there for years. My ,clients will be trying to sell nursery stock to their clientele and the customers. There's going to be all kinds of noise, fµei emissions. It just needs to be really looked at very careful1y, and I encourage you and implore you, really, to take a close look at this application. A couple of things as I was reviewing this that'really, I was troubled by, and I didn't have the benefit of being here last week, but I understand that the applicants take the position that they should be allowed to encroach upon a couple of setbacks, namely the front setback and the rear setback, becausé this track is not considered a permanent structure, ~nd that confuses me, to be quite frank with you, and again, I didn't have the benefit of being here last week, but I would really urge you to take a close look at that. I'm not asking for any input or any comment from any of you tonight on that, but I would really ask you to, if that was the ruling, ask you to take a close look at that and perhaps refer that to your Town Attorney for a closer review. I just don't understand how this, how a race track could be considered à nonpermanent structure. It can't be fold~d lÌp and put in the' back of the property at night. It's not a greenhous~. It's ndt a tent. It's a structure. The definition, the way I read the definition, it seems like a structure to me, but I'd encourage 'you to take a close look at that. I th i nk that's really about all that I have to say tonight, just to note my appearance, for the most par~, and if th~re is a special mee~ing, I~ould ~e4uest that we be given notice of that, and of course if the matter, as was said earlier tonight, if the matter's simply going to be pdt on for the Boardjs rekular meeting in April, that's fine with us, and we will be here. MR. PALING-Okay. Thank you. MR. AUÞFREDOU-Thank you very much. MR. PALING-Anyone else care to talk about this matter? TOM MCDONOUGH MR. MCDONOUGH-Good evening. My name's Tom McDonough. My wife spoke to you, the first speaker, and I don't want to go into the substance of this matter, ei ther. I was unable to be at last week's meeting. I was out of town. I made it a point to be here tonight, but unfortunately, late today, I found out that this was not going to occur, and I would like to ask, if possible, if this is going to be put on an agenda for the third Tuesday in April, - 6 - (Queensbury Plannip~ B?ar¡d M,~etin~ 3/26(96) "I' ' \ that,I ~npw I'm going to be o\,lt of town, if it's pO,ssibl~ to,have it at some othkr, date 'giiÞer'thàn. that,'. after '. day,. bÌlt.'~' few , ~.. r," :' , ',. ~ : : ' . E':, ,',' " I ,.) <_.~. t') ~. I corrments I'd lik~.'to make, "J¡>ar"ticularly about the"road traffic at that location, s'o far 'as yqu peop!e looking at "t;his asä, tr~Jfic problem c?m'ì~g P,I) iRout~9~'::~ppr~¥.imélte~y l.o0~~rki;ng j,pac~;:>;' are going to be turn~ng ()v~r: .several' t1mes every s,everal hours" I saw nothipg about tr,àff¡',c (iost ,.'word) pJro¡bl~W~;;t and '¡thélt p~Ú,~+cplar area isa problem area for pOT~ long l;>efRr~ the golf c~urse was aPRroved' "\:0' be in, took place 'in' there,' 'a'ri'd the plaçtng oC the entranc'e ! to the curren1t. use tha>t' s approved for the go'lf .~()urse g9ingi 'ib" the~e, to~k"'into èon~ideration 'th~ tr,aff,ic tha,,'t; w~~.,~oing ~h that'road,' in'~ddition to!the'co~t9ur of the'~oad with r~spect to si tie fev+~w.,)' ve seen,'lnotl}fng >n àny of t~e p,a,Bffrs,wi th resp~ct to traf~iq flow ..a,nd ,traff1c ,problems 1n ,that ,a.rea. Speaking clo$,er to the tndf ic 'probl~m, the way the prop,oseçJ plan is 'to set the pro j ec t 'on 'the road is actua1'1y' to mak'e "i t an eye attra~tive, or advêrtisin~ ,eye at't,ra'c:Uv1¿ facility wh~¡ch is 'going 1 to furth~r,c<?mpq9¡aJteH,tt)'EStraJf)q P9W' on that ,r,ò,ad, becausey?'u' re going to have (lôst'words). 'So traffic, is gOIng to be acontilluouS prol;>lern? ,which rèå.,lly hásn't:þ,een ¡a,dÇlressed,¡Th'e n<?i's~ l~vel, '~hi~h héls been spo~tfn élbout here, ~'n son,e of the oth1r,projects that have gql1e; on inlth,~, area, there s b~en aprRplem ~lJ,h,respect toho i s e , Noise, c,ó.mpr'Ê~hens i ve noise, or' sounds.t,uçii es " wer~ made witt', ,r'esp~çt to',tK~,se 'projects. That 'h'å~,!'1ot bé/e'n, done hI this 'part}cular 'pr,oje¿~~, In addition,,! alf pol)'utJ(?n.,not; necessarily the (lost wor;d). typ~ ,of P?l1utio~ is it;lvol,ve,d ,*Jtl) }hi,s! ,par't)¡?ular type of use, w1th 2,7. v~h1cles 'V1th 'two cyl1nder type of eng1p.es, y,o:u'rè' &o~ng' t'o,,~a~~a :,\ot of, blu~, ?,rr,Rkè'" ,No,thihg, I' h9;{'been me'nti1on'ecl' a~out tha't type;0f fhing, 'wi th (espec~ tothjs' 'partféular proj,~!ç~,~ 1!1 ad~it~on, . ,~here ,~s struc,tllref, being ,p~,~. il'}t() this pr em¡ ses, whi ch ï s t~e bas 1 s for the go kar t . ,;rh¡e go ,~&xt' doe;:;. not run,,~ll ovier,," God's little ,¡half acre,' so to~peak~,", It'$ 'done wi thJn a confined p!élce which requires as,tructure to beer¢cted. YI1ct'et, L(tl;1,o's,e c i, rcum~ 'tances".I ~h i nt-c,} '~'1.1 . ,the j 's i q~ "S~ tþack req';l1r~ment~ ¡a.re ,~olng to be nece,ssa,ry wf¡th, respec,~},o the structure thats goip.g to contain the ~o kàrt, In,addi,\;lon. to contain the gokarts wiih the peoþl~ wh6 are ~oing i~i be ~b~erYing . :_ .' , " .'. . ~ . ' . _', " . ': /;.i it. ~o~,~ p and when you address 1;he P"foblerry of noi,s~;, apd~gpin, last. l'peet1ng, ", they were talking abQut puttiflg. some" type! of s?urdpr,~ofin~ bet\,veen the Agway to,thrR~uth,,~ocontain th,enoise, þut wheriyoll do thaf~ take ihto consid~rati6n the factI that, ~hen y~u put soundbu,ff~rlng ),I,1" the."so\;',ncf ?oes,sRme ,p,lac~';)jln? ,it; you put the buffer 1n ~>n, t~e o,ne ,s,l~e"Wttp ~he gol~ coµq¡,E;!, 9n, the other side, you're going to have alitt~e megaphone effect, where thes'ound is confined across ,the'stree'~ into,' two litt'le ar,eas. It's going ,to b~, exag&erftejd, ,~pl,iped,)n theiAlr!ection~p.r~~s the street, Wh1Ch lswheie Gr~yco,urt s located, wþere I ,have my, law office" and where Twîcwood Js involyed,,'aI1d,Ùiere's some of ' the cOllside'rations ~(wouidïi~è yoU to ,I,<:'eep in' Y04r eyes, f¡o~~š?,b~t if Cind when the Pfpposèd l11,aterials. iil,e gpfng to', be. sllPpl¡E!,d~'y the prop~n,e.nt, '~nd In)' . up,der s,~~n9i ng' wa~ . t~ft th,~yw~re s'uppos',eçJ,' };~ be subm1tted last Pr1day for purposes ,of It be1ng, ,heard today,. and I gather, from what I had heard, of cour~~ I ~asn't here, agai~, is it was ad j ou rned to th i s nigh t, for the purposes ofpermi t ti ng them to submit last Friday, so it cou Idbe ie-heard: . So I d'on' t know whether that continued as an open hearin~, or jl¡\~t a$,-élp:.pntin4ing, for tonight, if that material w~~e to be supprled r~st Priday, MR. PALING-Okay, Co ~heid. :,' \ :'~I MR. MCDONOUGH-And I think, without addressing the issues iÓn their l11erhts, ,th,er,e a,re spmep'~ints tha~, ,I' ~ li)ke to, þri!)~ > to" your att~ntion,. but I -; certainly would liKe ,to,. 'be I here at tl'\e next meet i ng, if you could f fnd' i't in your heari~ to :make it other' 'than the 2 3 r d , , " .'::' . .. , I ' :.r , , .'...,.' ,'..1' , ,,' . ..¡ -; . ,., , ',., , " MR. PALlNG-I think ¡that ,might be difficult' to crange. the"ni~~ting date~ It would be m,ore the applicant's case,,\here, I',rri sùreyour - 7 - (Queensbury Planning Board Meeting 3/26/96) wife could be here, or whatever. MR. MCDONOUGH-We're both going to be out of town for about a year. MR. PALING-Okay. don't know what we can do about that. MR. MCDONOUGH-Thank you very much. MR. PALING-Okay. Thank you. Is there anyone else? STEVE SUTTON MR. SUTTON-Steve Sutton, Sutton's Market Place. This is kind of great. We get to pra.ctice before the real show in a couple of weeks. When Mark Levack told me about this project, I really, at first glance, didn't really have a problem with it. Then it kind of took my wife to jar me a little bit" and concern us about our neighbor's hext door, and also about the fact that we have outside dining. So I am somewhat concerned about the noise and whatnot. I think when you go on vacation somewhere and you've been driving a long time, I know I, when I'm looking for a motel going up the road" if I see, a racetrack and ,a bunch of loud noise across the stree1:, 'tha:t' s. 'Pìfo'bably . the la;st motel' I 'm going ~o stop at. So I'm very co~c~tnedfQr M~iianne and the McDonoughs. I think they h,ave a legi"tìmaté conéern. The thing I'm most concerned about is how ttl'e cfe,tertTÎínafion wa~ made as far as setbàcks ~ I 'm not sure .hat ~k~t~]and '.entthrough, becauje I know theytre less than 50 feet from the 'road, but to put something 10 feet next to your neighbor, it seems like. MR. PALING-Bear in responding tonight. be. mind, We're we're not going to be doing much just taking input, and then this will MR. SUTTON-Right. Like I said, this seems like practice tonight, but when the public hearing's on, that's what's important, but I'm definitely concerned about the setback, and any precedent that that might set, as far as what I might expect or what somebody else might expect coming down the road, and if we make these determinations, that because it's not 10 feet in the air, it's not a structure, so therefore we don't have to abide by setbacks. So that opens up': a lot of avenues for almost any commercial establishment, as far as what they want to do next to their neighbor's property. So, I feel for guys at Agway, and certainly for Marianne, and I can't help but be a little, bit concerned about our outside eating area, and my other concern, the other thing that popped uÞ' in my mind is that I'm sure there's going to be a lot more peoþle here at the public hearing, but when Charlie Wood was talking, a year or so ago, or two years ago about the roller coaster, it seemed like everybody in the Town was up in arms about it ev~r ope~ing up at night, and all of a sudden we have two night time business, and again, I don't have a big problem with it, but all of a sudden, there hasn't been any out~ry about it, but that does change the whole scenario of what 'the Greycourt faces. There'll be lighting for the structure. There'll be noise. There'll be fumes, but you'll also get into 11 o'clock at night, when people are usually sleeping. We happen to be open for dinner on Priday nights. There's going to be go karts across the street. So I'm just hear to express concerns. MR. PALING-Okay. Thank you. Anyone else? All right. Then this will be the conclusion of this subject for tonight. MR. SCHACHNER-Yes. Bob, I just want to, again, for the purposes of our record, admonish the four conmentors, the McDonoughs, Mr. Auffredou, and Mr. Sutton, that the Planning Board is not going to treat these conments, these informal comments, with the weight that - 8 - - ',-- (Queensbury Plannin~,Board Meetin~ 3/26/96) ¡ ¡ they would carry if these were mf~e at the, official pl!-bl¡~c h~ar.ing. So I would encourage you, and any other people, for or agaInst or neutral, on the pro~~ct, to make ,sure th~1: yoU ma,ke ,xour .co~ents dur ì ng the formal publi c hear i ng proèes s, and my adv i ce to the Board, obviously, is that these comments tonight should be treated as infoflIlal cormnent$, and~9t ¡.carry t~e weight of .1¡~e p¥,þl ic hearing. \. MR. PALING-Yes. I' í ,_"t, MR. AUFFREDOU-Or write letters, is 'that r'fght? MR. SCHACHNER-Absolutely. I ' - MR. 'AÙFFRÈDOU- I $n 't that the same as v~rbar? , ,l tT,! 'v: I MR. Scl-lACHNER-Correct. Thåt's a})~olutely c~fre.çt. j.¡ M~.' PALING-Âll rrg~t. a't' hand>. . , ,I Then ,lets' procee?" Cathy, iw{'th the þ,Us'!,J;less " , , NEW'~\l;;YNESS: ¡ , I" -, SIT,E' ~.l.J.\N ~O. Z-~~ ',' Typ~f; r(, ' Dl\V.ID, KßNNi-,-j,ij.E¥EìÙ·.NC, pl~·WE,iEST. OWN'~R; ',SAME" ZONE'': " HC7-1A J LOÇA1:tOt,l£·. RgSTA~JlW~r AT. "DAYS INN PRQPOSAL J S, ,fOR,'Al( 800 SQ'~ FT~,' lEXP~SION ¡r(?,,}i9RT~,S II?E ÖF', THE M., EEt I N,C, , PL, AC.E '.R, E. S",T, .,A,URAN, " T,. ., , ,^,' L. k"L,.".A,N' D.',U. S,E..S,'.. 'I, N, H~C",.O~, E .,S.!,~. .E. "S.µB,.1E~ ,l TO SIr'E PLAN ,~EVÍ1fWAND APP~()VÄ1r, BY, TH~" P~,' liN~ -BQ~~ . C,ROSS 'REFERGNÇ,E: AV 1~'d994, Se,31-~1AV 8-1996, B.~UTÄFIcAtroN caw.: 3/11/96 'WARREN CO.' PLANN~NC: ' "3'/13/96 ,TAX MAP NO. 3 ()1_J:¡ 31 LOT . d -" _I SIZE: 3.39 ACRES SECTION: 179-23 . DAV1D KENNY, PRESENT ,I if. MR. PALING-Okay. George. We have Beautification, Warren County, and STAFF INPUT ~pte~ t~om 5"taf~, ~ite Þ(~n No. ~-;-96, DavidKennY,~The Meeti:ng Place Restaura'1t, ,Meeting Da~e: . March 26, 1996 The. appl.icant is prop?~Jr8 tHi eo:nsJru¿t anSOO~.9,uare toot a~d~ tion to'~11. ex'isting ,rest~urant on~o1Jte 9. On March 20, 1996 t~e Z~A approv,ed a yar 19nce for thil¡> pr,oj ect, ,~rom".1;re s tr: eet,setback,anq djens i ty requi rements o;f the HC:-JA 9fstr'Ièt. There is enough p¡:u;{dng on *'.Ì te to ,accormnoda te ,tbi s' expan:d on t!o th~ ,r es ta1Jrant,. ,The appl icant has indicated à planter to be located on the' sfde ~f the ; addi t'ionclosest t;~ Route 9." Staff \\iould recomm~ind ;that ' this : , " -' ' . ! :, . - , .', . ; " .' ; it!' : ~ ~, (t plante~ b~,! extended along the entIre length of t,ne prR~<;>sed expanSIon. n ('t " .11 I, MR.PALìNG-Okay: ¡ po yo,u' q~ve 3¡nythillg else on this, çe~rge~ or not? ", .d MR;. HI L TON~ t have,W~r I" ~nCounty",whl eh, on 'ktsìm~et {n,~ .of th~ Ii 13th of MarCh, 1996'1 rèview¢d the site plan an<:f ~<?~nq ,No çoun¡ty, Jmpp.ct. It's,sigrjed by C. ,P¿)\yel. South,Chairpersory. Bea,utif1e~tion Corrmitlte~,9n March 11" 1?~,6, reviewed 1:hi~ item, this 'site.~,lan. 1 t s t3¡~~s 1h~t, "Tìhe p'rop<;>;sal i,~' for 800::¡q. ft. expan~I'~ ot;l t/Ç>, N/S of the restaurant. Adding on glassed in dining area wIth planter on exterior of building lining full le'ngth of addftion'.' 'Plantings will be low bush-es accEmted with annu.als., Ms. Ca,I:pel;lter,,,l)1ade mot i on to approve as s,ubJlli tted, seconded 'by Mr. Lor enz n " ' , '¡ , 1;' MR. PALINC-Okay. Anything else Dn that? MR., HILTON:-That's, all w~ :h~ve. ; ,;{ - 9 - (Queensbury Planning Board M~eting 3/26/96) MR. PALING-Okay. On that planter, does- that mean that it would extend along in front of the ramp? Is that what you're suggesting? MR. RUEL-No¡,jthe öther way. MR. PALING-The other way. MR. HILTON-I'm suggesting that it go easterly, back toward the area that's shown as designated overflow parking. It will go back toward that area. MR. PALING-Yes. All right. I see what you're saying. Yes. Okay. Her'e. Now there is none ôn the other side. You want it on both sides, are you saying? MR. HILTON-Well, we're just dealing with this expansion, right now. We're asking that it line the full length of this addition. MR. PALING-Would you identify yourself for the record, please. MR. KENNY-David Kenny, the owner of The Meeting Place Restaurant. MR. PALING-Okay. That seems to be the only comment, so far, from anyone. Oid yow know about this' MR. KENNY-Yes. George had mention that to me that he would like the planters, a'lIld I nad no'problem with that; It's actually along the north side of the building. MR. PALING-Yes. MR. RUEL-Just a matter of record," in some places', it's 800 square feet, in other places, 720. MR. KENNY-Right. That was my archi tect. I t was supposed to be SOO square feet. I don't have the dimensions done yet. My architect drew''Ít i~and measured it off 'to there. The application's fat"SOO square feet. ¡,ti',s ròughly close to SOO square feet; MR. RUEL-Because your application to the ZBA was for 720 square feet. MR. KENNY-Well, what happened was, when he drew these plans out, he put 720 square feet on the plan, but the applicati6n is for SOO square feet. MR. BREWER-It's essentially to match the other side, isn't it? MR. KENNY-Right. MR. BREWER-And the other side's SOO. MR. KENNY-But we don't have the plans drawn up yet, but it's very close in square footage. See, the building measures 62 feet by 12, which is 720 square feet, but this jog in the front, the way it logs out, is about four feet, so it's about 75 feet by 12, which is about S95 square feet, but the offset was that the building was 60 feet by 12, which is 720. MR. RUEL-Okay. Then at the ZBA, then, you asked for a variance on the setback for 20 feet was it? MR. KENNY-No. The setback was for front yard, which this building is approximately 54 feet off the road. The existing building is 51. So it's front yard setback, not side yard setback. MR. RUEL-Now, the front is supposed to be, what, 75? 'I ,- 10 - -~ (Queensbury Planning Board Meeting 3,/¡26/96) MR. KENNY-Seventy-five. MR. RUEL-And you have, what, 54, 55? MR. KENNY-Right now we're 51. The ne. building,will be 54. MR. RUEL-So you're asking for about 20 fQot? MR. KENNY-ApproKimately, yes. , MR. RUEL-Yes, and you requirement for the ramp, had previously requested I guess, some time ago? a setback MR, KENNY-The building itself, righh w,hen we put the handicapped ramp in, when the building was built in 1'98.9,. '88" the setback was 50 feet. MR. RUEL-Ri!ght., and then it changed to: 75. MR. KENNY-Then it changed to 75 feet. , i MR. RUEL-Right, and then you wanted to put that ramp in? MR. KENNY-They mandated a handicapped ,r,a.mp in front of· the building. : ~ > MR. RUEV-AII right.. So you had to ,get a ~ar iamce for the setback there for about 25 feet? ¡ t MR. KENNY-Yes. j ~: I MR. RUEL-But that setback did not apply ,to: this one? You had to get another setback, is that it? MR. KENNY -- Ye,s . i(¡ 1 ~ I J f! MR., RUEL-Do you happen to know wha1¡thé maximum sqJJar,e footage for this property is,;sipce,'You had to get alN'ariaJ1icle for the d~nsity? MR. PALING-Excuse me. All variances that were applied for ,have been granted. Have they not? I' , ,(' MR. HILTON-Yes. )\ , ~ ì ' MR. PALING-Okay. I just wanted to be sure. , , MR. KENNY-Approximately 56,000 square feet. . ¡'-.. MR. RUEL-So what are you adding now, a couple of percent? MR. HILTON-What are we adding? I ¡ -' j MR. RUEL-With the new one, it's justa couple of percent, isn't it? 1; L ,.~ MR. ' H I L TON - It' son e per c en t " yes. footage. It's a small amount of square MR. RUEL-Very little. Okay. Thank you. MR. BREWER-What kind of flowers are you going to put in the planters? " MR, RUEL-Nq'plastic flowers. MR. KENNY-No. i! MR. PALING-Okay. There's a public hearing scheduled on this matter - 11 - (Queensbury Planning Board Meeting3!26!96) for tonight. So 'lets open the public hearing. speak on this matter? Anyone care to PUBL IC: 'HEARl NC OPENED ! NO COMMENT PUBLIC HEARINC CLOSED MR. RUEL-Mr. Kenny, do you have an illustration, a side view of this? MR. KENNY-No. MR. STARK-It's the same as the other one, Rog. Same as the other one on the south side. MR. . KENNY...The ' bui lding wi 11 be ident i cal to what's on the south side. ,-, M~. PALING-There's, no SEQRA on this? MR. GORALSKI-Right. This is Type I I. MR. PALING-Okay'. We'll'ent<ertain a motion MOTION TO APPROVE SITE PLAN NO. 7-96 DAVID KENNY-THE MEETINC PLACE REST., Introduced by Roger Rue! who moved for its ~doption, seconded by Craig MacEwan: Por an 800 square foot expansion, north side of Meeting Place Restaurant,'\\Iith the condition that the existing small planter in the front be extended the full length of the proposed addition, and contingent upon the Zoning Board of Appeals approval at 800 square feet. Duly adopted this 26th day of March, 1996, by the following vote: MR. SCHACHNER-We're confused or troubled at the notion that the variance was apparently, and we have the variance decision in your packet:. The var ia'n-ce author i zed 720 square feet. I think the Planning Board motion is for 800 square feet. MR. RUEL-Yes. MR. SCHACHNER-That's a problem. MR. RUEL-} brought tha,t up before, but it didn't seem to be a problem. MR. STARK-Rog, why don't you just leave that out of the motion. Just say for the addition. MR. SCHACHNER-Well, what plan, what square footage plan is shown on the ouir-í"ent' pI ah :before the p Ianni n~ Board? MR. ÞAL1NC--720' is on 'our pl'an, yes. MR. SCHACHNER-All right. So the ,application before the Planning Board is for 720. MR. RUEL-The ZBA is 720~ The Planning Board is 800. MR. SCHACHNER-Meaning the plan says 800 and the form says 720? MR. KENNY-I guess I would like this' approved for what the application says. If} have to go back to the Zoning Board and have them re-adjust it, I have to. 12 - -----"_._---_.__.._--_.._.~--_._-- (Queensbury Planning Board Meeting 3/26/96) MR. SCHACHNER-Yes. That's what would have ~o ,happen. .,' MR. KENNY-I mean, the Zoning Board also said to allow a 61,000 square foot building, and the building is'on;ly59'~OOO squa;rel feet. If you look at what they approved, it says 61,000 square feet. 't,,:i,"¡ MR. SCHACHNER-In fact, 61,732 square feet. ! 1,/ MR. KENNY-Right. The building is only going to be 59,000 square feet with this addition. MR. PALING-All right. Well, lets not worry about square footage of the building. How do we stand on this, Mark? MR. SCHACHNER-The Zoning Board variance starts off saying, "Applicant seeks to add a 720 square foot addition to the ,northerly side of an existing restaurant." So it seems to me the most appropriate way to handle this ,would be actually what M.t.Kenny just suggested, which would be, if this Board wants to approve the variance as applied for, meaning 800 square feet, then I think my advice would be you'd have to mak.e that conditioned upon retur.ning to the Zoning Board of Appeals for the ZBA variance to be modified to 800 square feet. Now, if you want, if you're inclloed;to dQrso, you can approve 720, and conditionally approve 800,800 being conditioned on the ZBA. variance, which· I think is, ess'entJally, what Mr. Kenny just said. j \t, í 'j, MR. KENNY"'"'George ,was going to look into th.is. I ." '.( ~ \, MR. HILTON-Yes, and actually I was going to say before the Board and for Mr. Kenny.that we are going to take this back to the 20ning Board, and cJarify·thenumbers and get the square footage~ straight for this applicatipn. MR. MACEWAN-That wouldn't require him having to go another step to go back to either that Board or come back to this Board? MR. HILTON-I think he would not have to come back to this Board if YO!..happrove it ,conditionally. MR. PALING-The wors·t would be he wo~Jd have to go; .to the' Zoning Board of Appeals, but not back here. MR. SCHACHNER-Right. I f you approve at correct, he wouldn't have to come back here. back to the Zoning Board in some fashion. the 800, then tl1a t ' s He would have to go MR. PALING-Then we can let Roger's motj~n stand. MR. RUEL-Yes, but, excuse me, instead of indicating square footage, could I just reference the drawing? .¡' MR. GORALSKI-The drawing says 720. MR. SCHACHNER-Sur e, if you want, bu t then ;you r.e approyJng 720. MR. PALING-Roger, I think we have a solution, and' it would be to let your motion stand, and then Staff will take it from there and b~ing it back to the ZonJng"Board .of. Appeals_for a quick modification, and then we're done. MR. SCHACHNER-Bult ,I thinki,f you're going to do:', that, th:e motion should state, conditioned upon Zoning Board of Appeals approval of the 800 ~quare feet. MR. RUEL-And that's the second condLtion. MR. MACEWAN-Yes, the first was the planter. '- 13 - (Queensbury Planning Board Meeting 3/26/96) t ¡ ( MR. RUEL-Yes. '/f; ,,¡ ; MR. KENNY-ell I have ,plans drawn up; tomorrow, which the plans are s,tarting to, be drawn, and wh'at ~ would like to do, befoause we're going ¡to go ahead. with this pro,jeqt, and I ~d hatie to start sometbi ng, ,¡ f I. ha,ve to;,·!wha t I would ,wi nd up doi ng is knock of f five fe-et:,è>.ff of ,the 1aIi,;"dn front!of,the"kitohen area'of the building, whict:., wouldn;',t;d~¡anybody.any good,but.there wouldn't be a varian:Çe/ required Or anything else,df they ,turJliaround and say, no" we' Iii only aHow· you 72C ,square feet, be.caus-e that's what we allowed you. MR. GORALSKI-There's: a Zoni,ngi'Board meeting tomorrow night. .'Why don't you just come. " MR. KENNY-I didn't know that. night? Am I on the agenda for tomorrow MR. HILTON-I think we just need to clarify this, and we can probably, y·ou know, tomor,rown:Íg.ht, act upon it, or the ZOirting Board can act upon it. We ,can, clar,ifythe issues., MR. KENNY-Okay. AYES: Mr . Mac6wan , Mr. Stark, Mrs. LaBombaird, Mr. Ruel, ,Mr.; Brewer, Mr.. J~a 1 i ng , , NOES: NONE , . , f. :¡ 'I ~ ABSEN~: Mr. Obermayer II SITE PLAN NO. 1--1-96 TYPE II JOHN MCCALL - TIRE ,& BRAKiE OIST~'. .INC. OWNER: SAME ZONE: i HC-1A ::LOCATION: 15.ßQUl:.EVARD: THE PROPOSAL CONSISTS OF,. THE RBtOVAL QF, A; DETACHED 4,000 SQ. FT. MASONRY. AND FRAME BUILDING, CONSTRUCTI¡ON OF A 2,800, SQ. FT. ,METAL,8U IWING ·ADDITION, TO REMAINING,; .51, GOO, SQ. FT. ·ME1"AL BUILDINC, IMPRQVED PARKING, AND LAN DSCAPINC., 17ME NEW ADDITION, CONSISTS OF OFFICES AND SERVICE BAYS·. ALL LAND USES IN He ZONES ·ARE SOB.JECTTO SITE 'PLAN REVIEW ,AND APPRGVAL BY THEPLANNINC BOARD. CROSS REFERENCE: AV '1~38,AV1 ,7-l996 BEAUTIFICATION CQMM. ¡: 3111/9,() WARREN CO. PL.ANNI~: 3/13/96 TAX, MAP NO. 113""'"1-6 LOT; SIZE: .72 ACRES SECTI,ON: 1.7:9-2:3, . '! t . ~ I. JOHN I MCCALL+, PRESENT ;AL MUGRACE, ' PRESENT '¡ li_ MR.~UEL-What' s ,the' di$"pos i tior) of 'Dr. Guerra? . ,¡ : MR. PALING-It's tabled, I believe. " , , ,. MR. HILTON-Their variance is tabled. So the site plan ~annot be heard this evening. ¡ , MR. PALING:-Okay. II STAFF UWUT ; Notes from Staff, Site Plan No. 11-96, John McCall - Tire & Brake Dist. Inc., Meeting Date: March 26, 1996 "The applicant is seeking site plan approval for a 2,800 square foot addition to an ¡existi.,ng 5,0,00 sq,uar.e foot tire & brake' ,bJ.W>ine&s., . On March 21, 1996 the applicant received a var iancefromthe ZBA :for a30 foot front yard setback. Staff would recommend a landscaped planter at the west s ide of the proposed adÒition.. The drive a1 s le!tlÞcated next to this area would still be the required width and traffic circulation would not be impacted by this additional planting. The Site Plan shows a large openar,e~ of pav-ement .at the fromt..of:,·;;this business. Staff has some concerns about having such a large area of vehicular access and the absence of landscaping in, t.his area. - 14 - , j ..I it!, (Queens bury Planning Board Meeting 3/26/96) Staff would recommend that a landscaped island be provided in front of. this s1 te~' :T;his-, would provitcile more, pèt1meable ariea :fôr the isi te and would define: the :aaoessi 'tio :tÞ\!r,s site. 'Parking shOWÎ1:0h the i, plan is ,bel'ow what; is required for the HC..,lA1district. Howe1V>er, if , the Ii Illterna,l bays, ate "ounted as p;a.irk ing thte site' may coMle"'~loser , to"the parking lIequi1t-!ement.: 'The Planning Bòà.rd should 'determine if ,the parking on 'site. is:-anadequateamouht." Howeve!r, Iwdu'ldalso state ¡that they' are not! reducing their' parkï:ßg anyway M\-yi further. ,L1think1they're act'uallyadding spåces from'wnat \Va's' th1ere before, on site. ' '¡,MR. PALING-@kaìY. "hat else is ,itbe;re on this one:, Geotig'è? Ii J' MR. RUEL-A lot of engineering comments. ¡ ;1' MR. PALING-Yes. George. I f you want to do the engineer ing contnents, MR.,L:HU.TON-We'~e going! itó do, them. ''''e''t'è just discussing, real quick, how we're goingo to preseht ,them to yóu. MR. PALING-Okay. :, .,,; MR. HILTON-Okay. 'In.'t'he letter that we have fF<mi Rist-Frost, dated March 20,1996, I'm just going to outline a,cðûple'of the commê"ts. I spoke to Bill MacNamara this afternoon, and he just said that he spoke with the applicant. He felt that some of them could and were being addressed, but there were just a couple of outstanding that needed more review. The first one being, under Misce1fTaneous, "Using turning templates, it appears clockwise travel around the isou1theàsit'lbttildirtgi co~ner !-f¡óUl.ut have' to occur! ih: the! opposing ~(tà1íe "~J r Has' ' ó\'fui *aíy (trave1r. ã't'duTid ,the 'bui Idifi1g beér\'! coliS'¡¡d~red? n· N4)1!~'t1'Î'å'\t vEh i c',lês:J[:irgetI ~t\a'hpàsðenk'er! fy,éWíè)-[ eS c!orÌ" tåJpt)eat àb 1 e ; ttò' I1iàka/1¡hJat turn. <:.? 'f'lIIiai, t ufn is kíiìr\a'~~j~! ?jIí\)' some' ,àN:Jàsl;,i ti(fôiesn ' t ; j "ìt1'~~·t! theJ'I'equH·jed!20:~00.t¡minímurrl~wqd,th fdr'ia tlriv~'Jairtlle!,¡ð.nd so 'Wi/ wfthi Tt.' s ;'èon!f;i kûF'àt i]'öhJ àl.r~4f,"1,11,\;htrik th~Î'eris ì;S!()1we dôHce~tJ ~t'ha:t it : ¡/náyi tre ¡ i t migh~) pré'sÉÚì!t]':sonié þ'robfems nr'ór 1::w6 wa5fYl'taffi't:] \? The sè(l(jr1a5r&òùnen~~qthat (,ß¡i\'pi))s~trë1;¡sèd ~as ,'don! tl\Ê'Htecöl1d \~pags~t it st~f'es,!q'Noh~wage' faci rtt'i"èsaCr~!~hòwh:."f' I{II an~)f'i'stlng sub~\Ì.t'!face / j ! è'ys'tem is "tb" béureHsd ~ ón, '1::lfiedètäl1s of 'ilt/ aloritlll!1lil:t1h an analysis showing adequate flow capacity, shouldi'be shöt.)rL"'¡:'And that's something that we would probably want to see what existing septic system is being use-·(f;on this "þrope:r1tý,' if it's being paved over, and a flow analysis to determine if it's at capacity or what the capacity for handling the flow i:s'at the'preserit tH1H~, airld I believe that's all we have at this time. ; ) MR. PALING-Okay. i rè'cord. Would you identify yourselves, please, for the V"\ t I ¡ 1· MR. MCCALL-My name is John McCall. I'm the owner of the Tire & Brake Distributor. This is Al Mugrace, my architèct. MR. PALING-Okay, and you've had access, or know abou't"t-he t:bh'tntmts that were just made by John? :\ " ! MR., MCCALL-Right. ¡" !.., ., Mfb pfALI'NG-OkäYir,'.,ould you want:to'open up by convnenting on what he·'ust,"ithe sub,~crt he brought up? iIi, '!, 'MR~! MUCRACE....l think it might'Help. I ',Vè' devel()ped' a ne'w si te plan here,' ba,s ¡cäll y ; .; , , MR., RUEL+-Bob, shouldn:' t hè Ì'espond to' all the Ri s t,-Frostconments? MR. PALING-Surê. ;¡ - 15 - (Queensbury Planning Board Meeting 3/26/96) (t ¡ MR. RUEL-Well, you just mentioned the ones that he said. ! I MR. PALING-No, no, no. I'm talking about both the ones that John made in the letter and the Rist-Frost commen~s. MR. RUEL~Okay.1 'd ¡¡¡ke, to take this oppor-truni.tytoi tell Staff about how well presented thJ s <i,s,,.,hen you: have, a þ~fore and after illustration. On many of these applications, we don't have the before and after. We, on~¡y have tl¡te after, and here he's shown both, and it's very clear. < il h MR. MUGRACE-Okay. In regard to the issue of the circulation, I'm under the impression that you're talking abqut this par,ticulararea here? MR. HILTON-I actually ,believe that it was the other area down to the? MR. MUGRACE-Thi s her~i); MR. HILTON~That one there. Ye~. MR. MUGRACE-Okay. This is an existing condi tion here. It's presently being used for two way traffic. That's ~y understanding. MR. MCÇAI"L-yes,sopletimes s",aller vehicles. Basically J have a 20 'foot set'back, (1 os t words) ther e reall y i sn' t any room to go to the right, and to widen that at all fori ahy type bì a vehicle. MR. GORALSKI-That curb is existing, then? MR. MUGRACE-This, curb ¡ is not e~~sting.., We're prop,osing strictly as a gr'een space to' do plántiHgs. (lostwòrds) ess~ntial ~or access to the back, egress,~nd ingress. ; ,. ~., ~ " ' . " ! I 1 ¡ . . ¡ . . that it's MR. PALING-What does that do with our safety regulations for fire apparatus access and so on? MR. GORALSKI-'It's very tight to the back of that building. MR. PALING-Very tight, and if they went the ot'her direction, they've got parking spaces. They would have automobiles in 'the way there, if ~pything. "! MR. GORALSKI-It's very tight in either, direction., My opiniçn is thå't that' corner shò'uld! be recohf ipÚr~'d",so that,You have th'e 20 foot required radius around that entii-'e 'corner of the building. MR. PALING-Are you t~lking, now,the, over here? MR. GORALSKI-Right there wh,erei AI's; p'ointi~g right no~/~ . i j.: ' MR. PAL lNG-No. ¡"j", -". propertY'line. MR. CORALSKI..:.T}1eproperty Line is ,existihg, but the 'curb is not. The CUI;~ is what."s,Cfu,lsìngth~ þrob~em. ' That's an e~isting b,,!ilding w~t~ an existing MR. PALING:I, see. Ypu "re. t~lking about the cU,rb qnly~ O~ay,. yes. MR. MUGRAtE:-We have no objection' 'in that, removiingl thaítl/curbing. MRtl PALING-That WO\.dç1 g,iveyouthe maximum you could get if you removed it. Yes. MR. RUEL-What's the minimum? , , MR. iGORALSKI.;..Twenty fe·et. - 16 - ! !' (Queens bury Planning Board Meeting 3/26/96) MR. RUEL-Twenty feet? It looks like about 17 now, right? MR. GORALSKI-Right. MR. MACEWAN-Wouldn't you have t,o r econf i gure that nor theas t corner , as well ? Take a portion òf; 'that curbing out? MR. RUEL-Yes. That's pretty close there. MR. GORALSKI-They should provide 20 feet there also. MR. MUGRACE:...TtHs one he'r'e? ;1 MR. MACEWAN-No, the northeast corner. Is that referring to, John, the upper 'right' hand COPIÙÚ? the one ¡ r I'm MR. GORALSKI-He should have a 20 foot radius around that yorner of that building. MR. MACEWAN-He's going to need to cut some of that clirb ou:l as well. ; ; \ MR. PALING-Måybe not. MR. 'RUEL-He' s got more than 20 feet there. He' sgot about 25' .feet there, if this plan is corr~.ct. MRS. LABOMBARD-North is down, Craig. I MR. RUE~-rhe only ot~~r tight spot is the other corner here. . MR. GORALSKI-The southwest corne'r is what you're talkIng about? MR. MACEWAN-Yes. ~ ~ MR. PALING-And yÇ>U re talking about the southwest porner ~ y.es. MR. RUEL-Can't w¡e just say th~t all corl~~r~ must be minimum 20 feet. .- ¡>: MR. PALING-Well, the southwest corner's okay~ Right? .:'.1- MR. GORALSKI-I don't know., There's np dimension ther~, but I'm ~aying Jtshould be 2a fee~. MR. RUEL- I f you sar ?ill of them, you can't go wrong., MR. MUGRACE-Yes. This corner here, I do not have a dimel')$ion here, but it is probably close to 27 feet there. MRS. LABOMBARD-Yes, it's over 20 feet, if this isdtawri to scale. MR. MUGRACE-Yes. This could be configured in any ,way the Board feels. We were 'just trying to get as much grêen space as possLble, and plantings as well. That's the only réason why we (lost words). Presently, if you can see on the left hand side, this whole area is paved from oheend of the property line to the other. " MR. PALING-That/a not right then. If that is tO$c.aJ.e, that~¡s 20 feet. MR. RUEL-Why don't you just make sure that they're all 20. the sense of measuring that. MRS. LABOMBARD-One inch is 20 feet. th l' S 1· S exactly one inch from the corner a;f· the MR. PALING-Yes, and building to there. What's - 17 - (Queensbury Plannin~ Board Meet~ng 3/2~/96) MR. RtJEL-1 not i ce you've paved over, you've got two park} rig spaces over' th'e seþt i c system, r igh t? MR. MUGRACE-That would be my next point to discuss. rh;e original septic system existing right now, which is in the rear of the building that will be demolishing, it consists of a 1,000 gallon tank, and a leaching field, which is directly behind the 1,000 galloh'tank. Since We are doing some pavement here,asphalt, we 'haveri'~' r~~lly started this problem at t~is þoint, but one of the alternative locations could be right here 'where I show it, right now would be a tank being in the paved area, and the leaching field being in the green area. MR. BREWER-Wouldn't we want to see that on the plan before we? MR. PALING-Yes. I tß~nk we're going to have to know, sp~cifically, where that's going to be, and that there is p~ved over ri~ht now. MR. RuE'L-can you 'pavê'ovet;that? ' '; MR. GORALSKI-'No, YO'u can't pa\re over a leaching facility. MR. RUEL-No. I mean the tank. MR. GORALSKI-The tank you can pave over. MR. RUEL-You can? MR. GORALSKI-As long as it's got a traffic cover on it. MR. RUEL-But don't you have to have an opening? MR. MUCRACE~Yes, a manhòle. MR. GORALSKI-You would have a manhole. MR. RUEL-And the manholê would be in the parking area? MR. GORALSKI-Right. MR. BREWER-But we still have to see it on the plan, and have a location and make sure tha't 'ltfits "'into the setbacks ahd whathot. MR. RUEL-He's got it on the plan. MR. PALING-Well, there's just alternative. MR. RUEL-Isn"t this'it? Right there. This is it, and here's the leaching field right here, and here's the pipe. MR. PALING~ßut that's hot a-'firm" I 'don't'th~nk~ Roger. saying'that's a possiblealteràt'ive. , ' ! ' He's , " MR. BREWER-That's an alternative. , ' f'·· ,: MR. MUGRACE-We haven t had a ~hance existing system to see how that conditions. ':: It; b to really i'nvestigate will function, under the the 'MR. RUEL-So we need a firm, septic system plan. MR. STARK-John, is 150 feet of leachfield going to be, they show 150 of leachfield. Is that going to be enough for t'he size building? MR. GORALSKI-To be honest with you, I don't know off the top of my head what the DOH regulations are. It'dc::pends on the square footage for the di fferent uses. I don't know,' off the top òf my - 18 - (Queensbury Planning Board Meetil1& 3/26/96) footage for ~hedijferent uses. I~on'~~pow, off the ,top ~f my head, whether it w'ould be enough" and (,Qon' t know what ttte perc rate is out there to determine. , ' MR. STARK-Don't the f~ng~rs off a leachf,ie.1d h,ave ,to be ;tpe same 1 eng t'ti? MR.. GORALSKI -No, they don't necessar ily hqve to be the' sál1)e len~th. They do have to belQ,feet from the pro~erty line, though~ ~nØ it doesn't look like these rare. } MR. BREWER-No. MR. STARK-Okay. MR. GORALSKI-It is preferred that they'rET ;t~e same length, but it's not a requiremel1t~ MR. PALING-We maybe heading to tab~ing some~1òing, until we get;l}lore detail, but lets proceed and see what other questions there are to be raised. We'v, got the curb" we've got th~ septicsrstem so far that aren't ans~eied yet. . MR. RUEL-This large paved area is for access to the bays? ,) MR. BREWER-Yes. ~ -'.1 MR. RUEL-That large paved area on the front is for access to the bays. MRS. LABOMBARD-Y¥!$" "¡' MR. RUEL-Well, Staff had indicated that they would li~ke t9' see landscaping. How could you put landscaping in there? . . , . ... 1. . . MR. BREWER-We can define the' entrance and exits. Just like 1f he were to put sOfi)e, kind of curbing ¡n tl"}ere and def..ine an ,~ntfance and exit. MR. RUEL-Is this one big curb here, one big opening? '. "!_ _ i: ' MP.. BRE,~ER-Thqt.' ~ one b,ig wide swath. MR. HILTON-It's one big open. ï MR. GORALSKI-There's no purb at all. ". MR. ~U~L-Tha1;' s some, dr i veway . ¡Where woulp you recofflß1end this landscaping? MR. HILTON-I would sa,y we would probab¡y be, loo~~ng for some.1;hing in front of the proposed additi,on. Maybe to define an. o,pening on the west side of the property,' and to define 'an opening on the eas t . MR. BREWER-Why two? W~y nqtone? I MR. HILTON-Well, one island of planting. MR. GORALSKI-At a minimum, I would suggest a,t leaf5t haying something in front of the proposed addition. MR. RUEL-On the property line? MR. GORALSKI-Yes. MR. RUEL-Or righ~'íne?'t to it. proposed addition? Appro~imate~¥. the l~pgth of the - 19 - (Queensbury Plannin. Bòard M~etlng 3/26/96) MR. GORALSKI-At leas't. , , MR. BREWER-Well, how far is this whole opening here? MR. RUEL-Nin'étY-è i ght feet'; ni nety feet' ,; No, that's not it. What is it? ;i .", MR. BREWER-One inch 'equals 20 ,feet. MR. PALING-Why don't we ask the applitant abou't this because I think he h~d prior knowledge of this, I hope. I ike to comnent on' this? question, Would you MR. MUGRACE-Well, I've'been briefed on this, from the Planning Department as well as we had letters that were sent to us from the Planning Depart~~ri~, ~hd ~here was so~e logistic~for what .e're presenting here, and ~t this point I'd like to have John McCall come up and address that better. MR.'MCcALL-Thë! ~ituatiori thàtI have at this store, I believe, Staff, you're saying to put curb cuts through the front of the area of the new addition? MR., HILTON-A landscaped island, actually, in front of the proposed add'ition, 'which wouldl"create, I in effeèt you'd have two access points, one to the west of the proposed addition ahd one that would be in front of the ex i s t i ng, I guess, bays. You'd have,an openi ng there, and an opening to the'westof the proposed addi~ion. In between, you'd have a lan~scaped island. i! MR. MCCALL-As far as, wh~t length are we talking about! MR. HILTON-At least the length of the proposed addition, or, yes, the wi d t h. ' MRS. LABOMBARD- F i f ty f e'e t? MR. HILTON-Fifty. MR. RUEL-Yes. It's the length of the building, isn't it? , j MR. MUCRACé.c.lThe wt101e additioþ is 50 foot wide, yes. MRS. LABOMBARD-How wide would you want that planter? MR'. RUEL-Three, flour feet wide, I 'guess. MR. HILTON-Yes, four, five feet wide, north to south wise. d' MR. BREWER-That's 250 o~ 260 feet. Why couldn't we define some ~rea *here th~re's an ehtr~nc~ and an exit on there, rather than have 200 feet wide open. MR. GORALSKI-Certainly, if that's whät you reo MR. BREWER-I would suggest that. I mean, some sort 9f ra ther than jus t back and for th across the openi ng 'tnerie'. 300 feet of ~riveway is qufte a lot. MR. RUEL-And, what, limit it to, say, two curb cuts? One on both ends? control, I mean, MR. BREWER-That's fine. MR. BREWER-Thirty or forty foot curb cuts on each end? MR. RUÉ'L-That' s a' hE!! 1 of an islah-d'Ïn::'the middle, though. :: .:;: - 20 - (Queensbury Planning Board Meetin~ 3/26/96) , MR. BREWER-No. If he just ran curb, and then, put sQl1\e sort of planting behind the curb, I mean, just to prevent cari from going this way, that way, that way, this way. , ,~R. PALING-Tim., how long is tbe curbing.yo:u'r,e proposif¡lg? MR. BREWER-Well, I would say we could come up with some kind of a number for an open i ng, so that ne cou 1 d hav~ acc~~s f rPlfl.; the pays i n tot h e 0 f fie ear ea. Ma y b e 50 fee ton e a c h sid e . T hat's 1 00 .feet, and 1:h~n the rest. curbed. . MR. PALING-On ei the'r end of the lot, go 5~' feet. , MR. RUEL-Y~st leave ~O, op~n at both end~~ " . 'j , M~. PAl"ING-And then hav~ something, ~n 1;þe miQdJe. , , MR. BREWER-Yes, and provide som~ sort of curb,. MR. ,PAL ING-Be,cause. no\V i 1; 's jus taw ide open thi Qg. would provide ~ome,kind of'def~ni't',ion for it. ' , ' " At, )fl,~st"this , . MR. BREWER-Some sort of circulation. IIr4R. PALING-And what ab,ou1;, if it was 50 feet on ,ei,ther end, what about the dimension of the middle? ,', MR. B~~\RER-Well, how wide. ,is thJs, 28Q? MR. PALING-Supposing about 40 fe~t, what about that? ¡ i' MR. BREWER-How wide is the distance of this curb, Bob? ¡_,f. MR. PALING-The whole thing is about 240 feet. Is that' r;ight? MR. RUEL-So then that would be 140 feet, then. So you have a 140 foot curb. MR. BREWER-So you'd have 140 foot of curb. MR. MACEWAN-Let me ask a question. Technically, he has one curb cu t right now. I f ,you we~e to <:(0 that and make that paIjt of., the approval of the si te plan: would he h~ve to' the'n go back to the County and as~, for an. additiol1~1 ,ç,urb cut? i MR. GORALSKI-No. Because yqu',re a~tua.l,ly decr:easing the anl0unt of access he has. MR. RUEL'-Yes, but' we're going from one curb cut to two, now. /' MR. GORALSK 1- r es, but you' r e, ac t~allY. ,d~cr eas i ~g¡the acc.~f~'S¡ th~t he has to the roadway. MR. RUEL-And then this c¡urb would have op~n ground beyond it, for planting and so forth? MR. BREWER"':Yes. " . . MR. RUEL-About three or four foot of soil, behind the curbing. ·1 ¡, . ~i t, MR. BREWER-Yes, a mound of some sort. MR. RUEL-And put some low shrubs. L MR. BREWER-Whatever. MR. MACEWAN-I think you h~V'e; to b~ real~srtic" too, an,d, ;keep in mind, as close as th~'t property is to th'è r'oad, what 'plantings - 21 - (Queensbury Planning Board Meeting 3/26/96) woul'd live through the winter with salt spráy and stuff. þrobabl'y' would bê defeati'ng yóur 'mIssion, something other plantings'~ like 'abÚ'tb êut: , , ' You than MR. RtJEL-'-Would'yoJ have, adequa'te space', now, between the bays, the èn~rance of theba~~b~6k tó the cutb? " ""J. MR. MC-cA'tL'-1 would like to address that. ¡. i MR.'. RUEL':"ïhat would lêave yôuàbout 25 féet. f¡¡i '" MR. '~CCALL~¡The stldte'here in'Queensbury, I have two locations, 14 tirè' s'tores'~ This i~ acormnerèial type tire store. this store is not a type of tire s'fore 'ås ,~áy ,Super K-Matt or Walmart; where the biggest vehicle you could work on is 15 to 20 feet, pick up truck. The stÖ'te has beety here fòrl 1 years. Sixty-f'i ve percent of qUI; business is in log trucks, tractor trailer~, cement trucks. 1"Very Jittl~of our busin,ess is re'tail business. Iff I: start putting curbs ;i'h1 ffroritj bf the tiu'ildfng;' ithHeadof coming h~re 1:o''try to gain s"&me ibusin'ess~;:I' 11 b:é ~'d$lîng:lJusiness. I ddn't have the room,'approximately 35 f'eétback from t~e roàd right'now, and I put curb~ through 'here, theblÍ~lines's itsetf will be defeated. ".; - j f ! : } t.; ,~_I ::" T MR~ <R:tJEì>We~jl, ho'. many béÌys do you h'a.Ve~? , ').j' . C . I MR. MCCALL-At' pr'es er{t I y [ present, ~e have two bays, there's flour bays if )i! ¡. MR.' RU£L-Four'bays,;ant1- ho_ wide are four bays, tdtal? MR. MCCALL-I have four; bays i'n this existing section here, approximately, say, 30 feet in width, between the two of them. MR. RUEL-Between the two of them. They're 15 feet each? MR. MCCALL-Right. Then we also have two bays in the existing b-uildihg '¡"m looki,ng to tear down, which now have to set back from the iòad probabli I51eet. MR. BRewER-That's gohig 'to be elimin:à:ted. MR. RUEL-Well, that's going to be eliminated, right? So we're not talking about that. I'm talking about the tt'ew building, the proposed building, how many bays do yo~ have and how wide, total? i ri ' MR." M~tALL"':We'{~i go;ing tói ha.ve!four bays'~ '.;) MR. RUE.L-Four ,bays, arid'total width of, what, 60 feet? ".I ' MR. M~CALL-the total"width will be ~Þ'prd)(imatelY 8Òf'eet. MR. RUEL-Eight?Wef!', whåt Iwasi th111king o'f,leaving an opening in the front, you know, open the curb up 1~ fee~to allow these large veh~cles that you're taJking about, to gain access. ! '! :. i - -,. f' ,i MR. MUGRACE-There's als!o an existingdvethead door, that's an addit¡onal 14, 15 feet or so. So we're probably looking at 95 fèè t .'1 MR. RUEL-Ninety-five, out of 240. Right? \..;' ;i ;ì MR. MÇCALL-Well, it's 95 out of 125 feet, which the existing building is pre~eh~ry~ . ',' f.' ! MR. RUEL-'-N'ow w,e're ta.lking"about the curb length. ;, MRS. LABOMBARD-Can I say something?' I've been in ànd out of there many, many, many times, and I think what you have proposed, as long - 22 - (Queens bury Planning Boa~d M~eting 3/~6/~6) as YOU can g~t thesetbacks,~nth~.b,ck and t~, tu~ning radius, the turning room f~rthe big t,fucks, YO,µ know!, for f i retrµck.s, etc., and you get the septic system a minimum,f~oJIl the, ¡boundéiry line, I have no problem with just deliberating this curb cut thing. I feel it's very s,a,fe. I 'v:e been in, and. out of there,.f\·5 lpng a~ it 'meets the standards, you've go'\; ,one curb ,cut ~s i,t is. 1. thi.~k by getting rid of this existing building and putting on this proposed addition, you've made it a whol~:~a!er plaçe ~eçaus~ you don'~ have that little alley through there anymore. I think we should just continue on and addr,~5S the ,()th~r issues, because ,rig;h¡t: now, I think I'm on the applicant's behalf here. You're coming ~oenhance your property, to do, better business. y~u h<;lve a decent;~,lan, as long as you get .the other thing~ taken care of, and I'd leave it alone. I: think it's safe the wày the curb cU,t is,. '1 ' MR. BREWE~-You thi~~,a 2~h f~o~ driveway ~ide open? : MRS. LABOMBARD-I've been in, p,od' out of ,\h~r,e, Tim!; and I don't really tþink th~re's any ~foþ!em"an~ ,i~ h~¡~ got,big t~µckscoming in, I mean, I just feel$ometime.s that, yqu kno~" sOl11ebody comes in anc~\Ve just heat them agains,t 1¡he ,wall;. May,b,e I'm wrong.· Maybe I'm jus;\: getting, worn down w:ith som~ of thi,s ~tuff. , ) ,.,' MR. RUEL-After the applicant's comments about the vehicles that have to gain access to t,he ,~,ays" I '1Jl, i ncl~.nep to, ;for~et<;lbo.u,t the curbing in front of the bays, because I think it would be det~i~ental. However" i,p of,Qer! tq, dec.~ea~e f the, siz~si, of ,:this opening and perhaps to enhance the front, it seems to, me. that we could put a planter in front of the proposed building there on' the left, in order to ,close down the si,~e of this 240 Joot driveway. MR. MUCRf\CE-We do show a plantert.h,.ere. j I '/ . MR. RUEL-I'm talking about a plante~ on the property iine. ! i ;i; , ' ''.1 MR. MUCRACE-Right here? ~ ¡. \ 1\ " " , MR. RUEL-Yes. If you could,put ,a planter frqrn t(he ~ef;t'c?Iiner;:'iand go to the r i gh t to extend jus t approx imate 1 y, to the end of the proposed building, and that would enha~ce the 'whole looks of the area, and it would cut;do",n ;the ,size of the driv.eway, aµ~::f"i,~t~'ff~uld not deter from your gaining access to the bays. MR. PALING-Okay. Geor~~? , " MR. STARK-First of all, Rog, if he put a planter where you propose, it's going to be tougher plowing, ß9,thing',S goi"n,g ,t() g¡I;owith~r,~ in the winter, Rog. Every summer he's going to have to pullout the shrubs ane( put ,new ones, in. . He wanted¡ a plant~r in f~ont of; the new proposed addition, right in front of the building. The stuff would grow there. ~edo~~n'tneed anything to thef~ront.,He's got to have iree access for ~he trailer tiuck~ to i6 in and out of every th irg. He~ s beeo¡ I ope,rat iß~ ,1 i ke that ,for 11. year s. He's never had an accident there. I ( , MR. RUEL-Okay. s imi lar to what Are you saying that other locations with planters I'm proposing do not work? !' , MR. STARK-Yes, they don't. They die. This thing is right on the road, Rog. MR. RUEL-Why do we keep recommending them? ;'; J' <ii MR. STARK-Because they're not right on th~: road like this one is. They're further back from the road. This thing heie is, you're proposing a pl~Dt~r right on ,the r~ad. right on ~be shoulder oC the road. What the hell is going to grow there? Nothing. He's going to have to plant it every year. " - 23 - (Queensbury Planning Board Me~tlng 3/26/96) MR. RUEL-You mean there's no right-of-way there between his p~qø~rty and ~he road? MR. STARK-No. MR. RUEL-Not,hin~? MR. STARK-Did you go down there and look at the site, Rog? MR. RUEL'-:i'''gues s 'I didn't. MR..' STARK - ¡ g u e s s you d i dn ' t, i sri g h t. MR. PALING-Ok~y. Go ~head. Did you have anything further to add? MR. MUGMCE-\Veare Pr'oposing, ás'lsaid before'. MR. PALING-In the front of the building. MR. MUGRACE-The original plan in front of the building. MR. RUEL-So much for the planter. MR. MUGRACE-So there will be some greenery and plants. MR. STARK""Tt\ere's fine. j no green now, you're going to b~ adding ~ore, MR. MCCALL-The property as it stands now, we've got one tree oh the property. I'm goi,ng t~, be putting approximately 35 trees and shrubs around the tbt~l proþerty. MR. 'PAtING-Okay. MR. STARK-I think you're going to have to cotneback, you know, with the definitive, ,where the septic tank's going to be, and what a - 'perc' tes't. ; IHOh't know 'what th~i ground 'p~rc"s down there, but something so we'll have a little basis for it. 'That's my only cç>ncern. J 'i! i] f 'MR. PALINC.:.JOka'Y. Craig, 'dòyou have"any,'conments1 ¡ ,¡I . MR. MACEWAN-No. t'djµst maybe,"Ceorge is the only one to see that, want to see if that' propolse sept i c sys tem, the al terna te site would work, get those radiuses squared away, so that you can make it around the bui lding. The only othJer thing'l "d I iketo see added to it is your landscaping shows nice, but I'd like to see a schedule so we'll know what kind of thin~s you plan rin putting in and what size shrubs and so on and so forth. , ' MR. MUGRACE-We do call for specific types of shrubbery. MR. MACEWAN-You do l~~t them, but you don't list sizes. MR. MUGRACE-I'll do that. MR. PALINC-Okay. Tim? MR. 'BREWER-I still think they~hbuld have soine sort of curbing, and not have a ;24'0 :foot dr i veway. ' ,1 I, MR. PALING-Okay. You want the curbing. Roger, yoµ re all set, I think?' ,~ " ) 'MR. RUEL-Gedrgementioned' '~omething' 'about the possibility of i'ì'adequ~te parking. ' " ' - 24 - -------------------------- (Queensbury Planning Board Meeting 3/26/96) ,; MR. HILTON-Well, for the parking ,schedule, in the Zpning ;Qf:dinpnce, they don't quite meet the requirement. However" it's pre¡~~~s~ing condition, where they're actually adding parking spaces to the site. , MR. GORALSKI-Well, there's no variance required there. They; have a pre-existing, nonconforming situation that they're actually improving. MR. PALING-And the nature of the busin~~, isr'tc~anging. MR. GORALSKI -The point is that ;th~y do not meet the, pafr"ing requirement. MR. HILTON-Right. I was just pointing that out 'to you. Ii;' .' ~ :/ MR. RUEL-Plus, there's no space for any açl~i ti,onaJ an.yway. MR. HILTON-No. MR. PALING-Okay. Cathy? MRS. LABOMBARD-I'm done. I, . :..:¡f MR. PALING-Okay. ¡ I " " MR. RUEL-And als(), George, you'Xe the one who mentioned ~þout landscaping. MR. HILTON-,Yes. MR. RUEL-I guess"yoU didn't look at the sit.e. MR. HILTON-No. I looked at the site. I just don't" in my, perai)nal opinion, to have a 240 foot driveway, I just don't, I think you could cut it down.a little ,bit. . ì' MR. RUEL-Do you know abo,ut l~rds<?a~Üng a,lpng 't~e edge 'of, th~, f9ad, that doesn't work? iU:- " MR. HILTON-I think if you put certain plants in there, 'you know, wi th the comments that, have been maqe that it ma,y not be,,~uit.ble for the salt in the winter, I would tend to agree with that, but there are G~rtain trees I think; you coµld P\lt in, th~re th~t'i)uld be more hearty anq would s~~nd up to the ,elements. , ' , MR. MACEWAN~Give me an,ex~~ple. " '.: i MR. HILTQN-A maple tf,~e. , , .' ¡; fj. MR. HILTON-Like the ones we had McDonald s put in on Dix Avenue. " , MR. MACEWAN-Those aren't right along the edge of the road, Tim. ; ~i MR. STARK-They're not on th'eshoulder. They're o'ff the shoulder. MR . GORAL SKI - Lit tIe I e a fLy n don s are t y pic a 11 y a s t r e e t t r e e . Sycamores are a street tree. ,: MR. MACEWAN-When you say "stI;eet tl1ee" ~r,e yçu saying, in "this particular instance, with this site pl~n, rig~1; <?n, the edge of the macadam? ; ij MR. BREWER-I don't think anybody indicated that. I think if 'you thought it out, and if you did have the curbing there, you could have somesor t of a r;~i s ed þ~d ,and put ,a , tr,ee in it. ; You g1i>n' t necessarily have to dig up the macadam and put, a tree in th,ere, l' . " Craig. I mean, I don't think anybody would insinuatet~at. - 25 - (Queens bury Plannihg Board Meeting 3/26/96) MR. MACEWAN-No. I'm not suggesting that at all. I mean, even with, even if you had a raised bed there with tre~s i.n there, or any otße~ kind of ~egetation, you're t~lking salt spr~i bo~ingoff a plow. MR. BREWER-Craig, drive down any City street in Glens F'älls, and the streets are lined with trees. They've been there 100 years. í . ) ¡ MR. RUEL-And they're not dead, either. { ì '. ()' ~ . ~ MR. GORALSKI-There are many species of trees that are salt tolerant and would do fine in that situation. MR. MACEWAN-You guys have kept kind of quiet. reconmending for, what would you see in there? acceptable to you? . :'MR.GORALSKiYi-1 woulid r'ecbnmend 'soméfhing 50 feet wi'de, four or five feetde~pinfrÓI1t of the pro,?osed addition ònly. What áre you What would be I MR. MACEWAN-You're not talking down in front of the bay doors? MR.: GORA1,-SK li..!Wel 1 , actuálfy, 'to"behone'st, what I woulld like to see is also theti ma:Y'be' say 50 fe~t in:'ifrom thè west þr'oþerty line the s~me thing. MR. MACEWAN-So you re kinq of I ike in between, where those bay doorsare1 ' · MR. GORALSKI-Between the end of the existing, where it says existin'g 6verhead dóori;ôn"that elevation, from 'there back to the west property line. ~ MR. RUEL~That probably w'ould'be another, what, 20'; 25 feet or more. MR. SREWER-Cathy, therë'snot a truck that's 240 fodt long that you . have to 'dri vè in th;ere'. . . MRS. LABoMBARD~1 'm talJdng åbo\.d being able to turn. I mean, you're talking abou't th~ west side, ri'ght over here, where the bays end, arid theré~s nothing'.'TIÚ~res nothing there., There's no windows. There's no doors. So you're saying to 'put a planter there. MR. GORALSKI-Not up against the building, out on the property line. 'MR. PAL INC-Okay . Loca~e it for' lisi; John. MR. RUEL-Right here. That's what he said. MRi.' GORALSKI-From this corner òf 'the property,' in . feet', so tha't "i twôlit'dn' t obstr'ti'cti ttfi's'ó\Jethèad fe'et VI i dè '.f ! "! ,I} .' ¡ approximately 50 door, about five , MR. PALING-Fifty. 'All right. That would be right like this. MR. GORALSKI-And then another planter right here, five feet wide, right along hetr'e, , 1'0 define' this accessway. You'd have approximately, it looks like probably about 85 feet, about 95 feet in front of the bays, so that you had direct access to the bays, and then 50 feet her'è, so that you' have '2'4 foot enttanc~into the parking area. MR. PALING-Ail right, here and here. So you'd put two planters in, one ihïinedi~tely in fr'ont dfthe building 6n' the curb, about 50 foot wide, the same width as the building. ' - 26 - '--' (Queensbury Planning Board Meeting 3/26/96) I' ; MR. GORALSKI-Correct. '; MR. pALING-AnQ then on tþe west corner, also. , , you'd put 5Q foot there MR. GORALSKI-Correct. . }, ì 1¡ MR. BREWER-Both corners. Then that 'defines' the access. MR. RUEL-And it improves th'~ property, and it doesn't h i~der' the operation. 1 MRS. LABOMBARD-I kept thinking you were putting them more in the midql e. " MR. RUEL-No, we never said that. MRS. LABOMBARQ-Wa ita S}::!,qol1d,,;; what yqu $ a i~, and wha t I ',ye hear d and what I've been per~e¡~~ng ,has been Mer~ confusing. So this is excellent. I wish somebody had gotten up there and shown us that. MR. PALING-All right. Then"ì' think we're making progress. Then you can ~lso workQ~t with, the applicant the kind,,9f trees that can be put in there, because both 9f these are right on the road. , , MR. GORALSKI-And I would recommend probably looking at two street trees to be placed}n there. Twq i~. each !bed, and yh~n^ypuc()uld propose whatever spec i es you wou 1 d 1 i ke. Tal k to your, landscaper, and they'll come up with something that's tolerant. Mtt. PALING-Okay. So you, understand wher,e. we're coming from on this, where ~he two planters woulð be? ' MR. MCCALL-I underst~nd th~t ,it's not,going ¡tow.ork. When yoU ,pull a tractor trailer in, or a pulp truck or a tag trailer, that's 100 foot long. You're not going to be able to pull the vehicle in. I mean, it woµld be ni ce i f ~heY ,all shoWed up p'~e, a t, ~'. ,t:ifTle ',\Ii It would be nice if they all showed up when, tþere Were, no pther customers that day, with the customers parking, but if I get two vehicles there at a, time~ ,Vm going to ,have ,amalor,f>poblem.. I'm not going to be able to swing around., We do all our ,work. all the heavy.duty trucks, and we 'do them outside, right, t.o 'this area in fro nt' 0 f the b u 11 d ijng. ' , ,,' . '" . MR. PALING-You work on them outside? MR. MCCALL-Yes. MR. MACEWAN-If you work9n those big tr~cks outside thos~ ove~head doors, how do you gain access to those overhead doors when you need to get in there? MR. MCCALL-The tractor itself will fit in the building. There,'s an oVerhead door right through here", 1his oV~fheaddoor, the fartþest one to the right, lets say a tractor (lost words) die,seli1;self, and they come in (lost words) the side of the building, but when the vehicle shows up and a trai ler' s attached to it, you',ve got to do it outside. MR..,PP.J,.ING-Could you go wi th th.e planter in front of the proppsed addition? MR. RUEL-Tha1;'s not in the way of anything. MR. MCCALL-Presently, right now, the building is 15 feet from road itself. :We're looking to be back, I believe, 30 feet. planter ;'right,thJ:ougJ;t here, it's ,like an eyen 'sw~p there. parking would still be the same. the So a The - 27 - ---- (Queensbury Planning Board Meeting 3/26/96) ~ : ;' ?¡, MR~ 'PAL;ING~Okay. You could li ve wi th that? , MR: MCCALL-Yes'. ! MR. PALING-Could you live with the planter on the other end, we're talking about the west end, the same width as what you ha:ve ort the dr~wing right now, but take the curb out of it? î. :ì" , -,' ; : MR. ¡ MC¢ALLl.Rfgh't. I -think we're, 'approximately, out here 15 'feet orsoirië:-thing. MR. PALING-All right. Could you live with thai? MR,. MttALL-Y~s. IMR~ ÞALI~G-Al1 ritht.' Th~n'às ~n ~l~e~nate, coul~ we ~ay that the planter would be the width of th'e prôposèdbuilding, arid tha't would be no change, but let him cut down the length of the planter on the other end to be the same width as, not the 'wHole cUl'b,becrause that defeats the, puq)ose, but. just a rectangular planter, a width of . ap'pro'xi~ateìy~ ìt')wo'uld be about 12 feet,' something like that. r" t~ i MR,ì~ RÛE'L'-Why ¡ Bother' ",,"rih 'that? [" "i t ' ! f , , MR., PALING-Appearance. " " MR. iRUEL-I n'leån" it's éssentially that now. I j "r ,'; " . ',ii ,'-', ¡ 'MR. PALINè-W~II, either'-tl1at or elim,in,ate it. The man can't do [i b ù's i Í1 é s s' i :t ; h~ has to put t n e ' big pIa n t' ed- in. 'MR. RUEL-Well, tak:e it out'and' jÚst lea.v~ the other one. MR. BREWÉR.LI have a hard:time swallowihg that, Bob,. If' a truck is 100 foot long with a traHeron it, 'if we put'no'1:hihg,th'ere, how many can you get in there? f ,- ; MR. RUEL-Which way? MR. ¡ BRËWER-Ei iher!way. ""'i} I' ! , " MR. STARK":'You'fe saying you want it, we Ire saying we don't. Lets poll t'he' Board a:nd we 'l1ntòv~ on. j Ybu' re beat i ng 1 t to death. ¡MR.'. f BREWER-No, I' rn not. 'He's aid that hecouldn' t do bUs'i nes s if he had a planter there. I said if he had no planters there at all, how many trucks could he get in here? That's the only question I asked." J; , ' MR; STARK-He just said t)'e' cHdn't mind þutting ohe there, on the wests i d'é , on t'h è j nO r t hwe s t side;' MR. PALING-But not believe. the width that we proposed originally, ~ 1 ,t .\ ; : I MR. MècALL-Right. ' 'We" re tb.'l'k~i1g about the basic årea òf what is covered right t\er'é;;¡ J i MR. PALING-Yes, right. MR. RUEL-Leave it out. v ~'; MR. PALING-All right. Then lets talk about the issue of the planter.; We will poll' the' Board. ( C'raig, what do you say'? MR. MACEWAN'-I "m 'unide'(Nded 'r ight' 'n6W'. 1 ¡ MR. PAlINC-George? , , - 28 - --_._---~-_.- (Queensbury Planning Board M~eting 3/26/96) MR. STARK-I'd like to see a li.ttle one tbere, maybe a, 12 tp 15 foot, five foot wide, and dress up that end of the building, and then leave it all open to where the addition is, then a five foot one there, 50 foot there. I'm sorry, five by fifty. , MR. PALING-Okay. Cathy? ; ~ J .t: < , .' MRS. LABOMBARD-If the applicant feels that it's not a hardship as ,far as his custo~er,s~ ~O[11~rg in ~nd ou~, then P4t. one at that northwest corner and' the one in the front of the new, ,add! ~ion~ MR. PALING-Okay. RogerJ MR. RUEL-One in front of the proposed addition"q~ we Ip~p.tioned, from the left hand corner over to the end of the proposed building, and at the o~her end, a miqimal thing. Ess~ntially the size,that it is now. a~;as not to obstruct traffic. MR. PALING-Okay. i i T iJn? . .' . , , , " \ . \ MR. BREWER-I would like to see a planter o~.þoth ends of it, to the propose~ addition on the left as we're loo~{~g at thediawing, and something over here, but I would ,pke to,¡see a planas,;t,? w~at's going to go there if he comes back with the septic and whatnot. MR. PALING-Okay. Well, I want to see the 50' t'oot ~lanter in f~ont of the proposed addition, and the .smalleI1 planter, on't¡he~y.rest corner, which is approximat'ely 12 feet wide, anèf I think that m'ight be a consensus, in so ,far as the. planter. is c~)I)cerned., Right? Okay. Right here, and I'm saying that tJ1at width would b~¡ the width, the dimension you have now, but you'd take out the rest of this, a oarrowplanter,here., ¡V'¡hi¡ch, would match this planter here. Okay. So we've got the planter issue, and we've talked about the septic system. Those, are the t~o issues we ,have. Then,we want to see a 'lêindscaping schedule for ,the whole thing. MR. STARK-He had a question before, and Craig had a question, too, about the diameter. MR. PALING-Right. That's what I'm talking about, acoUlpJete plan to Craig's point. All right. Those are the three points so far, the planters, the sept\ç syst~ JE1fiChfie¡I,q" and the Jendscaping sc~edule. Now, what other unresolved issues do we hav~? MR. MACEWAN-I guess we resolved that, didn't we, tJ)a,t tu~n.ing radius? MR. PALING-Yes, with the way the planters are going 'to be qo~.yes. I feel we have, and I think that addresses Rist-Frost's comments. All right. Then I think v.(~'ve cpvered the major .is~'µ.e~ th~J we need, and what we're looking fQr is.a re-vi,it with the plan, ~nd, what do we do, table this? ' " MR. STARK-Open the public hearing, and leave it open. MR. PALING-Yes. Okay. At th¡~ pO,int, thfHe i¡;¡ a public hearing ~c~eduled o~ this. We'll open it. Does anyone Cqre to sPeak on this matter? \,.1 I PUBL I C HEAR I NG OPENED MR. PALING-The public hearing will stay open. ff MR. RqEL-Do you wa~t a motion' on, this, or i,s this tabled? MR. PALING-Just let me get rµy tho,ught~ 1:og,etþ,erhere f¡or ,a, seoønd. Now this would be a motion to table until the applicant comes back with a detailed plan, and your motion would have ~o cQve~,the tbree - 29 - (Queensbury Planning Board Mee1:;ing 3/26Y96" , , S~,re,' go ahead if ev1erýbody"s readý. . J . , J.' itemS: MR. GORALSKI-Excuse me, before you do that. Ità.lways, we always get caught in this thing about, when they come back with the plan, they want to be on right away, and are you saying that they're going to be on April? ! .. MR. PALING-No. We didn't say anything. MR. GORALSKI-Well, the deadline is tomorrow. Sol don't think they're going to make it. So if your motion says, put them on in April and give them a date to have the stuff by, you know, then we can work with that. MR. PALING-Our next meeting would be the third Tuesday in April, but as John is saying, yoti'd"ha"ve'to' 'have it 'i'n tomorrow, the plans, but how about the fourth Tuesday? MR. GORALSKI-Well, the deadline is still tomorrow. {¡ .~ ~ f MR. MACEWAN-If you could submit all your revised plans to the Staff by next Monday, is that doable to get them on the last meeting of the month? . " MRS. LABOMBARD-This cômir'i1g Monday? MR. MACEWAN-Yes, the next Monday coming. . ' " MRS. LABOMBARD-Okay. April 1st. I . MR. STARK-That's April 1st. MR. MACEWAN-That gives him Wednesday, Thursday, Friday, Saturday, Sunday, bv'ett iine i fhe has to. ' ' " , Ii . MR. MUGRACE-The problem with these issues, every~hing can be solved, except thai: 'the ìs'eptic'systetn. 'Now' we'r'e at a time right now where frost is abig f~ctor, if we have to run percolation test holes.' How do :We áddres's' th,a:t?' " , , MR. GORALSKI-Well, it doesn't have to be next Monday, actually. B;ecaujsr~ ithe, issuesj there aren't' that ,many. " It ;'could be a week from M6ndaY.:;'1 . ,¡ " ; MR. STARK-A week from Monday? MR. HILTON-We can work with that. I_;~; ~i!: Lì(, t ': !! /~ jlr MR. GORALSKI-By tha't tili'le~ tl1erê"'s"not that tn'udh fr'ost' 11eft in the ground. So by that time, you should be able"to do a. p'erctest. MR. 'MUGRACE:"'I 'just don't know how thE! weather is 'go'ing to 'impact thi~ Ittonth ,i't'he water table. MR. PALl NC"':Wè1l 1',' I think it shb'uldibe under:sto'od, -thoug'h, that if you don1thavé that information 'in: theÍ"~'s Wothhig we can'do about , ' it. MR. H'ILtoN-'If t'he informatioh isn't in, I 'would tHink, by a week from this co~ing Monday. MR. GORALSKI-Which would be April 8th. MR. HILTON-We'd have adequate time to review it. MR. GORALSKI-We'd have adequate time to review it ahd have it on for either the first or second meeting. .' ¡ 30 (Queensbury Planning Board Mee,tJng 3/26/95) MR. PALING-All rignt. Now j,us¡t, ¡let me be the bad cat here for a minute. If they don't make April 8th, then you reaiize th~t it's not going to happen for a while? M~. GORALSKI-It's not going to hap~en until May. MR. PALING-Then it's not going to happen until May. Okay. Are you aware of that? MR. MUGRACE-Yes. .; MR. PALING-Okay. MR. RUEL-When's the second meeting in April? MR. ~AL.NG-The seconØ ,meeti~& in- April. MR. HILTON-Is the 23rd. MR. PALING-Yes, the 23rd. The 16th and the 23rd are the meetings for April. i MR. RUEL-Okay. Do you want a motion to table it? MR. PALING-Now, we have to have your p,ermission to table this., the applicant's permission. MR. MCCALL-May I ask, is the concept as exists acceptable? MR. PALING-Yes. I think we're agreeing to it. MR. STARK-It's fine. MR. MACEWAN-I wo~ldn't label any agreement to it untiJ you se;e it in writing. MR.BREW,ER¡-Ye~:, until! we see thef,ina.l plan. !: ., -" i ~ MR. PALINC-Conceptually, it seem~ ;o~ay"i ÞJ.lt~gain, there i~ no approval until we see the plan and approve it. , MR. MACEWAN-How 'about th\sr We're heading in the righ,t çLJrection, and there's light at the end of the tunnel. We hope i~ isn~t a freight train. MR. RUEL-I'll make a motion. MOTION TO TABLE SITE PLAN NO. 11-96 .JOHN MCCALL - TIRE & BRAKE DISTR. INC., Intrpduced by Roger~uel ~ho moved for its adoPtion, second~çi by George,~tark: Unti.l 23 April 1996, in order tc) obtain the following infqrmation: One, submit a firm'septic system plan. Two, f.urni,sh a t'~1;\dscaping plan showing planters on the southern property 1 ine and other landsca.ping, and" three, that aU Rist-Prost engine~ring, cOmQ1ents be incorporated, al1,d that all the inf(),rmation be receiveq by ,April 8th at the latest, in order to make the 23 April meeting. Duly adopted this ~6th day of March, 1996, by the foltpwing vote: AYES: Mr. Stark, Mrs. LaBombard, Mr. Ruel, 'Mr. Brewer, Mr. MacEwan, Mr. Paling NOES: NONE ABSENT: Mr. Obe;rmayer MR. PALING-For the inte~est of those people from the public who - 31 - (Queensbury Planning Board Mêèting 3/26/96' came' in 'from the pubìliè' who came in to talk about the' g6,Ikart thing, we allowed the public to speak, but there was no meeting on that 'šu'bj ect tonight. OLD BUSINESS: ~ {, ~ ¡ I ( . SITE PLAN NO. 2-96 TYPE: UNLISTED PERRYiAOUH ASSOCrATÈS, INC. OWNER: ,WOODBURY DEV. CROUP, INC. ZONE: HC-IA~ MR-5 LOCATION: 'BAY' ROAD I APPLICANT PROPOSf!S Ai 70 UNIT SENIOR' COMPLEX.ITH ASSOCIATED ROADS AND ESSENTIAL UTILITIES. ALL LAND USES IN HC AND MR ZONES ARE SUBJECT TO SITE PLAN REVIEW. CROSS REFERENCE: AV 76- 1995 BEAUTIFICATt'ON COMM!~ 2/12/96i !\lÄRR£N"CO. PLANNING: 2/14/96 TAX MAP NO. 61-1-37.3 LOT SIZE: 4.05 ACRES SECTION: 179-23, 179-18 PERRY NOUN, JR., PRESENT MRS~ 'LABOMBARD""'Andthé' PUblfc h'éar;ing on ;(t'ießrÙåry 20-fH has been tabled, or was tabled, and it is open this evening. MR. PALING-Okay. Nbw, George, 'we have' your conments ôn February 20th and 27th. Okay. '! (..( MR. HILTON-Yes. As far as those conments are concerned, the appliÌcan't h'a.~ resubrttitted' a'plan to us. : I beli~ve!yo'tl 'ha\;e a copy. f 'ÄI Idof 'hu;rc'on6'efrishavej bèenaddti~'ss'ed satisfâdtori ly. I have a 'ndte ih' fr'dnt of' me d~tèd 'March' 2.5, '1996,' from Rist-Frost. I'll read it as follows. It 's'ays, "We have reviewed revisedsit'e plans received March 21, 1996, which have been revised to incorporate conment's from our earlier February 16, 1996'review letter, as well as conments from the Board and Staff at the February 27, 1996 Planning Board meeting. Additionally, the applicant indicates that input from 'the 'Town's S~\ver ,Wa,ter and Fire groups' was obtained and incorporâted into relvis'ed plans. Note that a' variance may be neces sary s i nee the des ignáted: loa,d i ~g à'rea. is sma Iter than the Zoning Code would require. We i'have no fUrther engineering comments. " Signed Bi 11 MacNamara ~ As far as the var i ance is concerhed:,í'vespokeh'to Bi11'l.ånd'thiat's not a,n issue. 'We're all set with tRát. In )the letter that I just read, IH1'1"state's tHat a variance may be nedessary for¡th'e 10àding area, and that's not an issue. 1 ,r ve c la,r 1'f i ed that' wi th Bi 11 .' Sö! thêt ¡have no further engineering conments, and we have no further cormÌents' and find the plan to be corrected satisfactorily. MR. BREWßR-Wasn' tthert!J[a,coTrinetH about ane'1evator or something? 111 ! '.. '!/ . MR. HILTON-Yes. That comes at the time of, when they receive a buildi'ng'pernU t, thêirbtiflding p:lans sh6uld Îl1diditeari elevator, and they have i nd i ca ted 'as such 'th~t they' will pr"ÒVide on'e. MR. PALING-They will do that. Yes. They indidated thai dh~ing the meeting. Okay, and the public hearing is open. Is the applicant represented? jf]T J! I MR. NOUN~yes. 'Perry N-bun, Jr. President of"Perry Nouh Associates. 'MR'. PAL iNG-Okay'. 'Tha,nk you. 'Does anyðrié have' anyl C(ues t ions of the applican.t bef?re'~egò,jto the public'héa,ring òn ~6is?" . J .l , J ; ;~;'/ 1 ; MR. BREWER-Yes. The only other c'6nment':1 hAd Was about the retention of thie water in the' front." Didh' t we have a cònment concerning that' last 'month? \ .- -, MR. GORALSKI-We talked about a fence, didn't want one. f' n and youfol~s decided you , MR. PAt I NC':"Ar eii w;e' 'talkin'g àb6ût a fence? 'I: - 32 - (Queensbury Planning Board Meeting 3/26/96) MRS. LABOMBARD,:-No. ,We wer.e not going to do a fence. You're right. ¡ MR. pALING-Yes. That's right, but he's talking about water retention, I thought. , ; ,¡ ~. I" MR. BREWER-The retention in the basin in the front. I 'thought we had, $pJI1e disçus&J,?n :about t,hat. ", 1'[ , . ." I i, 'J!\;': {; ;:, ,. i ;1~_1{ )'>1. : ;;!t 1-: Å" f' , ,fy'R.i ~~.SK~-W~ ,dis¡cusseq'. the f~~t ,that there would, þe standing , ,I", wat~f,":j ,J 1/ I:, 'C]'T ,\;,-?{ ."' , 1 'Ji, "~. '1i ~ ~ , ~~.~. ;~¡?' MR., PALINC7,yes.·,Th~I'~)Wtulqbe, a lit1,1,~ pOf\q¡there. " ~ \ MR. STARK-N~~~dY wan~ed a fence, though. 't....rA MR. PALING-Right. MR. BR~WER- I tho\,1,gh,t ~e wanted sometb-inR ,to elimina:te any kinØ of danger. MR~ MACEWAN-That ',s what I was thinking, too. MR. BREWER-That was mY concern, as I remember it. " . MR. MACEWAN-Actua~ly., the w~y, 1 remember it, ,was that we, dissµssed t,he fence at 1~n,8th, and I th~ught th,at' s \Vhere we wer,e, headed wi th it, and then I thouøht you kind of like,s~ie~ away ~ro~ the iq~, of putting a pond in all tog,ether, and you,didn't want a fence~ MR. BREWER-Yes. I m~an. we re going ,to nave a pond, out' in¡front of this place? MRS. LABOMBARD-But there was going to be a, it wasn ',t going ,1:0 be directly on the walkway or the roadway. It would be away. from it, and it would be kiO,d of, Ilandscap~d and raised, or ,where you wOlddn,'t be able to .fall ~nto it." ,," MR. NOUN-We would definitely want¡ to make that a we!!, lan'ds.c~ped ¡ ,beautjfi,cat:io;n. area, ~f you will. We don',t want to" just let'the water s.Í;t there, witqoµt cr~ating some ,type ofa landscaping atmosphere which, would be pleas~nt, because it's always nice to have w~ter.. I It's not .going to be that deep. , MR. BREWER-But isn't there any concern about, won't that standing water draw mosquitoes, anq" I'm Lust questioning. I 'rn;'i~ot s,aying it will or it won't. I just have a question in my mind about it. MR. PALING;-We.,h~v~ a.11. sqrts of standing wate;r, aroun~,;, Tim. Crandall Park, ~i¡tsright 0µ1.; on Glen Street. MR.. BREWER-Yes, but ¡that's a pond. , / ! 1/ MR. PALING-Well, so is' this a pond. M~.BJ;U;\VER--All right. If I:lobody has a Goncer,n about·it.. MR. STARK-You can'.t call 8" Ii tt.le bodYQf water one .,foot deep a pond. Half the time ther,elsn't'going to be,;water in tqe thing. MR. RUEL-I have a question, I guess for Staff. Do we have a list of theitems ,that were dis.cussed and the open items, a~ ()~¡the,:last meeting? I s~e that ,the appliGant has responded to a, n'umbtÙ of them, but, obv ious 1 y, he hasn't responded to all of ':I~hem. Do we have a complete list? MR. PALING-Well, what points are missing? MR. RUEL-Well, I don't know. Tim just brought uptWQ po.ints. - 33 - (Queensbury Planning Board Mee'"t'ing3/26/96) MR. PALING-Okay. Well, I don't remêmber t~e fencing the way Tim does. ' , I MR. RUEL-Well, all right.' Aside from that,! do' we' have such a list? I ' ' MR. HILTON-We have a list that's been provided by the applicant 'statin'g' what thèy have. í ' , MR. RUEL-That's his response, but I mean, where's our list? Do we have a list? '1,<' ,-' 'I~\ I MR.' MACEWAN-You walked out of here with it the last time he' was here. MR'. GORALSKI-The list would be'in tHe minutes'pf the meetìng, and We don'lt nave the minutes of the meeting with us. MR. RUEL-Okay. document'. All right. I, thought maybe you had a separate -,J ~ ~; , \t )j.}!_1 MR. BREWER-They wJere the Staff; Nòtes' and the engineering cbrtments from last month. MR. RUEL-And that's what the app~icant responded to? , ' MR. HILTON-Yes. MR. RUEL-Okay. Thank you. MR. PALING-All right. Should we go to the public hearing on this? Okay. The public hearing was left open. 60es anyone care to comment on this matter? PUBLIC HEARING OPEN . ì! - - - .. 'J-: DOROTHY GEORGE . -. ," , . _ _ ~_,," _. - ~ , _ _,' - _ - . t', - 1 _ __ _ _ " . _ - , _ . _ ~ MRS. G~óitCE'-My namél is Dorotr1y'Geot'gé, 'árid r liv;e'\ln '9Iestwóód. My onl y concern, is, and I, th i n~ th i s has probabl y ,þ,een ,brought up before an'd 'I:} wasn't here,' but I'd' stinli(~' ;it, answe'red. Supposing this developmeht doesn't rêa.Hy do wé'lI,'and say that in four or five years it's not all filled up, what would happen to this large building? Imeah",you can't just let i'tsit there. So then you'd have to'g'Q and' lre2.!t'éinèlt;foi>:apar tments', because they are apartments. ,I'm just very concerned about our area. . 'I ., -'; j (', (" ~- . . MR~ 'PALfNG-I'm not sure there's 'an 'answer the Board cOuld or should give you on something like that. What:~än yo~ dW'wlth tour house or my house if, in five years? MRS. GEORGE-I just want to make sure that you all understand there could be either something there that is not, won't be the way it's suppos~d to be done, and then you're left something else that could be very undêwirable. ' MR. MACEWAN-The only thing that would happen 'at, tha't time, should you ever come to that situation, is that if it didn't conform to what the zoning allowed, they would have to ask for are-zoning requést or a va'rià.nce for that, a'nd you would ce'r'ta'inly be notified ahead of time',' S'O' yò~ could com'eand' voi'ce Yõur cortce,rns. , 1t ;' ; ',' that done with MRS. GEORGE-Okay. Wé't'f!('I 'just' wantìtö'make sure that everybody realizes that, because 70 apartments, that's a lot of people, and if''it isn't taken! up' by senior'Pcit'izens, it could certainly be taken up by college kids. It could be taken u~ by all sorts of people, and the neighborhoo~ would,really go down, the value of our prop~rty¡,' and even the value of t'hà.'t p'toper ty . That 'sail I wanted to say, Ju~t 1:0 make surè thaf'you realized that' that could happen. b - 34 - (Queensbury Planning Boa~d Meeting 3/26/96) Because I have ,many friends who are not a,t all ,interested ,in a sit u at ion li k e t hat. It' s a lot 0 f mo n e y to I i vet her e . You nee d about $25,000 to $30,000 to live in a place like that, and there aren't too many little old ladies and little old gentl,emen that have that kind of income~ Thank you. r-, MR. PALING-Thank you. Anyone else that would like to speak on this matter? Okay. If not, then the public hearing is closed. ; , PUBLIC HEARING CLOSED MR. PALING-All rigqt. ,A{)y other questions by the Board or what not, at this point? MR. RUEL-Well, there was j,ust on,e conment, last time, a,bout,some indication of the .size of the accessory ,building. I don't s~e a response to that. MR. HILTON-Well, because I think we discussed this earlic=,r,~ building is a utility. It's owned by, I think, Nynex, tQerefore, it's not s~bject ~o the zoning laws. That and MR. RUEL-Okay. MR. PALING-Okay. We do a SEQRA on this? MR. GORALSKI-Yes. It's an Unlisted Action. '¡: ",1 MR. PALING-Roger, you want to do that? MR. RUE,L-I~ it St;\ort Form or Long? MR. HILTON-There's a Short Form. Ii i . ~ . J ¡ " ,!' ~ MR. CORALSKI-There's a Short Form included with the application. MR. RUEL-Short. All right. RESOLUTION WHEN DETERMINATION OF NO SIGNIFICANCE IS MADE RESqL.UTION Nq. 2-96, Introduced by Roger Ruel, who ,moved for its adøption, second~d by Ça~herin~ LaBomba~d: WHEREAS, there app~ication for: is ,presently, before the Planning P~RRY NOUN A~SOCIATES, INC. Board an WHEREAS, this Planning Board has determined project and Planning Boa,rd action ,is subject State Environmental Quali,ty, Review Act, that the proposed to review under the NOW, THEREFORE, BE IT , , RESOLVED: " 1. No federal agency appears to be involved. 2. The followin,g agencies are involved: NONE 3. The proPQ~ed action cQnsidere~ by *his Bo~rd is unli~1ed in the Department of Environmental Conservation Re&ula~ions implementing the State Environmental Quality Review Act and the regulation~ of the Town of ,Queensbury. 1/ 4. An Environmental AssElssment Form has been cOfIlpleted by the apPlicant. ' 5. Having considered and thoroughly analyzed the rele~~nt areas of environmental concern and having considered the criteria - 35 - (Queensbury Planning Board Meeting '3/26/96) for determining whether a project has a significant environmental impact as the same is set forth in Section 617.11 of the Official Compilation of Codes, Rules and Regulations for, the ,State of New York, this Board finds that t'he act i'onabÒ'ut to be under taken by thi's' Boa'rd w 11 I have no significant environmentàl effect and the ,; chairmafi¡ 'of the Planning Board is hereby auth~rized to execute and sign and f il eas May' be neèessart a s t'a temen t of non-s Ígn i f fcance"or a negative declaration that may be requirÉ{(fi b)¡Ì'law.' Duly adopted this 26th dày of'March', 1-996, by the following vote: AYES: Mrs. '~,~Bdtnbard, Mr. Rue1,,' Mi. MäèEwf!n, Mr. Pàl i I1g 'I¡ , I"} ,< M'r. S'ta;tk, 1/ ',' ;1 ') ¡ NOES: NONE' i ¡;! . ¡ .''V ; ,., ':'> 'j , ABSTAINED: Mr. Brewer ABSENT: Mr. Obermayèr 'I MR. PALING-Okay. Then I guess we can go right tòiaumo'tion. MOTION TO APPROVE SITE PLAN NO. 2-96 PERRY NOUN ASSOCIATES. INC., Introduced by Roger Ruel who moved for its adoption, seconded by George Stark: Propose a 70 uni t senior complex wi th a'ssocia'fed roads and essential utilities. Duly adopted this 26th day of March, 1996, by the following vote: AYES: Mr. Ruel, Mr. MacEwan, Mr. Stark, Mrs. LaBombard, i Mr. Pali ng NOES: NONe ABSTAINED: Mr. Brewèr : ( , , ABS-ENT: Mr. qb~rtt¡àYët r'; , MR. ·PAI..;IN6LOkayi. thðhk you~! 'i, ,', ¡ MR'~ 'NOUN-Thanky'dùj'very ~m'úc'h. " j it': / r -; 'I ¡"'j '- ' j -1' I r Jf, MR. PALING10kay. Thé hèxf itetIÎ'ih'at T believe we 'want to discuss tonight is theCarafòto àþ'p!icaUðfn, or jusf a.s a discussion item, 'th~layöut iri the pafki~g'·lot. I thinkwhat'w~want to discuss is the' parking lot, 'and the cff'culationar'6'und' the bunding. Okay. Could yotr'juslti tell tis wha!i it' i's'ybuwåh't. ," J.,<;, RAt.ÞH CARAFOLO , , !J MR. GARAFOLO-Okay. 'It's' a pieceöf' property.' ' MR. STARK-I know where the propertyi:s,\,1 What [do" y;ÖU want thöugh? Do you want an island or no island? . 1', j .¡i MR. GARAFOLO-Well, I don't care what you put there. I just don't want cars to keep flying through I the'te~ ahd'i:t"sen~tti'rig to' be, it's been beautiful for the last two weeks. I was going to pop some pipe in the ground, put a chain' across it,' but up until then it's been nothing but police department there, people getting their car damaged, me going out there and wigging' but. t' mean, a thousand cars go by there. You walk out the door, and you've got a car dr'iving' Jp Io'n Üi'e sidewalk, and it just' doesn't stop. ~ .; " MR. RUEL-I have a question for you. Now you have a barrier there - 36 - (Queensbury Planni~g Board Meetin&: 3/26/96) now, do.n't you? MR. GARAFOL9-Yest MR. RUEL-Ok4;lY.. Do., cars pull in, and. final!y realize they' can't go. t~ro.u8~, and the~ back o.ut into the ro.ad? " . , MR. GARAFOLO-No.. They pullout, they start signaling, they lo.o.k. They see"and they. MR. RUEL-They ,øo.n't actually pull int.o. the area? ¡ !! ~ MR. GARAFOLO-N;9. Th~QP~y thing they do. nOW,we have a little bit o.f a pro.blem with, we're go.ing to. try to. so.lve that, too., is the dividing line between us and Soko.l's. What they'll do is they'll pull into. Soko.l's, what they usually do. is they run into. Soko.l's, curve aro.und his fence, co.me through us, and then hit Dixon Ro.ad. MR. RUEL-They have a fence there,do.n't :they, So.ko.l's? MRS. LABOMBARD-No.. MR. P~ING-No. MRS. LABOMBARD-They never did. i, ¡" MR. RUEL-Who's fence is that? MR. GARAFOLO-It's a dumpster, it surro.unds. MR. RUEL-I see, it's a dumpster. MR. PALINe-Let me g'ive you my 'experien~e with this, if you,:can, because I have change my o.pinion of what sho.uld be do.ne here. I dro.ve up to Mr. Garafolo.'s place of business with my truck, and I dro.ve into. bo.th sides, and I dro.ve into. a parking space, and I backed o.ut of a parking space on bo.th sides o.f the barrie,r"a,nd I co.uld do. it, if he has three parking spaces o.n either side o.f this barrier, I can go in and out with the truck with pretty gpoø ,~'ase, except fo.r o.ne side, which wo.uld be the Dixon Road side, and to. cure that, I'd reco.rrmend that he moves th~ þarrier,maybe sixfI.;feet wo.uld be to the no.rth, to.ward Aviatio.n Road. Then I think yo.u can take mo.st any vehicle into those threepar~ing ,sPaces, heaçf¡i in, back o.ut witho.ut co.ming anywhere near Dixo.n or Aviatio.n Ro.ad. You co.uld have. thr~e plus ,thr,ee th,ere" is! s~;x sp~ces,andI think1¡hree aro.und to. the right o.r. aro.und to. the w~s to.n,the s Í:cJ~, ! o,f the building, and I 'd,l.ike;"to. see a goo.d ruggeq,o.ne. It'll, hð¡ve to. be, then th~ o.nl y I i¡nger! n,.& probl em co.~es is that, if I'm exp laining this right, the bo.undary Une is the edge o.f the paving o.n the pro.perty that Mr. Garafolo. leases from Getty. There is a car width, a truck width there between his pro.perty, and the ,øµmpster enclo.sure, the fence, which it wo.uld be nice if we get so.m~thing stuck there, then no cars cQuld come through. MR. RUEL,-HQw wide is that? MR. PALING-Well, a truck width. MR. GARAFOLO-Seven o.r eight feet. MR. RUEL-You can get a car through it? 1 i" , MR.. PALING-Sure. MR. GARAFOLO-Let me tell yo.u something. W.e pl,1ttempo.rary barriers, and we've go.t guys who've go.t fo.ur wheel dr i ves dr i v i ng acro.ss that. - 37 - (Queensbury Planning Board Meeting 3/26/96) MR. iRUEL-Yes, but the òh'è thing that \Vorked was that big pile of snow you put there? MR.' GARAFOLO-No, it didn't. They fån their plows through that. I'd' have' to come ,back there at n i gh't , 'pi Ie it up'¡iag~i n, and wet it dowhso ft turned :to ice.',' Let me" t~'Yl 'you something, I can" t tell you how many times t~e cops were up there. I almost got whacked once. MR. RUEL-Assuming that we all agree that this would be the way to do it, to h'av'e' a barrier, who"'s responsibH'Ìty is it to put' the barrier lip?'! , , ' MR. PALING;";Well" it ,would be betweènMr. Garafolt> and' Getty t'o do it. > I (' I) MR. GARAFOLO-Yes. Getty wants to, they spent a lot of money on the buifdïng, they j\.is:t wari1: to see' this 'uþ:hnd runnillg.' This has been an ongoing battle with thefu, I gúess, 'fdtm~hy', ntðnyyear's..'They want to appease you. They want to stay away from you, and they just want to rent out th'at ;proølér'ty 'anti do !business';r " MR.STAR'K-Do Jÿdu go alongiwith ,Bob's 's'ugge'stion, mov'e your chain bart'Îer, 'Y'öu know, or bettie'r bà'ttier, five 'fe~t to'the n'orth, and then everybody gets in good from the north. Everybòdy'gets tn good from the south. MR. GARAFOLO-No problem. I was just trying to get cars stopped, I picked a spot. It's harder than hell. You guys are talking about, there's no frost Ii n'è. i Let me te I Jlyou so'met'h'ing'" I had a 60 pound jackharruner on a two foot pipe, and you aren't going d'own over a foot. MR. PALING-Is there anything we could do with, suggesting or asking Sokol's to put a barrier in there that woulátriatch up with' the planter? MR. GORALSKI-Well, let me get this clear. On the approved plan, there's supposed to be a guardrai I that goes, along the proper ty line. Are you stilltalk'fngabout puttIng th~tln? MR. GARAFOLO-Yes, something to stop them from cutting through: -1 I,:' i J MR. GORALSKI-All right, and then you'r,e putting a planter, is it? MR. PALING-Well, no, that piping wouldn't stop them from coming , ;' ,,'. , (, 1" t' ! through on sòkol sprópert~. : : 1-' .~ '. !" ! j, ' ) ì MR. GORALSKI-I know.' t'tn'j'ust trying to get 'â !dlear pi~ture of what Mr. Garafolo's going ta do, so I cah. MR. CARAFOLO-The co'tber, that whole length, I'd like to go from street to street. MR. GORALSKI-With some kind of guardrail? ¡ r MR. GARAFOLO- Yes, ab'solu tel y .. MR. GORALSKI-Okay, and then you're going tå'hàve1à planter going from that guardrai 1 to the sfdewalk along your, ,bu"i 19in,g? MR. GARAFOLO-Right. MR. GORALSKt-AWtI ttlen there's going to be sevéÍri <:n" eight feet between! Sollol "s 'dumpgter' and' ttieir gua.:rdt-àfl? « MR. PALING-More than that. , , - 38 - (Queensbury Planning Board Meetin3 3/26/96) MR. GORALSKI-Well, I c~J;\ go in and talk to Don Sokol. ,I havi~ no authority to make him do anything. MR. PALING-If he, has ~.. p:~pe f~nce there, that I think is; going to, i:t' 11 stop them from going onMr. Garafolo'.s proPer ty, but ,they can still zip through the Sokoil., unless they would put something up. , I ' MR. GORALSKI-And like I say, I have no authority, I don't th.ink any of us has have any authority, except I can certainly talk to him. . ' MR.(;GA~AFOLO-If ¥ou app{oach them right, they could do it,for you. If not, what I can always do is I can extend a piece of pipe, I can, legally, touch his property, right? Or I could extend over, and there's nothing wrol)g wi th that. Yoµ' v~ only got to go over three to five feet, so the kids could still gei by on their bikes, but you wouldn't be able to drive a vehicle through. MR. PALING-All 'right.JThen I believe, and, Staff, you're"oka,y with this. and Y04 might just ask Mr. Sokol. MR. GORALSKI-I need a plan from somebody. MR. GARAfqLO-We've got, three sets of plé;ms drawn up. Why ,don 't you use the first one, ,because th,e firist one pr.etjy much. ,~~ys out exactly whatwe':r~ d~ing n~w. .' MR. RUEL-You may have to modify it, though, for the movement of the fence· C'I " MR. GARAFOLa-The first one, that's the .way, it's set up, the way yo~~re Jalking about ,now. MR. BREWER-Do we have to formally do this, John? ,MR. GORALSKI~Yes. MR. PALING-This is a discussion only. What is Mr. Garafolo's next step? ,f ", MR. GORALSKI-Well., I., mean, you can modify,your approval tonight. You don't need a public hearing to do that. MR. PALING-What are we approving? MR. STARK-That barrier in the middle. " MR. SCHACHNER-So long as it's your determination, that what's proposed does not constitute a material change from what you previ ous 1 yapproved. I f it's a ma 'ter i at change, then you actuall y should reconvene a public, hearing. MR. PALING-It is. amp.ter:ial change, from what we approved, it is. MR. STARK-No, it's not that major, Bob. , MR. GORALSKI-I, personally, don't think it's a change that warrants re-advertising and having a public hea,ring. MR. PA,LING-All"r¡gþt. That's good with me. I'll go along with. MR. SCHACHNER~That's got to be a Board decision. MR. PALING-All right. Well, I think if the Board clearly understands what we're doing, and then we' llconment, is ,it okay to go along with, as explained, and it'll have t,Ç> be. put in a print, approved by Staff, then are you willing to go along with it? MR. RUEL-Yes. - 39 - (Queensbury Planning Board Meeting 31126196) 'MR. BREWER-I gUéss. The concept is' firte, but shOuldn't we have it on paper? I ' MR. PALING-It is going to be on paper. Staff. It'll be submi tted to MR. GARAFOLO-In a couple of weeks,'!t will be ôn' ith'é' gr'ound~' and then you can come take a look at that. ! l' r; J f MRS. LABOMBARD-Yes. I f he's got a good drawing 'ãnd everything's okay, it sounds good to me. r {;i¡\1 , I. ~1 ¡ . 1 .' MR. STARk-Lîkè~ise. J , . -i' MR. MACEWAN-If he's willing to do his drawing and make it accurate towhatwer~ re 'tål,IUng about tohi'gh'ti. {, ,. " i MR. PALING-Okay. What we said, submff'to Staff. If/they say it's what we said, then we can go. , , MR. MACEWAN-Maybe you better elaboratè that one more time,' s'b it's very clear what we're loo~ing for. "::q . MR. PALINÚ-All right." Should I do a motion? MR. SCHACHNER-Ultimately, if you're going to do this, you're going to need amotion, and I think Craig'sr'ight. The motion should be ¿lear' as to what ýou'te iipprbvlng 'änd"whéÌì' level of'inforrnation has to be met to be dieemed'~dequatë bY Staff!.j MR. PALING-All right. have anything with me. What have 'II, gdf 'for a' referencè? Give me a number. I don't MR. GORALSKI-Site Plan No. 75-95, Leemilt's Petroleum Corporation, AV'i'ation Road. ,1 i'i MR. PALING-Okay. MOTION TO APPROVE MODIFICATION TO SITE PLAN NO. 75-95 LEEMILT'S 'PETROLEUM, Intrbduced by'Robeh:'Pð:rrng wHó moved''£b,ri'ts ådoptìon, sec'o'nded by Roger Rtlel:' ' , '( i " , L,U Location: Aviation Road. That the site plan be approved with the following'condi tions, that a plarlter"be 'þlanted acro~s the middle of the iexis'tingpavi'I'Î'g,' 'anowiM~tootn for 'a' si1dewalk, but goinfg to the edge of the pavement in the other direction; !~oiard Sokol's, and that this planter be a minimum of two feet wide and three feet high, and that a guardrail be insta1'led t'u'nning 'appr'oxt(rlat;elynorth and south along the Leemilt property line from Dixon to Aviation Roads. That the planter be locatèd àþpr'oxtmàfely islx' feet to the north of the test chain link fence. That this does not represent a material change, but that the fifiãl print would'b~ '~pproved by Staff. Duly adopted this 26th day of March, 1996, by the following vote: " ;:,i: ' ' , AYES: Mr. MacEwan, Mr. Stark, Mrs. LaBombard, Mr. Rµel, Mr. Paling ¡ Ii NOES: NONE I i ;>1 ; '] ABstAINED: ':Mr. Brewe'r ABSEN1:' í Mr .Obe'r1òa'y~i ¡ I ; ; ¡ (: t) MR. PALING-I have just one quick question for the Board. Six of us, last time, signed a letter stating that we want. the election date moved from January back to November. ThE! intent 'in my ''mind - 40 - (Queensbury Planning ~oa~d Me~ting 3/26/9~) was" and ,1, didn't ¡state it here. That's w,hy I'm /asking the question, th~tthe officers take their new office January 1st. Is that okay? MR. STARK-Yes. MR. PALINC..,.January 1st? Okay. MRS. LABOMBARD-So basically we'd have a lame duck guy in there for ,a couple o,f months. MR. PALING-For a couple of months, or a month, because ii' 11 be the last meeting. Okay. Then I will just add in, offiqe will be taken the 1st of January. Okay. That's all I have. MR. MACEWAN-I've got a q~estion for Staff. Whatever happened, I have two questions. Native, Textiles', ,~ite plan? It's a simple question. Whatever happened to MR. GORALSKI-Native Textiles, my understanding is that they are pur$~ing different options. MR. MACEWAN-Okay. The second one. At home, in my archives, I was told many, many moons ago to retain a stack of ~ocuments about that thick for John Brock. Do I still retain those stack of documents? MR. CORALSKI-Yes" you: .should. As a matter of fact, we've fecently rece~vecf açlpL1;.,iqnaI: intoiI;rnation from:~r. BrQc;lç. The Zonin~ Board, tomorrow night, is going to discuss a speci,al mee:t¡ing, and I assume they will pass a resolution instructing us to distribute that i;nformatior), to all of th:! il)volved agencies. MR. MACEWAN-Okay. MRS. LABOMBARD-And I have an easy one, too. What ',s the status of the Mike Vasiliou project on Fox Farm? MR. MACEWAN-I have one more question after that. ; ". , ' ' 1. MR.HILTON-:They' re ,$t,Lll imrolved,1 believe, in the ,TowµBoard's process of hearing , it. They were heard once. They' vead,ourned it. They're going back again to discuss the entire project. ,MRj! PALIN,q-po YQu, 1<!l0W when that is? I missed th,e other one. I ~a"t to get to this, one, when the Vasiliou/Fox Farm comes before the Town, ßoard? , , MR. HILTON-I don't. hav~ a, date. , , ,MR. GORALSKI-I don't think there"s a d~te set ye,t. " MR. SCHACHNER-No, there isn't. ~ ¡ MR. PALING-There is no date? MR. SCHACHNER-Correct. MR. BREWER-Has anybody, with this Ermiger thing? MR. MACEWAN-You're going to ask the question. MR. BREWER-The structure? I've got a problem with it. I think it's a structure. Our definition says, riany object c~nstructed, installed or permanently placed on land to facilitate land USe and development or subdivision of land". To me, that track is a structure. , ' MRS. LABOMBARD-Me, too. - 41 - (Queensbury Planning Böard Meeting 3/26/9'6) MR. MACEWAN-Even if the track wasn't a sttuèture, the concession stand is. : . ).~ ;1' , '¡ MR. GORALSKI-No one's ever said that the concession stand is not a structure. MR. BREWER-Right. That's 75 foot back, but the track is'not. I'm saying that I think the track is a structure. i ~, MR. RUEL-How many more feet would be added, as a setback; if the track was a structure? MR. BREWER-It would have to be setback 75, wouldn't it? " MR. GORALSKI-It has to be set back 75, as if it were a structure. MR. RUEL-And what is it now? MR. BREWER-Twenty some. MRS. LABOMBARD-Thirty-seven. MR. RUEL-That's quite a distance. MR. PALING-Mark, lets here from you on this. MR. SCHACHNER-Well, don't forget that the determination, a determination like that is the call of the Zoning Administrator, and we don't have the authority to overrule the Zoning Administrator's call. My understanding is that the Zoning Administrator, Jim Martin, has ruled, in some fashion, I don't know that he's formally ruled in writing or not, but my understanding is that this issue was brought to Jim Martin's attention, and that, as Zoning Administrator, he has made some sort of determination that the track does not constitute a structure. MR. GORALSKI-That's correct. MR. PALING-That's right. I heard him say this, yes. MR. RUEL-And that's it? There's nothing we can do about it? MR. GORALSKI-You can appeal, what I would recommend you do, I think the correct process would be to ask him for a written deternlination, and once you receive that written determination, if you disagree with it, you have the right to appeal it to the Zoning Board of Appeals. MR. BREWER-I would like to get a written, not that I doubt Jim Martin, but I just, I have a hard time understanding unless I hear from him. MR. PALING-Well, can you fellows just take care of having Jim put it in writing? MR. GORALSKI-I would prefer that you pass a resolution. MOTION TO REOUEST A WRITTEN DETERMINATION ON THE ISSUE OF THE STRUCTURE OF THE ERMICER RACE TRACK. WHETHER IT OOES OR OOES NOT CONSTITUTE A STRUCTURE, Introduced by Timothy Brewer who moved for its adoption, seconded by Catherine LaBombard: Duly adopted this 26th day of March, 1996, by the following vote: AYES: Mr. MacEwan, Mr. Stark, Mrs. LaBombard, Mr. Ruel, Mr. Brewer, Mr. Paling NOES: NONE - 42 - ( (Queensbury Planning Board Meeting 3/26/96) ABSENT: Mr. Obermayer MR. BREWER-I'm just uneasy with it. MRS. LABOMBARD-I amt too. MR. PALING-qkay. MR. BREWER-If it isn't, then he'll tell us why, and we can agree or disagree. MR. RUEL-I don't like 37 feet from the road. , MR. PALING-All right. Any other business to come before the Board? Okay. RESPECTFULLY SUBMITTED, Robert Palingt Chairman , '-1 ; ¡ , ,If' . 1l'~· ." \ fr,,' . ~; , , \ I \ ¡ j Iv~ ; I ) :' II ¡;n,n ,;:¡;.; ; , I . I - 43 -