2007-06-26
(Queensbury Planning Board 06/26/07)
QUEENSBURY PLANNING BOARD MEETING
SECOND REGULAR MEETING
JUNE 26, 2007
INDEX
Site Plan No. 57-2005 Northeast Dining and Lodging 1.
Tax Map No. 296.18-1-6
Subdivision No. 13-2006 Thomas Brennan 9.
PRELIMINARY STAGE Tax Map No. 315.0-1-12.1, 12.2
Subdivision No. 16-1992 William & Dale Smith; John & Patricia Logan 9.
MODIFICATION Tax Map No. 301.17-1-1, 2
Site Plan No. 31-2007 Jeff Howard 13.
Tax Map No. 296.7-1-9, 10
Freshwater Wetlands Permit Joseph & Clementina Soprano 16.
No. 1-2007 Tax Map No. 296.14-1-49
Site Plan No. 34-2007 Joseph & Clementina Soprano 22.
Tax Map No. 296.14-1-49
Site Plan No. 35-2007 Michael Crayford 25.
Tax Map No. 290.-1-22.122
Subdivision No. 15-2006 Legacy Land Holdings, LLC 30.
PRELIMINARY STAGE Tax Map No. 296.15-1-28
Site Plan No. 36-2007 Henri Langevin 45.
Tax Map No. 309.5-1-3.12
THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TO BOARD
AND STAFF REVISIONS. REVISIONS WILL APPEAR ON THE FOLLOWING
MONTHS MINUTES (IF ANY) AND WILL STATE SUCH APPROVAL OF SAID
MINUTES.
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(Queensbury Planning Board 06/26/07)
QUEENSBURY PLANNING BOARD MEETING
SECOND REGULAR MEETING
JUNE 26, 2007
7:00 P.M.
MEMBERS PRESENT
CHRIS HUNSINGER, CHAIRMAN
GRETCHEN STEFFAN, SECRETARY
DONALD SIPP
THOMAS FORD
THOMAS SEGULJIC
STEPHEN TRAVER
TANYA BRUNO
GIS ADMINISTRATOR-GEORGE HILTON
TOWN COUNSEL-FITZGERALD, MORRIS, BAKER FIRTH-MARK NOORDSY
STENOGRAPHER-SUE HEMINGWAY
NORTHEAST DINING & LODGING SITE PLAN NO. 57-2005
JON LAPPER, REPRESENTING APPLICANT, PRESENT
MR. HUNSINGER-Okay. If everyone recalls, we agreed to meet this evening to talk
about any conditions that we may want to consider on the Golden Corral project, and,
you know, the applicant agreed to meet with us again this evening to talk about what
those may or may not be. I don’t know, I’ll just open it up, I guess, for members
comments or discussion of any thoughts that they had since last.
MR. TRAVER-Well, I guess for me, one of the things that was identified is the footings
that will be installed for the retaining wall, and I understand that because that relates, if I
remember the discussion, because that relates to the building permit, and those details
are not normally part of the site plan, but my concern is because of the proximity to the
wetlands, and from, again, from the discussion that we had last week, it sounds like
these footings may be somewhat substantial. I’d like to, if we can, have some
opportunity to have those designs looked at, maybe by the Town Engineer or somebody,
to assess the impact and make sure that they’re minimizing. I gather that’s not (lost
word) because it just requires a building permit, but I think in this case, it’s something
you might want to consider asking for.
MRS. STEFFAN-I thought that there was a, on the plans it identifies a condition that it
has to be approved, that the design of the retaining wall has to be approved by the Town
Engineer.
MR. HUNSINGER-The Town Engineer, yes.
MR. TRAVER-I thought it was just approved by the building. Okay. All right.
MR. LAPPER-That is on the plans. That was a condition that we previously agreed to.
MR. SEGULJIC-What would happen if they extended it to the wetland area, then?
MR. LAPPER-Well, what happened here was that the, in April there was a sign off from
C.T. Male that the retaining wall was buildable. That this Board had asked whether it
was an issue of buildability, and they had signed off on it at that time, before the SEQRA
approval, before the SEQRA Neg Dec, and then later we agreed as a condition that the,
what you just said, that the Town Engineer would review it at the time it was submitted
for a building permit, because it has to be designed just like I said last week, that the
building has to be designed to meet standards. So that would be something that we
agreed that we would submit it to a Town Engineer. I mean, in terms of the wetland,
there is sufficient separation, with the exception of the tenth of an acre or less than a
tenth of an acre disturbance, that it’s an Army Corps wetlands. So that’s permitted in the
front. In every other case, the retaining wall you see on the Site Plan is not in the
wetland. It’s adjacent to the wetland. So it’s being constructed. I mean, obviously you
have to put up a silt fence barrier to make sure you stay away from the wetland, but there
is sufficient distance between where the footings would be, and they’d obviously be built
from the other side before it gets filled, but there is sufficient distance. So they could be
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built without disturbing the wetlands. Because if you drove a tractor into the wetland,
even for a temporary construction impact, it would still be an impact that would an impact
that would require a permit. So this was designed to avoid that.
MR. SEGULJIC-So in theory, the footings have to go down four feet or so, at least, I
would say.
MR. LAPPER-Usually for a house they’re four feet. I can’t tell you if it’s four feet for a
retaining wall.
MR. SEGULJIC-As if recall, in some of the places the wetlands are closer than the four
feet. I believe they’re five feet and in some places they’re closer than the four feet.
MR. LAPPER-But if you’re constructing something and you’ve got a stability issue, you
know, maybe you put in a small piling that’s four feet deep to hold back dirt and dig out
on this side. I mean, usually you use a trench. You use a bucket to dig footings, but if
there’s a problem where it’s too close.
MR. SEGULJIC-So are you saying you’re going to drive sheeting, initially?
MR. LAPPER-Well, if there are some areas that are close, that’s what you’d do, but
you’re not talking about sheeting like pilings. I mean, you’re only talking about for
footings. So it’s not that, it’s not going to be that deep, but is your concern the impact on
the wetland?
MR. SEGULJIC-Yes.
MR. LAPPER-I mean, my answer is that the plans provide that there’s sufficient
separation.
MR. SEGULJIC-Well, in theory. I mean, have soil borings been done on the site?
MR. SIPP-You’ve got to have a soil sample.
MR. LAPPER-Soil samples were taken on the whole, I mean, that was all done, the geo
technical.
MR. SEGULJIC-But being an area that’s been filled, as we all know, it’s very variable
across the site.
MR. LAPPER-But the issue with the fill is that, where there’s some fill, we talked about
this with the truck traffic. The fill that is not suitable to be compacted, it’s going to have to
be removed, and that’s totally separate. I mean, in any case, it has to stay away from the
wetland, and the rule is, the project was designed that it has to be constructed to stay
away from the wetland. We talked about it last week. The reason for the retaining wall
was to avoid wetland disturbance.
MR. SEGULJIC-Well, to clarify that, the reason for the wetland is to increase the parking
lot area. The reason for the retaining wall is to increase your parking field.
MR. LAPPER-But there’s nothing wrong with building a retaining wall, as long as, I
mean, the goal is to avoid wetland disturbance. I explained this, just like at Applebee’s
where there’s a retaining wall along the front, it protects the wetland because you don’t
have a slope. That has to be graded so it’s effective. I mean, the only, the regulation is
don’t disturb the wetland. That’s a design that allows the wetland not to be disturbed.
MR. SEGULJIC-But once again, we’re talking six, eight foot tall retaining walls, four or
five feet into the ground.
MR. LAPPER-There’s nothing that says, I mean, that prevents that. The Home Depot
had a 30 foot retaining wall on the side by the wetland, and Applebee’s has at least eight
foot of retaining wall and they’re right along Halfway Brook, right at the corner of the
parking lot, you know, exactly the same. So there’s nothing that’s problematic with that.
It just has to be constructed properly.
MR. SIPP-My concern is that clay soil is not going to float a very heavy object. It’s going
to push out, and in order to do that, you’ve got to make it wider or longer or so forth, to
get more surface area, so there’s less pressure per square foot.
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MR. LAPPER-I think that’s what you guys are trying to say, it sounds like is that there’s
some reason that this project shouldn’t be built because there’s a retaining wall next to a
wetland, and my answer is that there’s nothing unusual about that.
MR. SIPP-I think it’s disturbance of the wetland.
MR. LAPPER-But the wetland isn’t proposed to be disturbed, and I can’t be disturbed.
MR. SIPP-We don’t know that.
MR. LAPPER-Well, your engineer has signed off on it. I guess that’s.
NERAL PATEL
MR. PATEL-When any project is built, Jon, isn’t that like when you submit a set of plans,
you get inspected throughout the stages to make sure that you’re complying to approved
plans, right?
MR. LAPPER-Yes.
MR. PATEL-So how would I be able to build something that would disturb the wetlands
more than what I’m agreeing to not disturb.
MR. LAPPER-Right, you can’t.
MR. SIPP-(Lost words) factor of how much pressure you can put on that soil.
MR. PATEL-But I guess the pressure versus disturbance are two separate issues,
correct?
MR. SIPP-No, but in order to spread out the pressure, you’re going to have to make the
footings bigger than normal. I’m guessing this is a heavy clay soil that’s in the bottom of
this swamp, wetlands.
MR. LAPPER-The soil borings are all provided. I guess I’m just going to quote from the
Judge’s decision, very simple. The Statement of Findings focuses on perceived negative
impacts relating to parking, traffic on Quaker Road, driveway spacing, and the
construction of retaining wall. The conclusions drawn with respect to each of these
areas are supported by speculation and conjecture, based upon the Chairman’s
interpretation and the section of data that was previously presented and accepted during
the SEQRA review as not presenting a negative impact and conforming with the existing
Town Code. All of these areas of concern were thoroughly examined by a variety of
experts, utilizing accepted engineering and planning standards. So, I mean, that’s our
position.
MR. SIPP-Do we have an engineer’s report that says that?
MR. LAPPER-Yes, we do. There’s an engineer’s report that says it’s buildable, and your
engineer, C.T. Male, submitted a report saying that they agree, that they concur that it’s
buildable.
MR. SIPP-It’s buildable. Anything is buildable. What I’m concerned with is do we know
how many pounds per square foot we can put on that soil?
MR. LAPPER-Well, I don’t have that answer here, but it’s in the data.
MR. SIPP-And I don’t think the Judge had that answer either.
MR. LAPPER-No, but, I mean, that’s, the answer is that goes beyond the Site Plan
review, and if you want another court to look at it, that’s your prerogative. I think there’s
a benefit to the community in getting this thing settled, but the answer, to try and say that
you want to deny the Site Plan, because you’re concerned, as a matter of engineering,
whether the retaining wall can be built outside of but in proximity to the wetland, my
answer is that’s already been ruled on by your engineer and they said it was fine.
MR. PATEL-And that would fall under the umbrella of the structural engineer, the
Building Department, to evaluate that?
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(Queensbury Planning Board 06/26/07)
MR. LAPPER-Yes, but beyond that, the actual building plans, we’ve already agreed,
were reviewed by the engineer at the time the plans were submitted.
MR. SEGULJIC-I guess, why does the retaining wall have to be so high?
MR. LAPPER-So that the parking lot will be flat and level.
MR. SEGULJIC-Isn’t it also because your stormwater retention is under the parking lot?
MR. PATEL-No. I think what I remember from Chris’ engineering, is to prevent the pitch
so that the stormwater doesn’t runoff into the wild, because that’s the whole part of the
stormwater prevention plan, to stay into the site.
MR. LAPPER-It has to pitch into the filter, so that nothing runs off into the wetlands.
MR. SEGULJIC-So why not put a retention basin on site, then, instead of this expensive,
innovative stormwater treatment?
MRS. STEFFAN-As one Planning Board member, I scanned all the minutes that were
available to us, and we’ve gone over this territory before. Chris Round, I thought, did a
very thorough job of explaining the stormwater management program. I thought that he
did a thorough job explaining the engineering behind putting a retaining wall in, and we
did have sign offs from our Town Engineers, our representatives, and so, you know, from
a science point of view, you know, we’re not scientists, and so we have the engineers
who have signed off on the material that’s been presented. So I think we’d be on shaky
territory, trying to dispute what’s already been agreed to. We have a negative SEQRA
declaration based on, you know, this information, and we chose not to re-open SEQRA.
So I understand some of your concerns, but at the same time, we’ve been through this
and we agreed to the plan as it was presented, up until that point. I mean, we took the
information that was presented and it was acceptable to us. So, I just think we’re on
shaky territory there, is my opinion, as one member.
MR. HUNSINGER-Anyone else? Tom?
MR. FORD-I need to ask a couple of questions. If we were to guarantee expedited
review, would the applicant consider building in any other location in the Town of
Queensbury?
MR. PATEL-No.
MR. LAPPER-The answer to that is that Neral already has a multi year ground lease and
he’s already paying for this site.
MR. FORD-My second question is, would the applicant consider down scaling the
project. A smaller restaurant would require less paved area, fewer parking spaces,
therefore impact the wetlands less. It would also reduce the number of cars and buses
leading to less vehicular congestion and fewer accidents.
MR. LAPPER-Let me answer that this way, Tom. We did not seek a green space
variance. The site is more than compliant in terms of the developed area versus the
green area, and this whole sophisticated and expensive stormwater plan is designed to
protect the wetlands by providing the required filtration of the expensively engineered
system, designed system, but it accomplishes the goal of filtering and treating the
stormwater before it runs out into the wetland, and you want the water to go into the
wetland to create a wetland, but you want it to be clean, and we accomplished that. So if
there’s no reason under the Town Code why the amount of building and the amount of
parking is excessive for this site. It just would be a problem if we were creating wetland
impacts, which we’re not here.
MR. FORD-So the short answer is no?
MR. LAPPER-Right.
MR. HUNSINGER-Did you have anything else, Tom?
MR. FORD-Those were my questions.
MR. HUNSINGER-One of the concerns that was voiced by members of the Board was
the truck traffic during construction, and we never really talked about possible mitigation
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measures, you know, such as, you know, construction, traffic controls, flag people or
whatever. I just wanted to know if there was any consideration given to that?
MR. LAPPER-We had actually agreed before the last meeting that we would restrict
truck traffic to right in and right out. I mean, this is an area, I know the Board raised it in
the end as an issue of concern, but the State and County just did a much larger project
with, you know, over eight weeks of construction to re-do that intersection with much
heavier truck traffic, and in this particular area there’s very good sight distance and
visibility and so what we had agreed as a condition to address that was that it would be
right in, right out for construction vehicles, and we think that should take care of your
concerns. We tried to agree to everything except stuff that would stop the project.
MR. TRAVER-Do you have an estimate as to how long the construction will take?
MR. LAPPER-Eight to, I’m sorry.
MR. PATEL-Improvements to the site, or from start to finish?
MR. TRAVER-Start to finish, well, let me put it this way, the period of time during which
there would be the truck traffic.
MR. LAPPER-That was about eight to ten weeks.
MR. PATEL-No, it wasn’t even that long. When I spoke to Galusha, based on what was
needed for import/export, he said he could have, it was eight to ten week for site work
because of the lead time for the subsurface stormwater system, because the pre-cast
units take eight to ten weeks to manufacture. So you can get site work started. You’ve
got to stop at some point, but the actual truck traffic I believe he said he could have done
in about four weeks. I believe Dan Galusha told me it would take four weeks, on five day
work weeks.
MR. HUNSINGER-Did you have any questions, Gretchen?
MRS. STEFFAN-No. Actually, one of the questions I had that I didn’t ask before, as I
was going over the minutes. We talked about the infiltrator, and I don’t know if you guys
can answer this, but we had talked about a grease bin issue, that you have a lot of
grease bins that would be emptied regularly. What would happen if there was a spill and
it went into the infiltrator system?
MR. PATEL-That’s a good question. The system that we use now is there’s no more
grease bins. There’s a company called Restaurant Technologies that has self-contained
systems where all grease is evacuated into them, and a truck pulls up with a, it’s a
special system where there’s no chance of grease spills. Just big 30 gallon drums that
come, they’re self-contained. Obviously they’re food service safe and everything else,
but the truck pulls up to the back of the building where there’s an inlet or outlet, there’s
two of them to evacuate all greases right into the back of a truck, so there’s never any
transportation of grease that would actually be into the ground.
MR. HUNSINGER-Any other concerns from the Board that they want to discuss?
MRS. STEFFAN-From going through the minutes, I don’t find where we determined
which one of the pictures, the color schemes were selected. We skirted around it, but
we’ve never picked one, according to the minutes.
MR. LAPPER-Yes, we had submitted the choices, and said we would defer to the will of
the Board, and Neral said he felt that the third one was the most subtle and attractive,
but certainly to get an approval and avoid another six months in court, we would take
whichever one you like.
MRS. STEFFAN-And the other thing is, I went through the minutes. The pole mounted
sign is actually shorter than we’ve actually gone through and determined that 20 feet is
an ideal sign height, and yours is at 15.
MR. PATEL-Yes, we had reduced it to a monument sign because there were some
concerns about visibility.
MRS. STEFFAN-And there’s prohibition of the left hand turn, which was a big issue. The
performance bond issue was addressed. Chris Round actually had some explanation for
the Board, which I thought was very good reasoning and logic, and throughout the whole
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(Queensbury Planning Board 06/26/07)
process, one of the things that I found kind of noteworthy, going through the minutes,
was how little public comment there was. I mean, there was some, but it was very little,
compared to (lost word).
MR. SEGULJIC-I guess, considering that this is an unusual forum, I guess what we hope
to accomplish is come up with some conditions, and then what would happen?
MR. HUNSINGER-Well, you’re right, it is. We’re at a situation where the Judge has
ordered the Town issue the permit and to allow the construction to commence.
MR. SEGULJIC-But also the Board has decided to appeal that decision.
MR. HUNSINGER-That’s right. That’s right. The applicant said last week that they
would take into consideration any conditions that we may request, and I guess we really
haven’t officially done that yet. So I guess really where we’re at is that we would make
those requests and that they would consider them. I mean, some things they said no to
obviously this evening. Some things they said, well, we already agreed to that. So I
guess it would be up to us to kind of come up with a list, and then offer it to them to say,
sure, we can accept those or not. I guess a resolution might be in order.
MR. SEGULJIC-But since we’ve decided to appeal it, really everything’s on the table.
MR. NOORDSY-If you were able to agree to conditions, let’s say you came up with your
list and there was agreement with you and the applicant, then the appeal process could
be halted, if that came to pass, and you’d have an approval with those agreed upon
conditions contained in it, but meanwhile the appeal process will go along unless that
happens.
MR. SEGULJIC-But since we’ve agreed to appeal it, that means, from our perspective,
everything’s on the table. Correct?
MR. NOORDSY-I’m not quite sure I understand what you mean.
MR. SEGULJIC-Well, since we’ve decided to appeal the decision, it’s as if the decision’s
not there for us.
MR. NOORDSY-You’re probably getting into where we should be discussing this in
Executive Session.
MR. SEGULJIC-Okay.
MR. NOORDSY-I would take that as legal advice that I would prefer to be giving in
Executive Session.
MR. LAPPER-I understand that. I guess if I could for just a second. My read of the
decision is that the Site Plan meets the Town requirements and that the Board can’t,
under the guise of denying Site Plan review, deny a permitted use in this area because it
meets the Town requirements, and my expectation is that if we go to appeal, we’ll get the
same or a stronger decision from the Appellate Division, but that’s obviously something
that would take a number of months to get to that point. I think that there’s a benefit to
the community to get matters like this settled rather than to litigate, not just in terms of
money on both sides, but just in terms of people trying to work things out. So we’re here
in a matter of compromise to try and see if there’s a list of, short of moving the site to
another location, or building a smaller building, you know, any other conditions that
protect the Planning Board’s interest in making sure the property is properly constructed,
we would be here to agree to, and it’s our hope that, you know, notwithstanding that this
has been litigious, that we could work it out, and either we can or can’t.
MR. HUNSINGER-Your question, was that leading to a statement or a comment that you
wanted to make, Tom?
MR. SEGULJIC-Or clarification.
MR. HUNSINGER-Okay.
MR. SEGULJIC-I guess, with regard’s to Mark’s comment, could we go into Executive
Session just to get that clarified?
MR. HUNSINGER-Sure.
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MR. NOORDSY-I would just make sure, before we do that, we’ve got all the proposed,
any ideas that you all have out on the table, just so that we’ve heard the applicant’s
response to that. I think you may have already done that.
MR. FORD-At some point, Mr. Lapper just gave his interpretation of the Judge’s
decision, and I happen to have a different interpretation, which I also would like to voice,
but we can do that after Executive Session, before it, or whatever.
MR. HUNSINGER-Okay.
MR. SEGULJIC-So I guess I should make a motion to go into Executive Session.
MR. HUNSINGER-Okay.
MOTION TO GO INTO EXECUTIVE SESSION, Introduced by Thomas Seguljic who
moved for its adoption, seconded by Stephen Traver:
th
Duly adopted this 26 day of June, 2007, by the following vote:
AYES: Mrs. Steffan, Mr. Ford, Mr. Sipp, Mr. Traver, Mr. Seguljic, Mr. Hunsinger
NOES: NONE
ABSENT: Mrs. Bruno
MOTION TO COME OUT OF EXECUTIVE SESSION, Introduced by Stephen Traver
who moved for its adoption, seconded by Thomas Seguljic:
th
Duly adopted this 26 day of June, 2007, by the following vote:
AYES: Mrs. Steffan, Mr. Ford, Mr. Sipp, Mr. Traver, Mr. Seguljic, Mrs. Bruno,
Mr. Hunsinger
NOES: NONE
MR. NOORDSY-We’ve gone through at least, I had a list of items, as far as proposed
conditions for you. The first two I think we’ve agreed upon, just for the record, to list
them as part of the conditions, proposed conditions, would be a right in, right out, the
construction traffic, and Number Three, for the color scheme. Then the additional items
that we came up with. There is a provision in the plans for the design of the retaining
wall to be submitted to the Town Engineer for approval, and in request that that be done,
and that the wetlands flagged and the protection measures in place before the actual
construction’s done.
MR. LAPPER-That’s acceptable.
MR. NOORDSY-And then the last item is with regard to alternative stormwater plan,
which involves different (lost words).
MR. SEGULJIC-If I can clarify that. As we know, one of our concerns is the height of the
retaining wall. What we’d like you to do is re-visit the stormwater, look at things like
impervious pavement. Maybe using the entire the parking lot beneath it for storage
capacity, things of that nature.
MR. LAPPER-Explain.
MR. SEGULJIC-There’s products out there, all impervious pavement, that the entire
parking area would be allowed to drain down below. I’m not a stormwater design person,
but you could then use a riprap as storage capacity.
MR. LAPPER-The issue is that it has to be pre-treated before it can be released, and
there’s qualitative requirements about sediment.
MR. SEGULJIC-Right. I’m asking you just to look at that.
MR. LAPPER-We’ll look at anything if it’s possible.
MR. SEGULJIC-And maybe by that, being able to reduce the size of the retaining wall.
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MR. HUNSINGER-That’s the goal, is to reduce the size of the retaining wall, which would
also reduce the amount of fill needed to (lost words).
MR. LAPPER-I don’t recall, in terms of the height of the structures, whether there’s a
possibility of bringing everything down a foot. Maybe there is. We’ll certainly look at it.
MR. NOORDSY-Well, why don’t you do that, and your office and ours would work on a
proposed set of conditions that this could go in front of, you know, as a document, it
could go in front of the Planning Board at their next meeting.
MR. LAPPER-Which would be when?
th
MR. HUNSINGER-Our next meeting’s July, July 17.
MR. LAPPER-I’m out of town that week. Would there be a possibility to move it quicker,
just in terms of the four conditions?
MR. NOORSDY-As long as you call your meeting properly.
MR. HUNSINGER-The week before that?
MR. LAPPER-Certainly our goal is to get this settled rather than to continue to litigate it,
and we can come up with anything that would reduce the height of the retaining wall,
we’d certainly try.
MR. HUNSINGER-I suppose, this room’s always available. Right, John, usually, except
for Monday nights?
JOHN STROUGH
MR. STROUGH-Well, yes. Most often, yes.
MR. HUNSINGER-I suppose we could always use this room if we needed to, but maybe
th
we could look at the week of July 9 for a meeting date. Staff, does that give us enough
time?
MRS. BRUNO-Will your engineer have enough time to run all those calc’s?
MS. HEMINGWAY-Yes, it’s not a public hearing.
th
MR. HUNSINGER-That’s right. Okay. We’ll look at something the week of July 9.
MR. LAPPER-I think we’ll know in a couple of days whether there’s something that’ll
reduce the retaining wall, but anyway, we appreciate you coming up with a list of
conditions, and we’ll try to satisfy.
MR. TRAVER-Well, we appreciate your listening.
MR. HUNSINGER-I was going to say, we appreciate the opportunity to discuss it.
MR. LAPPER-Thank you.
MR. PATEL-Thanks.
(NOTE: THE MEETING RE: NORTHEAST DINING WAS HELD IN THE
SUPERVISOR’S CONFERENCE ROOM, TOWN HALL, AT 6:00 P.M., BEFORE THE
REGULAR PLANNING BOARD MEETING OF 6/26/07)
MR. HUNSINGER-I’ll call the meeting to order, the Town of Queensbury Planning Board.
thndthth
The first item is approval of minutes for March 20, 22, and 27, as well as April 17,
thth
24, and 26.
APPROVAL OF MINUTES
March 20, 2007
March 22, 2007
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March 27, 2007
April 17, 2007
April 24, 2007
April 26, 2007
NDTH
MOTION TO APPROVE THE MINUTES OF MARCH 20, 22, AND 27, AS WELL AS
THTHTH
APRIL 17, 24, AND 26, 2007, Introduced by Stephen Traver who moved for its
adoption, seconded by Thomas Ford:
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Duly adopted this 26 day of June, 2007, by the following vote:
AYES: Mrs. Bruno, Mrs. Steffan, Mr. Seguljic, Mr. Sipp, Mr. Ford, Mr. Traver, Mr.
Hunsinger
NOES: NONE
SUBDIVISION NO. 13-2006 PRELIMINARY STAGE SEQR TYPE UNLISTED
THOMAS BRENNAN AGENT(S) B P S R OWNER(S) SAME ZONING SR-1A
LOCATION 751 CORINTH ROAD APPLICANT PROPOSES SUBDIVISION OF A
22.70 ACRE PARCEL INTO 16 RESIDENTIAL LOTS RANGING IN SIZE FROM 1.0 TO
2.33 ACRES. SUBDIVISION OF LAND REQUIRES PLANNING BOARD REVIEW AND
APPROVAL. CROSS REFERENCE SKETCH: 10/17/06 WARREN CO. PLANNING
4/11/07 LOT SIZE 22.70 TAX MAP NO. 315.0-1-12.1, 12.2 SECTION A-183
MR. HUNSINGER-The next item on the agenda is a request from Thomas Brennan for
Subdivision No. 13-2006. It was tabled to this evening. The public hearing was left
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open. The applicant has asked that we table it to the July 17 meeting. There is a
resolution provided by Staff for your consideration. Would anyone like to move it?
ON APRIL 26, 2007 SUBDIVISION 13-2006 THOMAS BRENNAN WAS TABLED TO
JUNE 26, 2007. INFORMATION REQUESTED WAS NOT SUBMITTED BY THE
DEADLINE DATE INDICATED IN THE RESOLUTION [5/15/07]. A REQUEST HAS
BEEN MADE BY BARTLETT, PONTIFF, STEWART & RHODES TO PLACE THIS
APPLICATION ON THE JULY 17 MEETING. MOTION TO TABLE SUBDIVISION NO.
13-2006 THOMAS BRENNAN, Introduced by Gretchen Steffan who moved for its
adoption, seconded by Thomas Seguljic:
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According to the resolution prepared by Staff. That would be postponed to the July 17
meeting.
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Duly adopted this 26 day of June, 2007, by the following vote:
AYES: Mr. Sipp, Mr. Traver, Mrs. Bruno, Mr. Ford, Mr. Seguljic, Mrs. Steffan,
Mr. Hunsinger
NOES: NONE
OLD BUSINESS:
SUBDIVISION NO. 16-1992 MODIFICATION SEQR TYPE UNLISTED WILLIAM &
DALE SMITH; JOHN & PATRICIA LOGAN OWNER(S) SAME AS ABOVE ZONING
SR-1A LOCATION 463 & 476 WEST MT. RD. APPLICANT PROPOSES A
BOUNDARY LINE ADJUSTMENT. MODIFICATIONS TO APPROVED SUBDIVISIONS
REQUIRE PLANNING BOARD REVIEW. CROSS REFERENCE FW 3-92, AV 124-92,
AV 43-03, AV 43-94 WARREN CO. PLANNING N/A ADIRONDACK PARK AGENCY
YES LOT SIZE 2.70, 2.03 TAX MAP NO. 301.17-1-1, 2 SECTION A-183
WILLIAM SMITH, PRESENT
MR. HUNSINGER-If you’d like to come forward to the table, please. Could you tell us
briefly what you’re looking to do.
MR. SMITH-My name is William Smith. Okay. What I want to do is I just want to change
the property line. When the Logan’s bought the house, they asked me if we could
include that driveway. We no longer use that driveway because it’s just not, it’s not
feasible for us because the garage that goes down there just isn’t big enough, and we
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(Queensbury Planning Board 06/26/07)
don’t use that part of the driveway. Where the gravel driveway is is what we use now,
and they just asked if we would deed that piece of property where, because they do use
that driveway, and they’re the only ones that do use that driveway. They just asked me I
would deed that over to them when they bought the house, and I told them that as long
as I could get an approval, that I would do that for them.
MR. HUNSINGER-Questions from the Board?
MR. SEGULJIC-It seems straightforward, unless you have anything hidden.
MR. SMITH-No.
MR. FORD-Any negatives you can see to that?
MR. SMITH-I don’t see anything wrong.
MR. TRAVER-Are there any plans to construct any additional driveways on either of the
properties?
MR. SMITH-No. My intention is to put another garage on the end of the house. That’s
what I intend to do, which would mean where the gravel driveway is, that would go up to
that. That’s why we don’t use that other driveway.
MR. TRAVER-I see. Thank you.
MR. SMITH-Okay.
MR. FORD-So you would wind up with how driveways?
MR. SMITH-It would be just the one driveway, and it splits off and it goes down to their
back, and it would come over to our, where the gravel driveway is.
MR. FORD-Thank you.
MR. SMITH-Yes.
MR. HUNSINGER-Okay. Are there any further questions or comments? There’s no
public hearing required for a modification. George, is there any particular reason why
this is an Unlisted Action?
MR. HILTON-No, I believe that it probably doesn’t fall under the Type I or Type II list.
That’s my guess. Not having the SEQRA list in front of me, I can’t point to a Type II
action or any other action, but that’s what I think happened.
MR. HUNSINGER-Okay. There’s no form provided. It would be a Short Form, right?
MR. HILTON-It would be a Short Form.
MR. HUNSINGER-Okay.
MRS. STEFFAN-“Does the action exceed any Type I threshold in 6NYCRR Part 617.4?”
MR. SEGULJIC-No.
MRS. STEFFAN-“Will the action receive coordinated review as provided for Unlisted
Actions in 6 NYCRR, Part 617.6?”
MR. SEGULJIC-No.
MRS. STEFFAN-“Could the action result in any adverse effects associated with the
following: C1. Existing air quality, surface or groundwater quality or quantity, noise
levels, existing traffic patterns, solid waste production or disposal, potential for erosion,
drainage or flooding problems?”
MR. TRAVER-No.
MR. SEGULJIC-No.
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(Queensbury Planning Board 06/26/07)
MRS. STEFFAN-“C2. Aesthetic, agricultural, archeological, historic, or other natural or
cultural resources; or community or neighborhood character?”
MR. HUNSINGER-No.
MR. SEGULJIC-No.
MRS. STEFFAN-“C3. Vegetation or fauna, fish, shellfish or wildlife species, significant
habitats, or threatened or endangered species?”
MR. HUNSINGER-No.
MR. SEGULJIC-No.
MRS. STEFFAN-“C4. A community’s existing plans or goals as officially adopted, or a
change in use or intensity of use of land or other natural resources?”
MR. HUNSINGER-No.
MR. SEGULJIC-No.
MRS. STEFFAN-“C5. Growth, subsequent development, or related activities likely to be
induced by the proposed action?”
MR. HUNSINGER-No.
MR. SEGULJIC-No.
MRS. STEFFAN-“C6. Long term, short term, cumulative, or other effects not identified in
C1-C5?”
MR. HUNSINGER-No.
MR. SEGULJIC-No.
MRS. STEFFAN-“C7. Other impacts (including changes in use of either quantity or type
of energy)?”
MR. HUNSINGER-No.
MR. SEGULJIC-No.
MRS. STEFFAN-“Will the project have an impact on the environmental characteristics
that caused the establishment of a Critical Environmental Area?”
MR. HUNSINGER-No.
MR. SEGULJIC-No.
MRS. STEFFAN-“Is there, or is there likely to be, controversy related to potential
adverse environmental impacts?”
MR. HUNSINGER-No.
MR. SEGULJIC-No.
RESOLUTION WHEN DETERMINATION OF NO SIGNIFICANCE IS MADE
RESOLUTION NO. 16-1992, Introduced by Gretchen Steffan who moved for its
adoption, seconded by Thomas Seguljic:
WHEREAS, there is presently before the Planning Board an application for:
WILLIAM & DALE SMITH; JOHN & PATRICIA LOGAN, and
WHEREAS, this Planning Board has determined that the proposed project and Planning
Board action is subject to review under the State Environmental Quality Review Act,
NOW, THEREFORE, BE IT
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(Queensbury Planning Board 06/26/07)
RESOLVED:
1. No Federal agency appears to be involved.
2. The following agencies are involved:
NONE
3. The proposed action considered by this Board is Unlisted in the Department of
Environmental Conservation Regulations implementing the State Environmental
Quality Review Act and the regulations of the Town of Queensbury.
4. An Environmental Assessment Form has been completed by the applicant.
5. Having considered and thoroughly analyzed the relevant areas of environmental
concern and having considered the criteria for determining whether a project has
a significant environmental impact as the same is set forth in Section 617.11 of
the Official Compilation of Codes, Rules and Regulations for the State of New
York, this Board finds that the action about to be undertaken by this Board will
have no significant environmental effect and the Chairman of the Planning Board
is hereby authorized to execute and sign and file as may be necessary a
statement of non-significance or a negative declaration that may be required by
law.
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Duly adopted this 26 day of June, 2007, by the following vote:
AYES: Mr. Sipp, Mr. Traver, Mrs. Bruno, Mr. Ford, Mr. Seguljic, Mrs. Steffan,
Mr. Hunsinger
NOES: NONE
MR. HUNSINGER-Okay. Would anyone like to move the resolution?
MOTION TO APPROVE MODIFICATION TO SUBDIVISION NO. 16-1992 WILLIAM &
DALE SMITH; JOHN & PATRICIA LOGAN, Introduced by Gretchen Steffan who moved
for its adoption, seconded by Thomas Seguljic:
1. A subdivision application has been made to the Queensbury Planning Board for
the following; Applicant proposes a boundary line adjustment. Modifications to y
approved subdivisions require Planning Board review.
2. A public hearing was advertised and held on 6/26/07;
3. This application is supported with all documentation, public comment and
application material in the file of record;
4. Pursuant to relevant sections of the Town of Queensbury Zoning Code [Chapter
179], the Planning Board has determined that this proposal complies with the
requirements as stated in the Zoning Code; and
5. The requirements of the State Environmental Quality Review Act have been
considered and the Planning Board has adopted a SEQRA Negative Declaration;
and
6. If the application is a modification, the requirements of the State Environmental
Quality Review Act have been considered, and the proposed modification[s] do
not result in any new or significantly different environmental impacts, and,
therefore, no further SEQRA review is necessary; and
7. Final approved plans, in compliance with the Subdivision, must be submitted to
the Community Development Department before any further review by the Zoning
Administrator or Building and Codes personnel. Subsequent issuance of further
permits, including building permits are dependent on receipt; and
8. The applicant will provide as-built plans to certify that the subdivision is
developed according to the approved plans prior to issuance of the certificate of
occupancy; and
9. If applicable, Item 8 to be combined with a letter of credit; and
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(Queensbury Planning Board 06/26/07)
10. The Sanitary Sewer connection plan must be submitted to the Wastewater
Department for its review, approval, permitting and inspection. NOT
APPLICABLE.
11. NOW, THEREFORE, BE IT RESOLVED, that we find the following:
MOTION TO APPROVE MODIFICATION TO SUBDIVISION NO. 16-1992 WILLIAM &
DALE SMITH; JOHN & PATRICIA LOGAN, Introduced by Gretchen Steffan who moved
for its adoption, seconded by Thomas Seguljic:
According to the resolution prepared by Staff. Paragraph Four complies. Paragraph
Five Negative. Paragraph Nine does not apply. Paragraph Ten does not apply. No
conditions.
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Duly adopted this 26 day of June, 2007, by the following vote:
AYES: Mr. Sipp, Mrs. Bruno, Mr. Traver, Mr. Ford, Mr. Seguljic, Mrs. Steffan, Mr.
Hunsinger
NOES: NONE
MR. HUNSINGER-You’re all set.
MR. SMITH-Okay. Thanks very much.
MR. HUNSINGER-Thank you very much.
MR. FORD-Thank you.
NEW BUSINESS:
SITE PLAN NO. 31-2007 SEQR TYPE II JEFF HOWARD AGENT(S) NACE
ENGINEERING OWNER(S) SAME ZONING PO LOCATION 625 BAY ROAD
APPLICANT PROPOSES A 900 SQ. FT. SECOND FLOOR ADDITION TO AN
EXISTING OFFICE BUILDING. OFFICE USES IN THE PO ZONE REQUIRE
PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE AV 19-99, AV
37-07, SP 12-99, SP 32-91 WARREN CO. PLANNING 6/13/07 LOT SIZE 0.71
ACRES TAX MAP NO. 296.7-1-9, 10 SECTION 179-4-020
TOM NACE, REPRESENTING APPLICANT, PRESENT; JEFF HOWARD, PRESENT
MR. HUNSINGER-Do you want to summarize Staff Notes, please.
MR. HILTON-Sure. I’ll just bring up a couple of points. As indicated, his proposal is a
900 square foot second floor addition. I’ve indicated the waivers that the applicant is
seeking. As far as granting a waiver from the stormwater management plan, as I’ve
mentioned, some determination of the adequacy of the existing infrastructure should be,
I guess that should be discussed as part of this application. On a side note, we do have
Vision Engineering comments which we received, which I handed out to the Board this
evening. That also goes into some detail about stormwater management. In terms of
lighting, the applicant has proposed wall mounted lighting fixtures which are not
completely downcast cut off fixtures, and oddly enough, there are some cut sheets for
some other fixtures included in this application which the applicant doesn’t propose to
use, which are compliant, and our suggestion would be using those fixtures instead of
the ones proposed, and that’s all I really have at this time.
MR. HUNSINGER-Okay. Thank you.
MR. NACE-Good evening. Tom Nace of Nace Engineering and Jeff Howard from
Adirondack Insurance. Okay. Very briefly what we’re trying to do is take a chain saw,
cut off the roof of this structure, and put a second floor in between. So all we’re really
doing is putting a second floor directly on the existing footprint. We’re not proposing any
site modification at all. The existing parking suffices for the square footage. The existing
septic system suffices for the number of people to be employed. To address Staff
comments, the lighting plan or lighting issue, we did submit a Laconia fixture. What I
failed to do, the reason we used the one we did is we can get a lower wattage, an 80
watt high pressure sodium luminare in that. The other one that Staff referred to has a
minimum of 150 watt luminare. However, what I failed to do is that the one that we’ve
shown to be used does come with a cut off visor, okay, so we would use the cut off visor
13
(Queensbury Planning Board 06/26/07)
with that, okay, that has the same effect. It allows us to have a little smaller, a little lower
wattage and actually a little better distribution for the light we do use. So that’s the
lighting. The stormwater issue that both Staff and Vision Engineering brought up,
evidently Dan Ryan has looked or maybe driven on to the site, I’m not sure that he got
out and looked. The issue is the two drywells that serve the parking area, and it turns
out that the drainage is enough of a non-issue that one of the drywells still had the fabric
under the lid. So what Dan is looking at is that. Okay. We pulled the lid. We could see
what’s underneath there looks fairly black. We pulled the lid and you can see the holes
in the fabric. You lift the fabric off, and that’s what you have. So it functions. It was even
functioning with the fabric and the accumulated leaf and debris on top, and what’s under
there is perfectly good. So I think Jeff can also speak to the drainage because he’s been
in the building for seven years and hasn’t had any problems. The other issue that Dan
Ryan brought up was the distance between the creek and the building, and I went and
looked at that again tonight with the survey map in hand. It does follow with the survey.
The survey does appear to be accurate. There’s a photograph. It shows that the nearest
point from building to creek is 35 feet, and that’s what we have the variance for. There’s
a picture of that area where it’s closest to the creek, and it does, you know, I didn’t take a
tape measure out, but it’s definitely 35 feet.
MR. HUNSINGER-Anything else you wanted to add?
MR. NACE-No. The only other thing Vision Engineering had was future septic
replacement. If you’d like we can show a replacement area. However, there’s a new
sewer out in front, and I assume that if any of those properties around there ever had a
problem, they would probably ask to be served as an outside user to the sewer district
and tie in to the municipal sewer.
MR. HUNSINGER-Okay.
MR. NACE-That’s all.
MR. HUNSINGER-Questions from the Board?
MR. SIPP-That was my question. You’re obviously doubling the size. So therefore the
existing septic is not.
MR. NACE-No, the existing septic is adequate. Even though we’re doubling the size of
the facility, there are not going to be more employees. It’s mostly file space and elbow
room that’s required at this point.
MR. SIPP-That’s my next question is the sign would not change, in the sense of listing
the different people being occupying the building?
MR. HOWARD-No, everything would remain the same. It’s only going to be my office.
MR. SIPP-Okay.
MRS. BRUNO-Although I understand that you don’t have any additional employee,
because it’s increasing in square footage, has the parking calculation been looked at,
updated?
MR. NACE-It’s based on the square footage.
MRS. BRUNO-Okay. Thank you.
MR. HUNSINGER-Anything else from the Board? There is a public hearing scheduled
for this evening. Did anyone have questions or comments of the Board on this
application? Is there any written comments, George?
MR. HILTON-No.
PUBLIC HEARING OPENED
NO COMMENT
PUBLIC HEARING CLOSED
MR. HUNSINGER-Is the Board comfortable in moving forward? This one is a Type II
action.
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(Queensbury Planning Board 06/26/07)
MR. FORD-Yes, I am.
MR. HUNSINGER-Okay. Would anyone like to offer a resolution? Are we satisfied with
the applicant’s comments to the engineering questions?
MR. SEGULJIC-Yes. I guess my only comment is the lighting. In our package, we have
the.
MR. NACE-Okay. In your package you have a Laconia cut sheet, and we’ve specified,
we’ve circled the Laconia Model TWR1C. It’s a 70 watt high pressure sodium. Okay. If
you look in the picture in the middle of the page, it shows a cut off visor. It’s shown on
the 2C fixture, but it’s also available at the 1C. Okay. So we would simply specify that
the TWR1C have a full cut off visor supplied with it.
MR. SEGULJIC-So that one there?
MR. NACE-That’s correct.
MR. SEGULJIC-Okay. So we should specify it in your motion.
MRS. STEFFAN-I actually have a condition on that, just on, identified what they would
do, so I added that.
MR. SEGULJIC-Okay. I’m all set.
MR. HUNSINGER-Would anyone like to put forward a resolution?
MRS. STEFFAN-And we’re okay with the waivers, for stormwater, grading, lighting and
landscaping?
MR. SEGULJIC-Yes.
MR. FORD-Yes.
MRS. STEFFAN-Okay.
MOTION TO APPROVE SITE PLAN NO. 31-2007 JEFF HOWARD, Introduced by
Gretchen Steffan who moved for its adoption, seconded by Thomas Ford:
1. WHEREAS, a site plan application has been made to the Queensbury Planning
Board for the following: Applicant proposes a 900 sq. ft. second floor addition to an
existing office building. Office uses in the PO zone require Planning Board review and
approval.
2. WHEREAS, a public hearing was advertised and held on 6/26/07; and
3. WHEREAS, this application is supported with all documentation, public comment and
application material in the file of record; and
4. WHEREAS, pursuant to relevant sections of the Town of Queensbury Zoning Code
[Chapter 179], the Planning Board has determined that this proposal complies comply
with the requirements as stated in the Zoning Code; and
5. The requirements of the State Environmental Quality Review Act have been
considered and the Planning Board has adopted a SEQRA Negative / Positive
Declaration; and if the application is a modification, the requirements of the State
Environmental Quality Review Act have been considered, and the proposed
modification[s] do not result in any new or significantly different environmental impacts,
and, therefore, no further SEQRA review is necessary; and NOT APPLICABLE.
6. WHEREAS, final approved plans, in compliance with the Site Plan, must be submitted
to the Community Development Department before any further review by the Zoning
Administrator or Building and Codes personnel. Subsequent issuance of further permits,
including building permits are dependent on receipt; and
7. The applicant will provide as-built plans to certify that the site plan is developed
according to the approved plans prior to issuance of the certificate of occupancy; and
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(Queensbury Planning Board 06/26/07)
8 If applicable, Item 8 to be combined with a letter of credit; and NOT
APPLICABLE
9. The Sanitary Sewer connection plan must be submitted to the Wastewater
Department for its review, approval, permitting and inspection. NOT APPLICABLE
MOTION TO APPROVE SITE PLAN NO. 31-2007 JEFF HOWARD, Introduced by
Gretchen Steffan who moved for its adoption, seconded by Thomas Ford:
According to the resolution prepared by Staff with the following notes and conditions:
1. Paragraph Four complies.
2. Paragraph Five is a Type II SEQRA.
3. Paragraph Eight does not apply.
4. Paragraph Nine does not apply,
5. The application is approved with the following conditions:
a. That the applicant will add a cut off visor to the new lighting to decrease
wattage and increase distribution,
b. and the Planning Board grants waivers for stormwater management,
grading, lighting, and landscaping.
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Duly adopted this 26 day of June, 2007, by the following vote:
AYES: Mr. Traver, Mrs. Bruno, Mr. Seguljic, Mr. Sipp, Mr. Ford, Mrs. Steffan,
Mr. Hunsinger
NOES: NONE
MR. HUNSINGER-You’re all set. Thank you.
MR. NACE-Thank you.
MR. HOWARD-Thank you.
FRESHWATER WETLANDS PERMIT 1-2007 SEQR TYPE UNLISTED JOSEPH &
CLEMENTINA SOPRANO AGENT(S) JARRETT-MARTIN ENGINEERS OWNER(S)
SAME ZONING SFR-1A LOCATION 54 COUNTRY CLUB ROAD APPLICANT
PROPOSES CONSTRUCTION ASSOCIATED WITH A SINGLE FAMILY HOME
WITHIN 100 FEET OF A NYS DEC REGULATED WETLAND. CONSTRUCTION
WITHIN 100 FEET OF A NYS DEC REGULATED WETLAND REQUIRES A TOWN OF
QUEENSBURY FRESHWATER WETLANDS PERMIT FROM THE PLANNING BOARD.
CROSS REFERENCE AV 39-07; BP 07-084 WARREN CO. PLANNING 6/13/07 LOT
SIZE 3.20 ACRES TAX MAP NO. 296.14-1-49 SECTION 179-6-100
TOM JARRETT, REPRESENTING APPLICANT, PRESENT
MR. HUNSINGER-George, if you could summarize Staff Notes, please.
MR. HILTON-Sure. These are actually two applications, two related applications. One is
a Freshwater Wetlands Permit, the other is a Site Plan Review, for hard surfacing within
50 feet of a shoreline. I guess a couple of comments here, as far as the Freshwater
Wetlands application. Number One, has the applicant received a New York State DEC
Freshwater Wetlands Permit for this proposed action? As I’ve mentioned, in considering
the criteria contained in the Town Code for granting a Freshwater Wetlands Permit, it’s
Staff’s opinion that the Board should consider the stormwater management plan, and
again, the adequacy of stormwater management on this site, to prevent any runoff or any
direct flow into the wetland, and again, as with the Site Plan Review, a similar comment,
our main comment would be, looking at stormwater and ensuring the adequacy of the
system to handle the stormwater on site, and I guess one final comment on the
Freshwater Wetlands Permit, it would be Staff’s opinion that any conditions of the New
York State DEC Freshwater Wetlands Permit be included in the Town permit as well,
and if the Board so chooses, they could just include a condition in any approval saying
that any conditions of the State permit would be added to this, and that’s all I have at this
time.
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(Queensbury Planning Board 06/26/07)
MR. HUNSINGER-Okay. Thank you. Good evening.
MR. JARRETT-Good evening. Tom Jarrett of Jarrett-Martin Engineers, representing the
applicant and owner. Tina Soprano is here representing the family, and Dan Valente is
here as the builder. From our application, you can see we’re proposing an addition to
the single family residence on the north side of the residence, primarily as a garage and
new family room. One clarification that relates to the engineer’s comments, we are
removing one bedroom from the existing house, and the new bedroom and the addition
will equate to no net change in bedrooms. So there’s no expansion in use. As part of
our application, we are providing stormwater management to isolate and protect the
wetland pond and the wetland swale down gradient of the pond. That is, in discussion
with Town Staff as well as with the DEC, and to answer George’s question, the
application has been made to the DEC, as a formality. We’ve discussed it with them
orally several times, and they’re in favor of our application the way it currently stands.
The application has been made in writing and now we’re awaiting a response. Another
engineering comment was that our plan show not for construction, and they suggest
removing them from the drawing prior to signature by the Planning Board. We would
suggest that we leave it on until we submit the conditions of approval to the Board.
We’ve had problems in the past with plans being utilized before they’re ready. So we’d
like to leave it on until we issue the conditions to the Board. Other than that, I’ll take
questions from the Board.
MR. HUNSINGER-Okay. Questions, comments from members of the Board?
MR. SIPP-This will remain a four bedroom house?
MR. JARRETT-Yes, no change in bedrooms, that’s correct.
MR. SEGULJIC-One of the things we need to look at, is there no reasonable alternative
for the proposed action? I mean, looking at the plan, why not go to the east of the house,
I guess?
MR. JARRETT-The east of the house would be in the front, where the leach field is.
MR. SEGULJIC-Right. I got my directions wrong. It’s to the west of the house.
MR. JARRETT-And west of the house, we discussed this with the Zoning Board at
length, and, you know, our argument is that it doesn’t match the interior layout and flow
of the house, and Dan can speak to that. It also means much more driving surface,
much more hard surface on the north side of the house to get around to that side, and we
feel it’s counterproductive. The ZBA agreed with us and granted a variance for this
structure.
MR. SEGULJIC-So does the house have a garage now?
MR. JARRETT-No.
MR. SEGULJIC-There’s not a garage. I can see what you’re saying, but looking at it
from the wetlands perspective, I mean, you’ve got to subtract the wetlands.
MR. JARRETT-Well, our argument with that is that right now there’s really no effective
stormwater management at all, and we’re providing a new barrier to the wetland to
protect it. So we think it’s going to be a win/win situation for the owners and for the
environment.
MR. FORD-You’re suggesting that it’s an improvement over the present conditions?
MR. JARRETT-Yes.
MR. FORD-Relative to the wetland?
MR. JARRETT-Yes, we are.
MR. SEGULJIC-And why is that?
MR. JARRETT-Well, we have a new swale, as you can see between the driveway and
the existing wetland pond which will divert stormwater to the east, behind that new berm
that we’re building, to isolate the wetland from the lawn area. If you look at the bottom of
our Drawing C-1, it shows a stormwater berm, which is a very low silty sand berm with a
17
(Queensbury Planning Board 06/26/07)
native plantings that’ll trap stormwater, let it infiltrate before it goes to the wetland. We
think that’s a far superior situation than direct runoff into the wetland.
MR. SEGULJIC-Why are you concerned about the runoff into the wetland?
MR. JARRETT-I think direct runoff into a wetland is to be avoided if you can do it. If you
can infiltrate it, it’s better. Especially from a lawn area.
MR. SEGULJIC-I guess that’s why I’m wondering, why are you concerned about runoff
from the lawn area.
MR. JARRETT-I don’t think I would be from my lawn, but, and I’m not sure about the
Sopranos, but a lot of people apply pesticides, herbicides, fertilizers to the lawn areas.
MR. SEGULJIC-Well, if we stopped doing that, it would be much better, then.
MR. JARRETT-Yes, okay. What happens in 15 years when somebody else owns the
house and they don’t understand the conditions.
MR. SEGULJIC-Well, I’m just questioning, you said it would be much better. I’m just
saying you’ve created a condition, and now you have to do something to improve it.
MR. JARRETT-Well, the existing structure and the existing driveway are already within
the 100 feet of the wetland, and what we’re doing is, even though our driveway is going
to be closer to the wetland than it is right now, we’re isolating the wetland from that
driveway where it was not isolated before.
MR. HUNSINGER-Anyone else, questions or comments?
MR. SEGULJIC-I can just say myself, I guess overall I’m just uncomfortable with it
mainly because it says, our regulations say that there’s, if there’s no reasonable
alternative to the proposed regulatory activity on the site, which is on a freshwater
wetland or adjacent. I think there’s reasonable alternatives.
MR. HUNSINGER-How do other members feel?
MRS. STEFFAN-I’m okay with the berm. I think it’ll have a dryer lawn.
MR. JARRETT-Yes, I think it’s a net improvement.
MR. SEGULJIC-Doesn’t the wetland need runoff to survive, though?
MR. JARRETT-Most of its runoff is from up gradient further to the west. It will get runoff
from out site as well as it seeps through that berm. We did not make that an impervious
berm. We just slowed it down, tried to encourage infiltration, but it can seep through if
we have ponding on the lawn.
MR. HUNSINGER-When you talked about native plants, what type of plants would you
be proposing?
MR. JARRETT-If you look at the left side of our drawing, there’s a list of suggested
species.
MR. HUNSINGER-That’s right. Okay. I had it folded over. Where do you get native
plants like that? Can you get them at nurseries?
MR. JARRETT-Several of us on the Planning Board and myself were at a conference
yesterday that told of local nurseries that will supply these.
MR. HUNSINGER-Okay.
MR. SIPP-Those are pretty good choices, and you’ve got a wide variety of soil conditions
from wet to dry. A lot of these herbaceous plants will grow in ground cover also.
MR. HUNSINGER-Okay. Any other questions, comments from the Board?
MR. JARRETT-I think Mr. Valente would like to comment on that.
DAN VALENTE
18
(Queensbury Planning Board 06/26/07)
MR. VALENTE-Yes. I just wanted to comment on the design and where that came
about. Mrs. Soprano had a designer come out and look over the home, look over the
site, and decide which was the most practical area in which to add this facility to. The
reason why the garage is really to the north side of the house is to add what they need
for space and then put the garage to the western part of the house, which set the garage
literally probably close to 60 feet away from the kitchen area. So, just practicality wise,
flow, unloading your car, groceries, getting in and flow of the house, you don’t want to go
through a living room, through a, you know, a potential entry and then into your kitchen.
So part of it has to do with design and flow, and that’s why the design of this ended up
towards the north end of the house. Also compounding what Tom said the additional
driveway lengthening, which really wouldn’t bring us any further away from the pond
issue dramatically, we’d still have an issue with that, but I just wanted to instill some of
the design came from direct from the designer, and so maybe that’ll shed some light on
why it’s there. It’s also flow and functionality of the house, to service the home properly.
Thank you.
MR. HUNSINGER-Okay. We do have a public hearing scheduled for this evening. Is
there anyone in the audience that had questions or comments on this project? I will
open the public hearing. Are there any written comments, George?
MR. HILTON-No.
PUBLIC HEARING OPENED
NO COMMENTS
MR. HUNSINGER-I’m always confused when we do these, where we have both the Site
Plan as well as the Freshwater Wetlands Permit, if we have to open and close two public
hearings, officially?
MR. HILTON-I believe so, and also two SEQRAs because it’s not coordinated.
MR. HUNSINGER-Okay.
MR. HOMSY-But I believe they’re Short Forms.
MR. HUNSINGER-So the current public hearing is for the Freshwater Wetlands Permit
only, and I will close that public hearing.
PUBLIC HEARING CLOSED
MR. HUNSINGER-And if we’re ready to move forward on SEQRA.
MRS. STEFFAN-Okay. “Does the action exceed any Type I threshold in 6NYCRR Part
617.4?”
MR. HUNSINGER-No.
MRS. STEFFAN-“Will the action receive coordinated review as provided for Unlisted
Actions in 6 NYCRR, Part 617.6?”
MR. HUNSINGER-No.
MR. SIPP-No.
MRS. STEFFAN-“Could the action result in any adverse effects associated with the
following: C1. Existing air quality, surface or groundwater quality or quantity, noise
levels, existing traffic patterns, solid waste production or disposal, potential for erosion,
drainage or flooding problems?”
MR. SIPP-No.
MR. SEGULJIC-I would say yes. The site is going to impact the wetland.
MR. HUNSINGER-Okay. What is that impact? The level of impact, Small to Moderate?
MR. SEGULJIC-They’re putting controls in place. So I’d have to say it’s Moderate at
least.
19
(Queensbury Planning Board 06/26/07)
MR. HUNSINGER-Okay. Small to Moderate, and mitigated by the proposed controls?
MR. SEGULJIC-Yes.
MR. HUNSINGER-Is that fair? Okay.
MRS. BRUNO-I agree with that.
MRS. STEFFAN-Okay. “C2. Aesthetic, agricultural, archeological, historic, or other
natural or cultural resources; or community or neighborhood character?”
MR. HUNSINGER-No.
MR. SIPP-No.
MRS. STEFFAN-“C3. Vegetation or fauna, fish, shellfish or wildlife species, significant
habitats, or threatened or endangered species?”
MR. HUNSINGER-No.
MR. SIPP-No.
MRS. STEFFAN-“C4. A community’s existing plans or goals as officially adopted, or a
change in use or intensity of use of land or other natural resources?”
MR. HUNSINGER-No.
MR. FORD-No.
MRS. STEFFAN-“C5. Growth, subsequent development, or related activities likely to be
induced by the proposed action?”
MR. HUNSINGER-No.
MR. SEGULJIC-No.
MRS. STEFFAN-“C6. Long term, short term, cumulative, or other effects not identified in
C1-C5?”
MR. HUNSINGER-No.
MRS. STEFFAN-“C7. Other impacts (including changes in use of either quantity or type
of energy)?”
MR. HUNSINGER-No.
MRS. STEFFAN-“Will the project have an impact on the environmental characteristics
that caused the establishment of a Critical Environmental Area?”
MR. HUNSINGER-No.
MR. SIPP-No.
MRS. STEFFAN-“Is there, or is there likely to be, controversy related to potential
adverse environmental impacts?”
MR. HUNSINGER-No.
MR. FORD-No.
RESOLUTION WHEN DETERMINATION OF NO SIGNIFICANCE IS MADE
RESOLUTION NO. 1-2007, Introduced by Gretchen Steffan who moved for its adoption,
seconded by Thomas Ford:
WHEREAS, there is presently before the Planning Board an application for:
JOSEPH & CLEMENTINA SOPRANO, and
20
(Queensbury Planning Board 06/26/07)
WHEREAS, this Planning Board has determined that the proposed project and Planning
Board action is subject to review under the State Environmental Quality Review Act,
NOW, THEREFORE, BE IT
RESOLVED:
1. No Federal agency appears to be involved.
2. The following agencies are involved:
NONE
3. The proposed action considered by this Board is Unlisted in the Department of
Environmental Conservation Regulations implementing the State Environmental
Quality Review Act and the regulations of the Town of Queensbury.
4. An Environmental Assessment Form has been completed by the applicant.
5. Having considered and thoroughly analyzed the relevant areas of environmental
concern and having considered the criteria for determining whether a project has
a significant environmental impact as the same is set forth in Section 617.11 of
the Official Compilation of Codes, Rules and Regulations for the State of New
York, this Board finds that the action about to be undertaken by this Board will
have no significant environmental effect and the Chairman of the Planning Board
is hereby authorized to execute and sign and file as may be necessary a
statement of non-significance or a negative declaration that may be required by
law.
th
Duly adopted this 26 day of June, 2007, by the following vote:
AYES: Mr. Sipp, Mr. Seguljic, Mr. Traver, Mrs. Bruno, Mrs. Steffan, Mr. Ford,
Mr. Hunsinger
NOES: NONE
MRS. STEFFAN-George, you made a comment earlier about any condition of the New
York State permitting would be added to, is it the Site Plan?
MR. HILTON-Well, in the case of the Freshwater Wetlands, it would be for the
Freshwater Wetlands Permit application, the State permit. The only State permit that’s
required is a Freshwater Wetlands Permit. So with the Town’s permit, perhaps a
condition could be any conditions of the State permit be included in the Town’s permit,
something along those lines.
MRS. STEFFAN-Okay.
MOTION TO APPROVE FRESHWATER WETLANDS PERMIT NO. 1-2007 JOSEPH &
CLEMENTINA SOPRANO, Introduced by Gretchen Steffan who moved for its adoption,
seconded by Stephen Traver:
1. WHEREAS, a freshwater wetlands application has been made to the Queensbury
Planning Board for the following: Applicant proposes construction associated with a
single family home within 100 feet of a NYS DEC regulated wetland. Construction within
100 feet of a NYS DEC wetland requires a Town of Queensbury Freshwater Wetlands
Permit from the Planning Board.
2. WHEREAS, a public hearing was advertised and held on 6/26/07; and
3. WHEREAS, this application is supported with all documentation, public comment and
application material in the file of record; and
4. WHEREAS, pursuant to relevant sections of the Town of Queensbury Zoning Code
[Chapter 179], the Planning Board has determined that this proposal complies comply
with the requirements as stated in the Zoning Code; and
5. The requirements of the State Environmental Quality Review Act have been
considered and the Planning Board has adopted a SEQRA Negative Declaration; and if
the application is a modification, the requirements of the State Environmental Quality
Review Act have been considered, and the proposed modification[s] do not result in any
21
(Queensbury Planning Board 06/26/07)
new or significantly different environmental impacts, and, therefore, no further SEQRA
review is necessary; and
6. WHEREAS, final approved plans, in compliance with the Freshwater Wetlands
permit, must be submitted to the Community Development Department before any
further review by the Zoning Administrator or Building and Codes personnel.
Subsequent issuance of further permits, including building permits are dependent on
receipt; and
7. The applicant will provide as-built plans to certify that the site plan is developed
according to the approved plans prior to issuance of the certificate of occupancy; and
8 If applicable, Item 8 to be combined with a letter of credit; and NOT
APPLICABLE
9. The Sanitary Sewer connection plan must be submitted to the Wastewater
Department for its review, approval, permitting and inspection. NOT APPLICABLE
MOTION TO APPROVE FRESHWATER WETLANDS PERMIT NO. 1-2007 JOSEPH &
CLEMENTINA SOPRANO, Introduced by Gretchen Steffan who moved for its adoption,
seconded by Stephen Traver:
According to the resolution prepared by Staff. Paragraph Four complies. Paragraph
Five Negative. Paragraph Eight does not apply. Paragraph Nine does not apply, and it
is approved with the following condition: That any condition of the New York State
Freshwater Wetlands Permit would be added to any Town of Queensbury permitting.
th
Duly adopted this 26 day of June, 2007, by the following vote:
AYES: Mrs. Bruno, Mr. Ford, Mr. Seguljic, Mr. Sipp, Mr. Traver, Mrs. Steffan,
Mr. Hunsinger
NOES: NONE
MR. HUNSINGER-Okay.
SITE PLAN NO. 34-2007 SEQR TYPE UNLISTED JOSEPH & CLEMENTINA
SOPRANO AGENT(S) JARRETT-MARTIN ENGINEERS OWNER(S) SAME ZONING
SFR-1A LOCATION 54 COUNTRY CLUB ROAD APPLICANT PROPOSES A 2,050
SQ. FT. ADDITION TO AN EXISTING SINGLE FAMILY RESIDENCE. A PORTION OF
THE PROPOSED CONSTRUCTION IS WITHIN 50 FEET OF A WETLAND
SHORELINE. HARD SURFACING WITHIN 50 FEET OF A SHORELINE REQUIRES
PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE AV 39-07; BP
07-084, FWW 1-07 WARREN CO. PLANNING 6/13/07 LOT SIZE 3.20 ACRES TAX
MAP NO. 296.14-1-49 SECTION 179-6-060
TOM JARRETT, REPRESENTING APPLICANT, PRESENT
MRS. STEFFAN-We need to do SEQRA on the Site Plan.
MR. HUNSINGER-And there is a public hearing on the Site Plan. Is there anyone here
that had questions or comments to the Board on the Site Plan for Joseph & Clementina
Soprano?
PUBLIC HEARING OPENED
NO COMMENT
PUBLIC HEARING CLOSED
MR. HUNSINGER-Any other questions or comments from the Board before we move
forward with SEQRA? Okay.
MRS. STEFFAN-Okay. “Does the action exceed any Type I threshold in 6NYCRR Part
617.4?”
MR. HUNSINGER-No.
MR. FORD-No.
22
(Queensbury Planning Board 06/26/07)
MRS. STEFFAN-“Will the action receive coordinated review as provided for Unlisted
Actions in 6 NYCRR, Part 617.6?”
MR. HUNSINGER-No.
MR. SIPP-No.
MRS. STEFFAN-“Could the action result in any adverse effects associated with the
following: C1. Existing air quality, surface or groundwater quality or quantity, noise
levels, existing traffic patterns, solid waste production or disposal, potential for erosion,
drainage or flooding problems?”
MR. SIPP-No.
MR. HUNSINGER-Same comments?
MR. SEGULJIC-Yes, same comments.
MR. HUNSINGER-Yes. Same comments as the Freshwater Wetlands. Small to
Moderate. It’s mitigated by the proposed stormwater plan.
MR. FORD-Mitigated.
MRS. STEFFAN-Okay. “C2. Aesthetic, agricultural, archeological, historic, or other
natural or cultural resources; or community or neighborhood character?”
MR. HUNSINGER-No.
MR. FORD-No.
MRS. STEFFAN-“C3. Vegetation or fauna, fish, shellfish or wildlife species, significant
habitats, or threatened or endangered species?”
MR. HUNSINGER-No.
MR. SIPP-No.
MRS. STEFFAN-“C4. A community’s existing plans or goals as officially adopted, or a
change in use or intensity of use of land or other natural resources?”
MR. HUNSINGER-No.
MR. FORD-No.
MRS. STEFFAN-“C5. Growth, subsequent development, or related activities likely to be
induced by the proposed action?”
MR. HUNSINGER-No.
MR. SIPP-No.
MRS. STEFFAN-“C6. Long term, short term, cumulative, or other effects not identified in
C1-C5?”
MR. HUNSINGER-No.
MRS. STEFFAN-“C7. Other impacts (including changes in use of either quantity or type
of energy)?”
MR. HUNSINGER-No.
MR. SIPP-No.
MRS. STEFFAN-“Will the project have an impact on the environmental characteristics
that caused the establishment of a Critical Environmental Area?”
MR. HUNSINGER-No.
23
(Queensbury Planning Board 06/26/07)
MR. FORD-No.
MRS. STEFFAN-“Is there, or is there likely to be, controversy related to potential
adverse environmental impacts?”
MR. HUNSINGER-No.
MR. SIPP-No.
RESOLUTION WHEN DETERMINATION OF NO SIGNIFICANCE IS MADE
RESOLUTION NO. 34-2007, Introduced by Gretchen Steffan who moved for its
adoption, seconded by Thomas Ford:
WHEREAS, there is presently before the Planning Board an application for:
JOSEPH & CLEMENTINA SOPRANO, and
WHEREAS, this Planning Board has determined that the proposed project and Planning
Board action is subject to review under the State Environmental Quality Review Act,
NOW, THEREFORE, BE IT
RESOLVED:
1. No Federal agency appears to be involved.
2. The following agencies are involved:
NONE
3. The proposed action considered by this Board is Unlisted in the Department of
Environmental Conservation Regulations implementing the State Environmental
Quality Review Act and the regulations of the Town of Queensbury.
4. An Environmental Assessment Form has been completed by the applicant.
5. Having considered and thoroughly analyzed the relevant areas of environmental
concern and having considered the criteria for determining whether a project has
a significant environmental impact as the same is set forth in Section 617.11 of
the Official Compilation of Codes, Rules and Regulations for the State of New
York, this Board finds that the action about to be undertaken by this Board will
have no significant environmental effect and the Chairman of the Planning Board
is hereby authorized to execute and sign and file as may be necessary a
statement of non-significance or a negative declaration that may be required by
law.
th
Duly adopted this 26 day of June, 2007, by the following vote:
AYES: Mr. Seguljic, Mr. Sipp, Mr. Traver, Mrs. Bruno, Mrs. Steffan, Mr. Ford,
Mr. Hunsinger
NOES: NONE
MOTION TO APPROVE SITE PLAN NO. 34-2007 JOSEPH & CLEMENTINA
SOPRANO, Introduced by Gretchen Steffan who moved for its adoption, seconded by
Stephen Traver:
1. WHEREAS, a site plan application has been made to the Queensbury Planning
Board for the following: Applicant proposes a 2,050 sq. ft. addition to an existing single
family residence. A portion of the proposed construction is within 50 feet of a wetland
shoreline. Hard surfacing within 50 feet of a shoreline requires Planning Board review
and approval.
2. WHEREAS, a public hearing was advertised and held on 6/26/07; and
3. WHEREAS, this application is supported with all documentation, public comment and
application material in the file of record; and
24
(Queensbury Planning Board 06/26/07)
4. WHEREAS, pursuant to relevant sections of the Town of Queensbury Zoning Code
[Chapter 179], the Planning Board has determined that this proposal complies comply
with the requirements as stated in the Zoning Code; and
5. The requirements of the State Environmental Quality Review Act have been
considered and the Planning Board has adopted a SEQRA Negative Declaration; and if
the application is a modification, the requirements of the State Environmental Quality
Review Act have been considered, and the proposed modification[s] do not result in any
new or significantly different environmental impacts, and, therefore, no further SEQRA
review is necessary; and
6. WHEREAS, final approved plans, in compliance with the Site Plan application, must
be submitted to the Community Development Department before any further review by
the Zoning Administrator or Building and Codes personnel. Subsequent issuance of
further permits, including building permits are dependent on receipt; and
7. The applicant will provide as-built plans to certify that the site plan is developed
according to the approved plans prior to issuance of the certificate of occupancy; and
8 If applicable, Item 8 to be combined with a letter of credit; and NOT
APPLICABLE
9. The Sanitary Sewer connection plan must be submitted to the Wastewater
Department for its review, approval, permitting and inspection. NOT APPLICABLE
MOTION TO APPROVE SITE PLAN NO. 34-2007 JOSEPH & CLEMENTINA
SOPRANO, Introduced by Gretchen Steffan who moved for its adoption, seconded by
Stephen Traver:
According to the resolution prepared by Staff. Paragraph Four complies. Paragraph
Five Negative. Paragraph Eight and Nine do not apply. No conditions.
th
Duly adopted this 26 day of June, 2007, by the following vote:
AYES: Mrs. Bruno, Mr. Ford, Mr. Seguljic, Mr. Sipp, Mr. Traver, Mrs. Steffan,
Mr. Hunsinger
NOES: NONE
MR. HUNSINGER-You’re all set. Thank you.
MR. JARRETT-Thank you very much.
MRS. STEFFAN-Good luck with your project.
MR. HUNSINGER-Good luck.
TINA SOPRANO
MRS. SOPRANO-Thank you.
SITE PLAN NO. 35-2007 SEQR TYPE II MICHAEL CRAYFORD AGENT(S) VAN
DUSEN & STEVES OWNER(S) SAME ZONING SR-1A LOCATION 188 CHESTNUT
RIDGE ROAD APPLICANT PROPOSES CONSTRUCTION OF A SINGLE FAMILY
DWELLING TO A DUPLEX. DUPLEX USES IN THE SR-1A ZONE REQUIRE SITE
PLAN REVIEW AND APPROVAL FROM THE PLANNING BOARD. CROSS
REFERENCE SUB 16-04, BP 05-544 WARREN CO. PLANNING 6/13/07 LOT SIZE
3.08 ACRES TAX MAP NO. 290.-1-22.122 SECTION 179-4-020
MATT STEVES, REPRESENTING APPLICANT, PRESENT
MR. HUNSINGER-George, if you could summarize Staff Notes, please.
MR. HILTON-Sure. This application is a proposal to convert an existing building into an
additional residential dwelling resulting in two residential dwellings on a 3.08 acres
property. The Site Plan contains a density calculation that shows allowable residential
density for these two units, and my main comment, Staff’s main comment, is that the
plan shows four new parking spaces at the front of the property, right directly adjacent to
Chestnut Ridge, and I guess our suggestion, Staff’s suggestion, would be that these
25
(Queensbury Planning Board 06/26/07)
spaces be moved into the interior of the parcel a bit, so that maneuvering and vehicles
won’t be backing in and pulling in and such, directly onto Chestnut Ridge Road, and
that’s all I actually have at this time.
MR. HUNSINGER-Good evening.
MR. STEVES-Good evening. Matt Steves representing Michael Crayford. To Staff
comments, we agree wholeheartedly. I just handed George a plan that changes the
driveway, locates it farther into the property, and provides two turnouts for backing, so
you can pull in, back in to the turnouts, and then pull back out onto the road without
backing out. I’ll have him pass a copy along, but we have no problem with that comment
whatsoever.
MR. HUNSINGER-Okay.
MR. STEVES-Other than that, pretty much what the Staff already said. This is an
existing large building that’s there. It was the former barn, and Mr. Crayford’s been
working on it for about a year, a year and a half, I believe, converting it into a residence,
and he wants to be able to convert that into two residential buildings, because of the size
of the building.
MR. HUNSINGER-Okay.
MR. FORD-He wants to convert it into a what?
MR. STEVES-A duplex.
MR. FORD-Okay.
MR. STEVES-Two residences.
MR. HUNSINGER-What is the square footage of the building?
MR. STEVES-I believe the building itself is, the footprint’s over 4,000, I believe. 4358 on
the footprint.
MR. HUNSINGER-Well, part of what he’s doing, it looks like he’s adding a second floor.
MR. STEVES-That’s correct.
MR. HUNSINGER-So doesn’t that also increase the square footage of the building?
MR. STEVES-Square footage. I’m talking just the actual footprint of the building.
MR. HUNSINGER-Okay.
MR. STEVES-That’s what they call for in your Site Development Data is your actual
footprint of the building.
MR. HUNSINGER-Right. Okay. That’s why I was asking the question, though.
MR. STEVES-Yes.
MR. HUNSINGER-Questions, comments from the Board?
MR. SEGULJIC-Septic system?
MR. STEVES-There was a septic system that was installed in the back of the property,
just depicted where it was installed. It’s a 1250 gallon septic tank. It’s a new system. I
believe that was all reviewed by Dave Hatin in the Building and Codes Department.
MR. SEGULJIC-So it’s going to be adequate to handle two families?
MR. STEVES-Yes.
MR. FORD-Two families, 1250?
MR. STEVES-Yes.
26
(Queensbury Planning Board 06/26/07)
MR. SEGULJIC-Six kids each, plus two adults?
MR. STEVES-It’s sized for the number of bedrooms, and septic systems are completely
by the number of bedrooms in the structure.
MR. HUNSINGER-So how many bedrooms did they calculate?
MR. STEVES-I believe it’s a four or five bedroom, I believe.
MR. FORD-Current zoning for this parcel is?
MR. STEVES-This is an SR-1A zone, Suburban Residential One Acre.
MR. SEGULJIC-So, duplexes are not allowed, then.
MR. STEVES-Single family they’re not allowed, SR they are allowed.
MR. SEGULJIC-SR they are allowed.
MR. STEVES-Yes.
MR. HILTON-And that’s why this application is here. That type of use, a duplex use,
requires Site Plan Review in this zone.
MR. SEGULJIC-Okay.
MR. FORD-That’s where I was going with the zoning. Thank you.
MR. STEVES-And Mr. Crayford just walked in, too. If you have any questions for the
owner and builder.
MR. HUNSINGER-Any other questions from the Board?
MRS. BRUNO-George, do we have any picture, it looks like you don’t have your
computer up. Does the Town have any pictures on that?
MR. HILTON-Well, we have the most recent aerial from 2004, which shows the building
pretty much in the outline that you see on the map. Unfortunately, I did bring the
computer. There’s no cords to get it hooked up, and given that we were in the other
meeting, I haven’t had a chance to run back.
MRS. BRUNO-That’s okay. I’ve got the quick snapshots. Thanks.
MR. STEVES-This is one of the lots from the Higgs & Crayford subdivision of ’97.
MR. HUNSINGER-Okay.
MRS. BRUNO-Will there be continued respect to maintaining the historic, you know, look
of the barn and keeping the continuity?
MICHAEL CRAYFORD
MR. CRAYFORD-That’s my purpose of restoring the barn. I’m Michael Crayford.
MRS. BRUNO-Okay. Thank you.
MR. SEGULJIC-I’m just interested to see if there’s any public comment.
MR. HUNSINGER-Okay. Anything else from the Board?
MR. FORD-The use of the silo?
MR. CRAYFORD-There’s no plan for use of the silo at this point. It’s just, they have to
create the architectural originality, I guess. I do plan on putting a roof on it, because that
blew off in some storm about five years ago, but it was destroyed, but I do plan to
replace the roof on it which is a shallow roof.
MR. SIPP-And the wood stay silo, wood?
27
(Queensbury Planning Board 06/26/07)
MR. CRAYFORD-No, it’s a ceramic tile silo.
MR. SIPP-Is there, have the rungs been removed so that nobody can climb?
MR. CRAYFORD-Yes, it’s been sealed off.
MR. SIPP-If you had a child in the area they’d be able to climb up and fall off.
MR. CRAYFORD-No, it’s been sealed off.
MR. HUNSINGER-Okay. We do have a public hearing scheduled this evening. If there
is anyone that would like to ask questions or make comments on this application.
Anyone from the public? Okay. I will open the public hearing.
PUBLIC HEARING OPENED
NO COMMENT
PUBLIC HEARING CLOSED
MR. HUNSINGER-Further comments, discussion from the Board? George, did you pass
around the parking plan that he just handed? If you could just hand it down, please.
MRS. STEFFAN-It is a rural road, and people do travel pretty quick on that road.
MR. HUNSINGER-Yes.
MR. FORD-Yes, regardless of the posted speed limit.
MR. HUNSINGER-Yes.
MR. STEVES-That was a good suggestion, and an oversight on my part. I didn’t pick up
on it when the map went out, but I have no problem with the Staff comment on that at all.
They’re right on the money on that one.
MR. HUNSINGER-Well, what’s the will of the Board?
MR. SEGULJIC-I’m fine with it.
MR. HUNSINGER-Okay. It’s a Type II action. So there’s no SEQRA.
MRS. BRUNO-May I just ask what your intention is for the front yard? I have to
apologize. I wasn’t able to view the site visit this month. So if there is something, I don’t
know it, just because we’ve got the picture from the winter. Could you describe what the
front yard area is, or what you plan on having it look like once the parking is in?
MR. CRAYFORD-I’m planning to provide a retaining wall out of the boulders, like the rest
of Chestnut Ridge, to create the same effect, and there’d be a circular driveway that will
go in and out. So there’s two ways to get in and get out of the property, and then it’ll be
landscaped.
MRS. BRUNO-Okay.
MR. CRAYFORD-In keeping with the rest of the neighborhood. They’re all watching me
very closely.
MRS. BRUNO-I don’t quite understand where this circular driveway is.
MR. CRAYFORD-There’d actually be more parking than the four lots.
MR. STEVES-For drop off in the front of the building, basically, and then you can pull
into the parking lot, if you want me to depict what he’s talking about on the plan.
MRS. BRUNO-Okay. Thank you.
MR. HUNSINGER-George, this is a Type II, but they did submit a Short Form. Do we
need to do SEQRA?
MR. HILTON-No. No further action. I think they probably just submitted it just to be safe.
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(Queensbury Planning Board 06/26/07)
MR. HUNSINGER-Okay.
MOTION TO APPROVE SITE PLAN NO. 35-2007 MICHAEL CRAYFORD, Introduced
by Gretchen Steffan who moved for its adoption, seconded by Thomas Seguljic:
1. WHEREAS, a site plan application has been made to the Queensbury Planning
Board for the following: Applicant proposes conversion of a single family dwelling to a
duplex. Duplex uses in the SR-1A zone require Site Plan review and approval from the
Planning Board.
2. WHEREAS, a public hearing was advertised and held on 6/26/07; and
3. WHEREAS, this application is supported with all documentation, public comment and
application material in the file of record; and
4. WHEREAS, pursuant to relevant sections of the Town of Queensbury Zoning Code
[Chapter 179], the Planning Board has determined that this proposal complies comply
with the requirements as stated in the Zoning Code; and
5. The requirements of the State Environmental Quality Review Act have been
considered and the Planning Board has adopted a SEQRA Negative / Positive
Declaration; and if the application is a modification, the requirements of the State
Environmental Quality Review Act have been considered, and the proposed
modification[s] do not result in any new or significantly different environmental impacts,
and, therefore, no further SEQRA review is necessary; and
6. WHEREAS, final approved plans, in compliance with the Site Plan, must be submitted
to the Community Development Department before any further review by the Zoning
Administrator or Building and Codes personnel. Subsequent issuance of further permits,
including building permits are dependent on receipt; and
7. The applicant will provide as-built plans to certify that the site plan is developed
according to the approved plans prior to issuance of the certificate of occupancy; and
8 If applicable, Item 8 to be combined with a letter of credit; and NOT
APPLICABLE
9. The Sanitary Sewer connection plan must be submitted to the Wastewater
Department for its review, approval, permitting and inspection. NOT APPLICABLE
MOTION TO APPROVE SITE PLAN NO. 35-2007 MICHAEL CRAYFORD, Introduced
by Gretchen Steffan who moved for its adoption, seconded by Thomas Seguljic:
According to the resolution prepared by Staff. Paragraph Four complies. Paragraph
Five is not necessary. This is a Type II SEQRA. Paragraph Eight and Nine do not apply.
It is approved with the following condition: That parking be located farther inside the
property in order to allow for vehicular access and movement on the site, and not within
the Town’s right of way. On the drawing, such as Mr. Steves’ indicated, that they will
indicate this turnaround.
th
Duly adopted this 26 day of June, 2007, by the following vote:
AYES: Mr. Sipp, Mr. Traver, Mr. Ford, Mr. Seguljic, Mrs. Bruno, Mrs. Steffan,
Mr. Hunsinger
NOES: NONE
MR. HUNSINGER-You’re all set. Thank you.
MR. STEVES-Thank you.
MR. HUNSINGER-Good luck.
MRS. STEFFAN-Yes, good luck.
MR. CRAYFORD-Thank you.
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(Queensbury Planning Board 06/26/07)
SUBDIVISION NO. 15-2006 PRELIMINARY STAGE SEQR TYPE UNLISTED
LEGACY LAND HOLDINGS, LCC AGENT(S) JARRETT-MARTIN ENGINEERS
OWNER(S) SAME ZONING PO LOCATION BAY ROAD APPLICANT PROPOSES
SUBDIVISION OF A 26.15 ACRE PARCEL INTO 17 LOTS RANGING IN SIZE FROM
20,000 SQ. FT. TO 85,402 SQ. FT. NOT INCLUDING RESIDUAL WETLAND LOT #17.
SUBDIVISIONS OF LAND REQUIRE PLANNING BOARD REVIEW AND APPROVAL.
CROSS REFERENCE SUB 10-02; 4/17/07 SKETCH WARREN CO. PLANNING N/A
LOT SIZE 26.15 ACRES TAX MAP NO. 296.15-1-28 SECTION A-183
MICHAEL BORGOS & TOM JARRETT, REPRESENTING APPLICANT, PRESENT
MR. HUNSINGER-George, if you could summarize Staff Notes, please.
MR. HILTON-Sure. I’ll just bring up a few points here. This application is for a 17 lot
Professional Office building on Bay Road adjacent to Baybridge Drive. Part of the plan
includes re-aligning and extended Baybridge Drive to Bay Road to line up opposite the
Willowbrook Office complex on the east side of Bay Road. Number One, as far as
municipal services, I’ve mentioned that sewer, this property is not in the sewer district at
this time, and I’ve asked the question, has the applicant started the process of submitting
a Map Plan and Report for the required district extension. Secondly, I think this is
somewhat of a minor comment, but I did include it. One of the sheets in the subdivision
plat in the package shows residual lands. However, the other plans do not show these
residual lands as being part of the subdivision, and I guess my only comment would be
that any future or Final Stage subdivision should show all the property within this
subdivision. There are other improvements, other than the realignment and connection
of Baybridge Drive to Bay Road, such as landscaping, a multi-use path, street lighting
and our suggestion is that all of these improvements be installed prior to the acceptance
of the extension of Baybridge Drive right of way by the Town Highway Department. I’ve
mentioned Bay Road design guidelines. This property is within the Bay Road design
area. For the most part, what you’ll see are residential style buildings set back from the
street as called for in the guidelines. The proposed development plan that you see,
which shows shared parking and shared access drive, also conforms with the Bay Road
design guidelines. I’ve mentioned the landscaping that is proposed as of this time, the
39 street trees. Lighting I’ve also touched on. Decorative fixtures are proposed. These
fixtures are, however, cut off. There are internal elements that will direct the light
downward. As far as traffic and transportation, the applicant has submitted a traffic
report, traffic summary, prepared by Creighton Manning. The summary, I guess, states
that a traffic signal will be warranted at the Willowbrook/Baybridge intersection in the
future, but that based on traffic volumes expected from this proposal, a traffic light would
not be warranted based on those traffic volumes from this proposal alone. It’s our
understanding that, Staff’s understanding, that a copy of this summary has been
provided to Warren County DPW for their comment. I made a comment as far as
sidewalks. The plan has been updated to include a multi-use path, as discussed at
Sketch Plan, and consideration should also be given to including a sidewalk along Bay
Road for pedestrian use along this corridor. As far as stormwater management, I’ve
touched on how this property is in the Halfway Brook watershed. Stormwater is pretty
important here, and I guess that the Board should, as I’ve mentioned, should review the
plan to make sure that no new negative impacts will result on surrounding properties, the
properties downstream. I’ve also mentioned that this site contains New York State DEC
wetlands, and that a DEC Freshwater Wetland Permit will be required at some point in
the future, and I’ve asked the question, has the applicant received a State Freshwater
Wetlands Permit for this proposed development? And I’ve just made the comment that
a Town Freshwater Wetlands Permit as well will be required for any development within
the subdivision in the future that’s within 100 feet of the New York State DEC wetlands.
That’s basically a summary, and all I have at this time, if you have any questions.
MR. HUNSINGER-Okay. Thank you, George. Good evening.
MR. BORGOS-Good evening. For the record, my name is Mike Borgos. I’m here on
behalf of Legacy Land Holdings as the applicant. I’m joined by engineer Tom Jarrett and
Dan Valente who is the principal of Legacy Land Holdings. The Board will recall that
we’ve been before you I think in November and April with the two different Sketch Plans.
So I understand that everybody should be familiar with it, but just as a brief re-cap, I think
George has summarized it well. There is a total of 17 lots being created. George raised
the issue of the residual lands to the south of the majority of the subdivision here with the
buildings that are proposed to be built in the future. Now that’s the residual land that will
be maintained by Legacy Land Holdings. It’s landlocked. It’s largely wetlands. So we
did not include it as part of this, and no building is being proposed on it. We had talked
about, I think Mrs. Steffan brought up the multi-use path, the walking path, at the earliest
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(Queensbury Planning Board 06/26/07)
Sketch Plan review back in November. It’s my recollection that this path was discussed
and developed with the concept of bringing any of the pedestrian traffic from the
apartments on Walker Lane or from the Baybridge Development down through this
development and subdivision to Bay Road where there’s an existing bike path to convey
those people to Stewarts or any other places they want to walk to along the Bay Road
corridor. In my cover letter that I sent to you, I raised the question of the aesthetics of
this bike, multi-use path. The standard for a multi-use path, I believe, is 10 feet, and
that’s what you see on the Warren County bike path as a width. We heard concerns
about the surfacing of this bike path or multi-use path and its width in this location. A 10
foot width would create an appearance of a full driving lane, and if it’s a hard surface
macadam pavement, we think that’s not going to be very aesthetically pleasing. It’ll look
like an additional stretch of road as it runs along the reconfigured Baybridge Drive
extension. So we’re looking for some input from the Board as to what you would like to
see for that multi-use path, but we think that it’s an open question. If we want this to be a
place that people would enjoy walking or biking on, perhaps a hard paved surface may
not be ideal, because that’s already present on the roadways in abundance. Maybe we
want to do something more like what’s in Hovey Pond Park or along the Feeder Canal
path with some type of a crushed stone of a fine enough grade that will pack and support
foot traffic, not be too squishy under foot, but also support some bicycle traffic. One of
our concerns with the hard surface is the additional stormwater runoff that would be
created. I think we made mention in the cover letter that that’s akin to another whole
building on this subdivision. So it adds up, even though it’s a small width. It’s the linear
width that gets added over a great distance. So, those are some of our concerns with
that. With regards to some of the Staff comments that George raises, I think we can go
through them, item by item. If the Board wants to stop me during this, feel free. I know
you’re all relatively familiar with it, so I don’t need to go through a great overview, but
please let me know if there are questions on any individual aspect. With regards to the
submission of a map plan for the sewer district extension, that’s been undertaken
already. That’s underway. I already addressed the residual lot. I think there was a note
somewhere, I think it was in Dan Ryan’s comments, the engineer’s comments, there was
a question about lighting on the bike path. He didn’t see any, but indeed on the plats that
we’ve submitted, there is a cut sheet I think that shows three of those decorative fixtures
along the path. So that’s already been addressed. If somebody has more concerns
about that, we’d be happy to talk about those.
MR. JARRETT-On Drawing C-6.
MR. BORGOS-The lighting plan for the multi-use path is on C-6 in the plan package that
you have. One of the other notable aspects of this, I think as we’ve discussed, in prior
appearances, but it’s worth noting again, is that the frontage of the buildings along
Walker Lane will have a visual front façade on Walker Lane and may indeed have a
double front, depending on what those individual owners wish to do when they come to
develop that and they come before you again for Site Plan, but the idea is that we’re
designing this in accordance with the Bay Road corridor design guidelines, and that’s
what it suggests. There won’t be any access from Walker Lane. All the access will be
through this extended Baybridge Drive. We think that’ll have some important safety
aspects, because as people are looking for a doctor or dentist or some other
professional’s office building, they’ll be able to identify the Fairfield Park as their
entrance, and then if they need to drive slowly to locate the particular office they’re going
to, they’ll at least be off Bay Road and the 45 mile an hour zone that’s out there, and it
should be a little bit safer for those drivers and other vehicles using that highway. I think
I’d like to let Tom Jarrett go through some of the engineering changes and developments
that have been submitted here, and if you have any questions, please feel free. Tom’s
pointing out that, and I’m not quite sure what Staff comments are intending to raise the
issue. I’m confused on this, George. You’ve raised the issue of the requirement of
variances for those proposed lots that border on Walker Lane but don’t have direct
access. I’m guessing that you might be meaning that they don’t have direct access on a
municipal highway.
MR. HILTON-Correct.
MR. BORGOS-But this would be like a shared driveway situation, in my mind.
MR. HILTON-Right, which I think is I think is preferable, and I understand the rationale
behind it, but just technically based on our Code, if those lots, for instance, that have
frontage on Walker Lane but have their vehicular access onto the new extended
Baybridge Drive, because those lots will not have direct access from the highway that
they directly abut, they would require an Area Variance in the future. I’m just pointing
that out. I’m not saying that they’re necessary at this point, and again, I think that that
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(Queensbury Planning Board 06/26/07)
design is preferable, but because the physical access won’t be from their lot onto, on a
public right of way, it would require an Area Variance.
MR. BORGOS-Well, the individual owners of those lots, remember, we have this design
flexibility built in with these separate lots of small size. We may have property owners
who wish to buy more than one lot. Now depending on those configurations, these
drawings, the individual Site Plans will be very different perhaps. What we’ve presented
here is the maximum build out, but because of that, each of those owners will receive an
easement to access from the public highway, so they’ll have legal access, and I’m not so
sure that I understand the need for a variance still, but I don’t, and they also do have
frontage on Walker Lane. I see, I think the Planning Board has the authority to approve
the plan with the shared driveway approach concept with the shared parking, without the
need for a variance, but I’d be happy to talk to you about that further as the time comes
up.
MR. HILTON-Sure, I mean, we can go into that.
MR. BORGOS-Tom can talk about the engineering a little bit more.
MR. HUNSINGER-I was going to say. That would be kind of a shame if they had to go
get an Area Variance for the design that we sort of directed them towards.
MR. HILTON-Yes, and again that’s my understanding. I spoke to the Zoning
Administrator about this, and I agree. I think this design is a nice design and preferable
to having multiple driveways onto Walker Lane, but unfortunately, at this time, given the
current Code, it’s my understanding that if a lot on Walker Lane chose to have its access
on the other street, it would unfortunately require an Area Variance.
MR. HUNSINGER-Okay.
MR. JARRETT-Unfortunately, I don’t agree, but we’ll argue that at another forum.
MR. HUNSINGER-Yes.
MR. JARRETT-And we’ve been to the Zoning Board, and that’s always an adventure.
So we’ll leave it at that. No, I was referring to the fact that they sent us back here, blah,
blah, blah. So, anyway. The engineering comments that we received today at five
o’clock, we’ve kind of tried to go through as quickly as we could. Number One, he’s just
acknowledging the stormwater SWPPP requirements, which we have provided to the
Town. Number Two is the construction sequencing, and I don’t take issue with Number
Two. Number Three, apparently he missed the lighting we showed on the multi-use
paths, and that’s on our plans. Number Four, he is suggesting a notation that the electric
utilities are underground and we have a note to that effect on the drawings. I think it
needs clarification with regards to gas, and we will do that.
MR. HUNSINGER-Okay.
MR. JARRETT-Number Five is one that I think needs to be emphasized. Our traffic
study indicates that our build out will not require a signal. It is build out from other
developments that could require a signal in the future, not now, but could require in the
future. So, that’s what, we could come back to that comment. Number Six, we did show,
in a note that the cover over water lines is five and a half feet minimum. Unfortunately
there’s a little confusion. We showed five feet in another place, and we’ll clarify that, and
Number Seven, we’re not sure what he means by a stormwater channel swale along the
north side of Baybridge Drive. We have provided a closed drainage system on
Baybridge Drive that drains into our stormwater ponds, and we’re not sure what that
means. We’ll have to work that out with the Town Engineer.
MR. HUNSINGER-Okay.
MR. JARRETT-I think we’re ready to open it up to Board questions.
MR. SEGULJIC-I have a general question. So this is a subdivision. So when each of
the lots goes to get developed, they’d come back before us again.
MR. HUNSINGER-George is nodding his head yes.
MR. HILTON-Absolutely, for Site Plan.
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(Queensbury Planning Board 06/26/07)
MR. JARRETT-That is our anticipation.
MR. SEGULJIC-So you have your stormwater. So at this point you’re just proposing to
capture stormwater on the road I assume?
MR. JARRETT-Actually we’ve put together a complete design for the entire subdivision
that complies with State requirements as well as Town requirements. Essentially, that
boils down to major stormwater ponds in the area just outside the existing DEC wetlands
to the southern part of the site. We have a closed drainage system on that road that’ll
drain through pre-treatment swales on either end and into our ponds, and then the
building and the pathways in the parking lots will drain to new soils along the perimeter
which, again, offer pre-treatment, before it empties into our new ponds. So we’re
essentially collecting all the stormwater along the perimeter of the property, draining it
into new ponds just outside the DEC wetlands. The ponds themselves are sized for100
year storms, and storms in excess of 100 years would flow into the existing DEC
wetlands, through our ponds.
MR. SEGULJIC-When you say closed along the road. You mean a pipe then?
MR. JARRETT-Yes, a piping system along the road.
MR. SEGULJIC-And then everything else would be directed into swales which would
drain around to either edge of the property and all end up on the southern end of the
property?
MR. JARRETT-All end up on the southern end of the property, and that’s the current
drainage pattern right now to the southern side of the property. Everything essentially
drains south and west on this property, and we’re maintaining that drainage pattern. The
reason there’s a closed drainage system on the road is that’s the Town standard.
MR. SEGULJIC-All right. Now with regards to the landscaping, if those parking lots are
along the right of way, don’t we also have the landscaping requirement where parking
lots and drive abut landscape strips along street right of ways, you have to maintain the?
MR. JARRETT-There will be additional landscaping that you will see in Site Plan
Review, for the lot, if that’s your question.
MR. SEGULJIC-I’m talking about along Bay Road, because as I interpret it, you have to
maintain a three foot high buffer along the entire length of the parking lot along Bay
Road.
MR. JARRETT-Here, essentially here.
MR. SEGULJIC-Yes.
MR. JARRETT-Yes, we do acknowledge that, and you would see that landscaping. If we
need that parking. You’ll notice in our submission we’ve shown parking all the way out to
the edge of the buildings, which we hope not to build. We’re going to build to the west
first, and only move to the east as we need it, and then we would provide landscaping to
buffer that.
MR. SEGULJIC-So as, when each site comes in for subdivision, there’ll be more
landscaping with that?
MR. JARRETT-That’s correct.
MR. SEGULJIC-Okay. Then with regards to the traffic study, were you alluding to the F
on the 2012 build out at the intersection of Willowbrook Drive on the westbound? That’s
where the problems are going to be, I assume?
MR. JARRETT-Okay. You’re diving into details now, and I haven’t looked at it in a while,
but essentially yes. It sounds right. It sounds correct.
MR. SEGULJIC-Because you have an F Level of Service. So we’re predicting a failure, I
guess.
MR. BORGOS-That’s for the Willowbrook side, coming west.
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(Queensbury Planning Board 06/26/07)
MR. JARRETT-In the future, at full build out on the west side of the road, on the east
side of the road.
MR. SEGULJIC-Because at your intersection, what you’re saying is you’re at the
Baybridge intersection.
MR. BORGOS-Correct.
MR. SEGULJIC-And looking at the traffic study, the worst you get to is a C, if I’m
understanding this correctly.
MR. BORGOS-Correct.
MR. JARRETT-It sounds correct.
MR. SEGULJIC-And what does a Level C mean?
MR. JARRETT-It’s an acceptable level of traffic. It’s certainly not a failure. A is the
superior, and that’s the best.
MR. SEGULJIC-I guess if we’re forecasting a failure of an F in the future, I mean, where
does that leave us? Because you’re saying it’s going to be from the development across
the street, when that’s fully built out. Is that what this is telling us?
MR. JARRETT-That’s correct.
MR. BORGOS-Well, I think we need to step back a moment and remember where we’re
coming from. Right now we have an existing intersection on Bay Road with Walker Lane
that’s not aligned with the Willowbrook intersection with Bay Road on the east side. So
all the west bound traffic coming out of Willowbrook is what Creighton-Manning
Engineers have determined to cause a failure at that point. They’re saying the traffic to
be generated from this professional park is not expected to generate an F type situation
at Bay Road. It’s the Willowbrook traffic that’s going to do that. The alignment of
Baybridge with this will alleviate some of the problem with congestion at the Walker Lane
intersection and will encourage people to use this other one as well. They’re saying that
down the road, if Willowbrook gets fully built out, as it’s starting to be developed and has
some different changes as that’s being developed, they’re anticipating that there will be a
problem there, and they’re suggesting that the Town and the County monitor the
situation for the eventual placement of a light in the future.
MR. SEGULJIC-There’s no light there now.
MR. BORGOS-Right, but I think what Ken Wirstead says in his conclusions paragraph
on his seventh page of that letter, or of that study report, he points out that, referring to
the signal, it is not warranted based on the Fairfield traffic generated volumes, given that
a majority of the volumes are right turns, which do not demand the same need for a
traffic signal. So really what we’re saying to you is that we’re not causing any problem
with this subdivision. It’s just that, in this location, other things are happening in the
Town, other developments are adding to it, and this is a recognition of that fact, and at
some point if it needs to be addressed, it should be addressed with all parties taking a
look at this. Not only this one, but the others that are neighboring it and bordering it.
MR. SEGULJIC-It’s most unusual we get a traffic study that highlights an issue. I think
this is the first time I’ve ever seen it.
MR. BORGOS-They’re very forward looking.
MR. HUNSINGER-So, at the end of the day, who would be making that decision that the
signal’s warranted? It’s the County, right?
MR. BORGOS-Yes.
MR. HUNSINGER-Since it’s a County road.
MR. BORGOS-Correct.
MR. JARRETT-Well, we have a letter from the County. We transmitted this report to the
County and they responded to us that they agree with the report. They accept the report,
and unfortunately, do you have a copy of that letter?
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(Queensbury Planning Board 06/26/07)
MR. HILTON-I don’t.
MR. HUNSINGER-I was going to say, apparently not, because that’s kind of new
information, based on Staff comments.
MR. JARRETT-We don’t have it with us tonight either, unfortunately. The County has
deferred to the Town as to when this light gets put in in the future, and who pays for it.
That’s basically their conclusion. They accept the fact that we don’t generate enough
traffic to warrant a light.
MR. HUNSINGER-Okay. So do they say in that letter who would pay for it, if one is
eventually needed?
MR. JARRETT-No. They conveniently left that to the Town.
MR. SEGULJIC-Excuse me. That’s a letter from the County to the Town?
MR. JARRETT-Yes. It’s actually written to me, and we provided a copy to George, but
apparently it’s not gotten there yet.
MR. SEGULJIC-So you’ve got a copy of that for us?
MR. JARRETT-Yes. You’ll get it tomorrow.
MR. HUNSINGER-Did you have any other questions, Tom?
MR. SEGULJIC-That’s what I have for now.
MR. HUNSINGER-Okay. Anyone else?
MR. SIPP-Does the test pit data show any place on there?
MR. JARRETT-It should, yes, I’ll look that up.
MR. HUNSINGER-I remember we asked for it.
MR. JARRETT-It’s on SP-1, the very end of the package. That’s the actual data. The
locations are shown on C-4. So C-4 and SP-1.
MR. HUNSINGER-While they’re looking that up, are there any other questions or
comments from other members?
MR. FORD-While we’re looking forward, I would like to re-visit an issue of the anticipated
flow from north to south you’re referring to, the runoff, yes? What do you anticipate will
be the steps that would be taken to arrest that flow, or to help contain it?
MR. JARRETT-If you look at Drawing C-4 in your package, you’ll notice the wet swales
along the east and west perimeters, actually the north perimeter as well, and in that, on
that plan, there is a note that says six inch high earthen berms at 40 foot on center will
be provided, with a detail on Drawing D-2, the left side of D-2, and what these essentially
are are check dams which reduce the velocity of stormwater in those swales, and then
promote infiltration in the swales, so that it really controls the runoff greatly. It slows the
runoff into our ponds.
MR. FORD-Thank you. That’s what I wanted to hear. I appreciate it.
MR. SIPP-Now, who’s responsible for the sewer here?
MR. JARRETT-There will be an association formed for owners within that subdivision,
and they’ll be responsible the sewer line and the stormwater system.
MR. SIPP-And that will be underneath the Baybridge Drive?
MR. JARRETT-Part of it. It actually goes underneath some of the private driveways. It
connects to a manhole at the corner of Walker and Bay. So it really goes across lots to
some degree.
MR. SIPP-Will that have to be pumped?
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(Queensbury Planning Board 06/26/07)
MR. JARRETT-It’s all a pump system, yes. Those are individual grinder pumps for each
building. That’s a pressure sewer system into the Walker Lane manhole.
MR. SIPP-It’s a good thing you’ve got a sewer there. You’d never get a septic system to
work in there.
MR. JARRETT-That’s correct.
MR. SIPP-Which you found out in Baybridge, I guess.
MR. JARRETT-That was located up on the western part of the site, up on high ground.
So it was not down in the lowlands. They did have problems with it, but it was not due to
the siting.
MR. SIPP-It did fail after a while.
DAN VALENTE
MR. VALENTE-We could get into that another day, Mr. Sipp.
MR. SIPP-So each individual site will be responsible for their own hook up.
MR. JARRETT-Their own pump, that’s correct.
MR. SIPP-All right.
MR. HUNSINGER-Anything else from the Board?
MRS. STEFFAN-What about the walking path material? Do folks have any suggestions?
MR. HUNSINGER-Well, the applicant’s comment, you know, was that it, the proposal
was for 10 foot wide pavement. That wouldn’t be my preference. So I would definitely
agree with you on that.
MR. JARRETT-Would not be your preference?
MR. HUNSINGER-It would not be, yes.
MR. TRAVER-Yes, the crushed stone that he mentioned would be permeable.
MR. HUNSINGER-I think, yes, a permeable surface that’s narrower than that, it would
certainly be acceptable. I mean, I don’t know what the magic width I, but to me 10 feet
seemed pretty wide.
MRS. STEFFAN-George, do you have any recollection, we approved a walking path off
of Haviland Road. It was a Schermerhorn development and I believe that it’s now an
Amedore Homes development and it has a retail space next to it, and it has a walking
path around the perimeter of the property.
MR. HILTON-I recall the application. I don’t recall the materials.
MR. JARRETT-So you would be amenable to something less than 10 feet and amenable
to something less than asphalt?
MR. SEGULJIC-It’s a walking path.
MR. SIPP-You saw that permeable material yesterday.
MR. JARRETT-We did.
MR. SIPP-And nobody would come forth with a per square foot price on it.
MR. JARRETT-Actually I heard a pretty high number.
MR. SIPP-Well, I was just wondering, for a walking path, would you need any more than
two inches?
MR. JARRETT-Not really, no.
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(Queensbury Planning Board 06/26/07)
MR. SIPP-But the cost would be prohibitive?
MR. JARRETT-We’re not sure. We’re investigating alternative materials, and we would
consider that, but it has to be cost effective.
MR. SIPP-And they also mentioned a porous concrete. I’ve yet to see that one.
MR. JARRETT-I don’t think I would support that for this particular application. I’d rather
see either the crushed stone or we would consider this other material if it’s, it’s a resilient
recycled tire material, looks like an aggregate. It’s got, it’s porous. It has stormwater
retention value, and it passes water, it’s a permeable material. It may be pricy, but if it’s
within reason, we would certainly consider it.
MR. HUNSINGER-Okay. Is everyone in agreement?
MRS. STEFFAN-I can be flexible, because I think originally in the discussions I talked
about a sidewalk. Of course in my mind sidewalks are concrete, and it’s a sidewalk,
obviously not 10 feet wide, but what’s the purpose, you know, it’s to allow walking traffic,
and so as long as the purpose is met.
MR. JARRETT-And we have a bike path along Bay. So a connector to that makes sense
to make it a more flexible use type.
MRS. STEFFAN-Because folks will be walking on Bay. I mean, there’s enough
development happening now so that there will be a lot more walking traffic, I think,
between the complexes and down to the deli and Stewarts. So we have to have
something.
MR. FORD-My preference would be something other than crushed stone, but you’re
exploring several possibilities.
MR. JARRETT-We’ll come back at Final and let you know what we think makes some
sense and we can firm it up then. Would you, do we want to throw out a width or do you
want to hear a proposal later at Final?
MR. FORD-Something smaller than 10.
MRS. STEFFAN-Ten seems quite wide to me.
MR. JARRETT-We’ll come back with a proposal.
MR. HUNSINGER-Okay.
MR. SIPP-The sign that’s to be erected out on the Baybridge road, what would that
include, just the name of a?
MR. BORGOS-Well, I’m glad you brought that up. That was next on our list. We have a
proposed drawing that was created by K.D. Wheeler Signs. What we’re thinking of doing
is putting up a sign to alert all potential patrons of all of the different offices within the
park, to its location. As I was describing earlier, we think it’s a nice safety feature to
bring the traffic off Bay Road into the park. If you can imagine if there were individual
frontages right on Bay Road, you’d have people driving slowly trying to identify which
building it would be. Since that’s not part of the design guidelines and the focus is to get
the traffic off Bay where they can proceed slowly identify things, we think identifying the
Fairfield Professional Park, and I’ll hold it up for the audience here, is important to see,
you know, this is the destination. We think that having individual names of the
businesses below, the professional offices would be helpful, so as people enter the
Baybridge Drive extension, they can verify that they’re indeed at the right location, but
the large lettering will certainly direct them that they’re at the Fairfield Professional Park.
MR. SIPP-So the sign would actually face Bay Road?
MR. BORGOS-I think it would be visible from the north and the south.
MR. FORD-It would be perpendicular to it.
MR. SIPP-Perpendicular to it?
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(Queensbury Planning Board 06/26/07)
MR. JARRETT-Yes.
MR. SIPP-I just wonder if they slow down to read each individual little sign going down
the list, they’re going to be rear-ended by somebody.
MR. FORD-Not once we get that traffic light in there.
MR. VALENTE-Yes.
MR. HUNSINGER-Actually, that was the most interesting thing to me in the traffic study
was the average speed driving down Bay Road of 51 miles an hour.
MR. VALENTE-Quite excessive.
MR. HUNSINGER-I’m sorry I didn’t mean to interrupt.
MR. VALENTE-In having discussion with Holly Wheeler of K.D. Wheeler Signs,
apparently she has some conflicting rules or regulations as to what is allowable, and
that’s partly why I brought this to the forefront here is whether you want a sign to dictate,
you know, this is Fairfield Professional Park, is that something the Board would like to
see? I personally would like to have, at a minimum, just Fairfield Professional Park out
there, to at least let the patrons know that this is the park that you’re looking for, enter
here, and then from there you can find the place you are looking for, to get them off of
Bay Road. I don’t think, necessarily, the names underneath are going to be very helpful
to us out on Bay Road because they’re not going to be legible, but her concern was what
is allowable in the current rules and regulations, as far as the Bay Road corridor designs,
versus office complexes, because they’re all individual lots. So I think there’s a little
issue there we would like to at least kind of clarify.
MR. SIPP-If I read this right, there’s a possibility of 16 different office buildings?
MR. VALENTE-Correct.
MR. SIPP-So that would be eight per side if you listed them that way. I think you’re
getting into the fine print area now. I would rather see a large sign that said the
professional park and when you get in there have them directed from, now each
individual office building will have their own sign then.
MR. BORGOS-That’s right, and then, you know, there might be a possibility for doing
some type of a placard sign at each driveway as they come in where they have shared
parking to identify these separate buildings enter here, you know, that type of thing.
That’s probably will be working best, because you have to really design this from the
motorist standpoint. I think as you point out very correctly, 16 individual names under
there wouldn’t do much for somebody driving by at 53 miles an hour.
MR. FORD-And it wouldn’t be eight to a side. That wouldn’t be fair to the people who
have got to turn around to the other side to read it.
MR. VALENTE-Sure.
MR. JARRETT-And then somebody would have to change each placard as the business
changes.
MR. FORD-Yes, 16 to a side.
MR. VALENTE-I just don’t know, and I don’t know if George can shed some light on this.
Is it allowable to do what we’re talking about doing, without having another variance?
MR. HILTON-Well, without, you know, exhaustively researching the Code, I think that it’s
very feasible and within Code to have a monument sign that identifies the park, and then
when you get in have individual signs. Each lot’s going to be entitled to an sign anyway,
once you get in off the corridor. I guess my first thought is that, you know, there are
going to be certain controls, such as, you know, not having back lit signs, having wooden
signs that have light downcast on them and things like that to control, you know, if you’re
worried about having 16 individual signs out there, but I guess in theory, yes, it seems to
me to be within Code to have one monument sign and then individual signage for each
lot.
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(Queensbury Planning Board 06/26/07)
MR. SIPP-So you’ve got a sign, these dimensions would give you ten and a half feet high
by approximately a little bit more than eight, nine feet or more.
MR. VALENTE-That’s all subject to change. We could shorten the columns. We’re
trying, we did submit an elevation of a potential style of building, kind of thinking in the
arts and crafts or the craftsman style buildings. So going with these tapered columns I
want to stay with that kind of look throughout the entire subdivision. The cultured stone
and the tapered columns are characteristics of that craftsman style.
MR. SIPP-I think once you, if you remove the individual nameplates and make the, you
could lower the sign, actually.
MR. VALENTE-Correct.
MR. SIPP-Ten feet is not that high.
MR. VALENTE-Yes, and we may want to bring up some landscaping around the base,
so we maybe don’t have quite so much column or pillar showing in the stone pillar. So,
you know, I know Tom submitted a photo of Meadowbrook Plaza, a Plaza I renovated,
similar type of idea, again, a nice sign with some nice landscaping underneath it, lit. I
think that’s a very pleasant result from what we did there.
MR. FORD-Yes. Agreed.
MR. HUNSINGER-Anything else from the Board? We do have a public hearing
scheduled. Is there anyone here in the audience that wanted to address the Board on
this project? If you could just state your name for the record, please.
PUBLIC HEARING OPENED
JANET RANK
MS. RANK-My name is Janet Rank, and I live in the Baybridge condos. My concern is
the traffic. It’s going to be a very serious problem, because you have the Adirondack
Community College kids from 11 to at least 1, and then like 3 to 4. You just about can
get out of Walker Lane. You just don’t try to get out of there by lunchtime because the
traffic is bad. So you’ve got that traffic, our traffic, the cross street, and now you’re going
to have this new situation.
MR. HUNSINGER-Thank you. Anyone else? Did you have any written comments,
George?
MR. HILTON-No, none.
MR. HUNSINGER-Okay.
BOB SEARS
MR. SEARS-My name’s Bob Sears. I’m a realtor involved in the project, and the only
thing I wanted to bring up is the setback issue relative to getting an Area Variance, and
there was a question about that. There was a recent subdivision that was passed by you
people where the cardiologists are going to be going, on Bay Road, where they have the
cul de sac coming in and then a leader road going behind the lots so that. Recently
there was a subdivision approved by the Planning Board that allowed for a five lot
subdivision on Bay Road where the cardiologists are going in, and there was Lots One
through three had access to the leader road where the cul de sac was, and there were
no curb cuts on Bay Road, and that did not require an Area Variance to get that
approved. That’s the only thing I had to say.
MR. HUNSINGER-Okay. Thank you.
MR. SEARS-Thank you.
MR. HUNSINGER-Anyone else? If there’s no one else, I will go ahead and close the
public hearing.
PUBLIC HEARING CLOSED
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(Queensbury Planning Board 06/26/07)
MR. HUNSINGER-And ask the applicant to come back. Did you have any additional
comments about traffic that you wanted to make for the record, since it was raised as a
concern?
MR. BORGOS-Well, as the applicant, we believe that what we’re suggesting, as I
mentioned before, is improving the present situation. We agree that Walker Lane is
presently very difficult to get out during those hours. The College contributes to it
greatly, and obviously that’s a County responsibility, so to speak, and we think
Schermerhorn’s development across the street at Willowbrook, again, somebody else’s
responsibility. What we’re suggesting is a first initial step to improving the situation with
having another outlet, and we don’t think that, as this project develops, it remains to be
seen exactly how much of a need there will be, which is why the County and the Town
really have to work together to evaluate it, and possibly install a signal here in the future,
but if we don’t do this realignment now, it’s not going to be a good solution later on. For
example, a traffic signal by itself at Walker Lane would be an inferior solution to this
aligned intersection with Willowbrook and Baybridge. So we think this is a step in the
right direction.
MR. HUNSINGER-Okay.
MRS. STEFFAN-How does the Board feel about the Staff comment about a sidewalk on
Bay Road? Consideration should be given to also including a sidewalk along Bay Road
for pedestrian along the corridor?
MR. SIPP-Would there be a connection of the sidewalk to anything?
MRS. STEFFAN-Probably not.
MR. SIPP-Does the bus, Glens Falls Transit, come up that road and stop at particular
places?
MR. BORGOS-I’m not sure if the bus does in that location, but they certainly could
change it in the future. What we designed with this path, this sidewalk, is to take all of
the intended uses on the west side of the road and provide a means to stay off the road
and by traveling through this path. So we think that solves the demand, and then
anybody who would be traveling from north or south would be presumably on that bike
path that’s already in existence, and putting a sidewalk there wouldn’t make much sense
because they’d have to leave the bike path, go on the sidewalk, just for the duration of
this property, and then they’d be right back on the bike path.
MRS. STEFFAN-The bike path’s on that side of the road? I thought the bike path was on
the other side of the road.
MR. BORGOS-I was surprised by it myself, but, yes, it’s actually on both sides.
MR. VALENTE-I think the biggest problem with Bay Road is there’s no clear designation
of that bike path, and I think safety is an issue as far as that goes, as far as a County
responsibility. I don’t want to throw the County under the bus here, but I think there
should be some kind of divider between the actual driving lane and the bike path.
MR. HUNSINGER-Yes, and there’s been a lot of discussions and a lot of different
proposals put forward because the road is so wide from, you know, your property up to
Haviland. Yes, the College red light is where it narrows down.
MRS. STEFFAN-George, did you have a comment?
MR. HILTON-Yes. I just wanted to kind of qualify my comment. When you read the Bay
Road design guidelines, it talks about sidewalks, and I think my comment was relative to
that, that if we have a vision of the corridor as an office corridor with sidewalks along Bay
Road, consideration should be given to including a sidewalk. I know the applicant has,
as previous discussions with the Board, included a multi-use path to get people to the
bike path, and that’s great, but again, relative to the overall vision, if we’re looking at
eventually having sidewalks up and down an office corridor, consideration should be
given to including a sidewalk.
MRS. STEFFAN-And there is a lot next to this lot that is now for sale. It’s a residential
lot, but there’s a residential lot and property, it’s the next one down that’s for sale.
MR. JARRETT-South?
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(Queensbury Planning Board 06/26/07)
MRS. STEFFAN-South of this, the same side of the road.
MR. SEGULJIC-It makes sense to me to have sidewalks there. Once again, it’s part of
the vision. It makes sense, as well as possibly a bus stop. So I guess we’d have to
check with Glens Falls Transit and see if they’d be willing to put a bus stop there. It
doesn’t make sense now, but down the road, say for example you have all the medical
office buildings there.
MR. BORGOS-Well, I think for certain, across the street you have a lot of those medical
arts buildings, and occupied by the Glens Falls Hospital Rehabilitation Center, I think is
over there, a number of other doctors. Maybe Glens Falls Transit could tell us which
side of the road they would put this stop on. My guess it would be on the east side
because if they’re taking people from the City up to these locations, that would be the
drop off point. I don’t know if they’d put them on opposite sides, right across the street
from each other, or if they would stagger it and place it up, because there are more
medical professional offices to the north of this project. As I look at it, again with the
sidewalk, I think it would be a sidewalk to nowhere, because to the north, those
properties are unlikely to be re-developed in the next 30 or 50 years. It’s just not
foreseeable that those are going to be turned over into a new project where a sidewalk
could be required. To the south, I think that neighboring lot, certainly the (lost word) lot
that Legacy Land Holdings will have, is very wet, especially as it nears the road, and my
understanding is that the next lot that you mention is for sale is also for wet and would be
very difficult to develop. I think even the practicality, is it possible of putting a sidewalk
on those other lots? I think it would be very, very difficult to actually construct one
without a great deal of fill, if I recall how close the wetlands come to Bay Road at that
point. So I think it would be an anomaly along Bay Road to see a sidewalk here, and
without great pressing need to convey people from north to south, or vice versa, it
doesn’t make any sense. Certainly the guideline says the Board needs to give it
consideration, which I think the Board has done very well in promoting this idea of the
multi-use path through this development, and I think the other concerns were addressed
by what’s there presently.
MR. SEGULJIC-Well, if I can clarify that, under the Bay Road corridor it says sidewalk,
sidewalks shall. As I read it, it doesn’t give us an option, and we have to start thinking
this way. If we keep this thinking, we’re never going to get out of the automobile. We’ve
got to start somewhere, and it says shall. So I think you have to.
MR. SIPP-Now north of this property there is an eye doctor and a couple of surgeons,
office buildings north of there. I don’t know how you get people or get the County to do it,
but if we required it, we had an office building in here earlier tonight we could have
required them to put a sidewalk in. It wouldn’t have gone anywhere, but it would have
been a beginning. As Tom said, you’ve got to start someplace. If we look to the green
society where we’re going to give up the automobile, or even use buses, where it makes
a round trip between Downtown and the College and turns around and comes back
down. We may be taking some cars off the road by people going to these doctor’s
offices that way.
MR. BORGOS-Well, if the Board is intent on having a sidewalk because the
interpretation is that’s mandated, I don’t read the design corridor guidelines regular
enough to see what you’re reading there, so I’d have to review that, but if it is indeed
mandatory, I don’t think it is, but if it is indeed mandatory, then we would like to take that
multi-use path and just provide the sidewalk around the front because the whole purpose
and the direction we went in back in November with the multi-use path was instead or in
lieu of a sidewalk along Bay Road, and I thought we had moved away from the sidewalk
on Bay Road with the substitution of this multi-use path. It doesn’t make sense to have
both. That would be a lot of extra hard surfacing on the site.
MR. SEGULJIC-Well, I disagree with you, because we agreed that we wouldn’t want a
hard surface. You could have packed cinders, for example, on the multi-use (lost word)
path. We’ve got to get out of this thinking.
MRS. BRUNO-I have to say, I’m usually a proponent for the sidewalks, and I know that
sometimes they seem like they’re going nowhere, and I wish, as a Board, and I wasn’t on
it at the time, but I wish perhaps on the other side of the road we had looked at that more
thoroughly, because I agree with you, Mr. Valente, that that road just seems very
dangerous. You have runners and people speeding and that type of thing. The only
reason why I might reconsider the sidewalk in this, or not having a sidewalk in this
instance, is my concern for the wetland. We seem to have a recurring theme, pretty
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(Queensbury Planning Board 06/26/07)
frequently, and we’re pretty conscientious about taking care of our wetlands, and, I don’t
know, I just foresee you get into backfilling that area, and then you’ve got your retaining
walls and we’re right back to other issues that we’ve had in Town. So that’s just kind of
my take on it.
MR. FORD-I think that corridor needs to really be examined and come up with some sort
of a more definitive plan, because as of right now it basically is shared pavement,
whether you’re biking, walking, driving your car, riding in the bus, it’s just a continuation
and expansion of that, of the paved area. I think we need to examine some way of
differentiating, other than just throwing a line or putting a bike on it.
MR. SIPP-Then the problem comes of maintenance, further maintenance.
MR. FORD-I understand the problem, Don, but I also understand that this is something
that needs to be addressed.
MR. SIPP-I’m not knocking it. I think it’s the way to go, but somebody’s got to maintain it,
and I know from Route 9 maintenance is kind of hit and miss. Like a week after the snow
storm it gets plowed, the sidewalk.
MR. FORD-That’s a whole other issue to be addressed, but I don’t think that’s a reason
not to have sidewalks.
MR. HUNSINGER-Can we defer the sidewalk discussion until the Final?
MR. SEGULJIC-We can, but I’ll just point out once again the Bay Road corridor says
sidewalks shall be five feet wide and ADA compliant. I see no interpretation.
MR. BORGOS-Well, I’ll certainly take a look at that first thing and we’ll discuss it and we
can bring it back for Final at that time.
MR. HUNSINGER-Okay. Anything else? They submitted a Long Form?
MRS. STEFFAN-Yes, they did. George, do we have to do the SEQRA at the
Preliminary?
MR. HILTON-Yes.
MR. HUNSINGER-Yes, that’s what I thought. Whenever you’re ready.
MRS. STEFFAN-Okay. Will the proposed action result in a physical change to the
project site?
MR. SEGULJIC-Excuse me, we’re doing SEQRA now?
MR. HUNSINGER-Yes.
MR. SEGULJIC-As opposed to Final?
MR. HUNSINGER-Yes, you do it at Preliminary.
MR. SEGULJIC-Well, can’t we do it as one of the last things?
MR. HUNSINGER-No. You can’t approve Preliminary site plan without going through
SEQRA.
MR. SEGULJIC-There’s a letter out there from the County.
MR. HUNSINGER-I mean, if you’re saying you’re not ready to do SEQRA yet, that’s one
thing, but you do SEQRA before, we have to do SEQRA before we can take any action,
and approving a Preliminary subdivision is taking an action.
MRS. STEFFAN-Otherwise we’d have to table it.
MR. SEGULJIC-And after our last experience.
MR. HUNSINGER-Yes, I understand.
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(Queensbury Planning Board 06/26/07)
MR. SEGULJIC-Especially when there’s a piece of information out there. I just think we
have to be cautious here.
MR. HUNSINGER-How does the rest of the Board feel? Are you comfortable moving
forward with SEQRA, or do you want to table this?
MR. TRAVER-Well, is there, what about the potential impacts of any adjustments in what
we approve tonight and Final? Is there any additional review, or are we approving both
Preliminary and Final without seeing Final yet, in terms of SEQRA?
MRS. BRUNO-We can’t really review SEQRA if we don’t know if they’re putting the
sidewalk in yet or not, because that’s going to impact the wetlands.
MR. HUNSINGER-It could impact the wetland, yes. Okay.
MR. BORGOS-If I may, I think that what you’re reviewing tonight would be what’s been
presented before you. So what you have in front of you is what you’d be reviewing. If a
sidewalk is determined to be necessary, that would be something to be addressed during
Final, and obviously that could change that outcome.
MR. HUNSINGER-We could readdress SEQRA at that point in time.
MR. BORGOS-And I think the letter from the County that Mr. Jarrett has received and
has represented to you what it says, is not an essential element, and if it’s any different
than Mr. Jarrett’s represented to you, then obviously that would be a change in
circumstance that would warrant a change in your findings.
MR. SEGULJIC-I mean, to me it seems like all we’ve got is a few loose ends to tighten
up. I have no problem (lost word) but on the other hand after our last experience, I’ve
gotten a little gun shy now.
MR. HUNSINGER-Well, I mean, speaking personally, I think the other lesson from the
last experience was we should have reconsidered SEQRA.
MR. SEGULJIC-Yes, but can’t we table this and do Preliminary and Final at the next
meeting? And do the SEQRA?
MR. HUNSINGER-We can do that.
MR. SEGULJIC-Because we have a traffic report that is an F and I don’t see that very
often.
MR. JARRETT-Either that, or if we were to, well, I guess that probably makes sense.
The only other option would be to have a positive declaration and the issues would be
addressed in the (lost word).
MR. HILTON-Just if I may, as far as timing. If the Board intends to look at Preliminary
and Final at a future meeting, if that meeting were to be in July, we’ve passed the
deadline for submission for July. So any final application is already passed due, so to
speak.
MRS. STEFFAN-Yes, we’d be looking at August.
MR. HUNSINGER-We’d be looking at August.
MR. SEGULJIC-What’s the schedule look like?
MR. HUNSINGER-July looks like a normal month. There would be no back log. I mean,
we could certainly do that, if that’s the will of the Board.
MR. JARRETT-The letter you’ll have tomorrow, and we can probably get something
regarding a sidewalk submitted within, you know, a few days or a week.
MR. HUNSINGER-Okay.
MR. SEGULJIC-I don’t have any problem with that.
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(Queensbury Planning Board 06/26/07)
MR. HILTON-I mean, if you need more information, by all means, before you do your
SEQRA, I think it’s been mentioned by the Board tonight, by all means, you have the
opportunity and the right to table it.
MR. JARRETT-Either way you do it, I’d prefer to be on a July agenda.
MR. HUNSINGER-Yes, okay.
thth
MRS. STEFFAN-The July meetings are the 17 and the 24.
thth
MR. HUNSINGER-If we get submissions by the 6 of July, can we do this at the 24
meeting?
MRS. STEFFAN-That’s a week from Friday.
MR. HUNSINGER-Or would we need materials, yes, that’s a week from Friday, with a
holiday in there.
MR. HILTON-Well, it’ll be my skin, but I’ll go out on a limb and say that I think it’ll work.
MR. HUNSINGER-Okay.
MRS. STEFFAN-So if we add another item, will that bump someone off?
MR. HUNSINGER-I don’t think so. I’ll have to look. We can do it as one item. We can
do Preliminary and Final as one item on the agenda.
MR. HILTON-Well, you can have them both on the same agenda. They’d be separate
items.
MR. HUNSINGER-They would be separate items?
MR. HILTON-Yes.
MR. HUNSINGER-Okay.
MR. HILTON-The only thing is that if the Board gets into Preliminary, gets into SEQRA
and sees issues, there’s the potential that the Final may not be acted on that, night, but
that’s certainly up to you guys.
MR. HUNSINGER-Yes.
MR. JARRETT-We run that risk anyway.
MR. HUNSINGER-Yes, exactly. Okay.
MRS. STEFFAN-So the things we’d want to address are the Staff comments and Vision
Engineering.
MR. HUNSINGER-The path. I think that needs to be included. I mean, I think the
applicant knows what issues we have.
MRS. STEFFAN-Provide options for a walking path surface.
MR. HUNSINGER-There you go.
MRS. STEFFAN-Okay.
MOTION TO TABLE PRELIMINARY STAGE SUBDIVISION NO. 15-2006 LEGACY
LAND HOLDINGS, LLC, Introduced by Gretchen Steffan who moved for its adoption,
seconded by Tanya Bruno:
thth
Tabled to the July 24 meeting, with a submission deadline of Friday, July 6. This
application is being tabled so that the applicant can address Staff comments, address
the Vision Engineering letter of 6/26/07, and provide the Planning Board options for
walking path surface.
th
Duly adopted this 26 day of June, 2007, by the following vote:
44
(Queensbury Planning Board 06/26/07)
MR. SEGULJIC-The parking lot buffer, we had discussed that before, and that’s going to
be taken care of under site plan?
MRS. STEFFAN-Site Plan Review.
MR. JARRETT-For the individual lots.
MR. SEGULJIC-For the individual lots.
AYES: Mr. Sipp, Mr. Traver, Mr. Seguljic, Mr. Ford, Mrs. Bruno, Mrs. Steffan,
Mr. Hunsinger
NOES: NONE
MR. JARRETT-Thank you very much.
MR. HUNSINGER-Okay. Thank you.
MR. VALENTE-Thank you.
SITE PLAN NO. 36-2007 SEQR TYPE UNLISTED HENRI LANGEVIN AGENT(S) B P
S R; MILLER ASSOCIATES OWNER(S) SAME ZONING RC-15 LOCATION
SHERMAN AVENUE APPLICANT PROPOSES CONSTRUCTION OF AN 8,210 SQ.
FT. INDOOR SKATING TRAINING RINK. RECREATION CENTERS REQUIRE SITE
PLAN REVIEW AND APPROVAL FROM THE PLANNING BOARD. CROSS
REFERENCE AV 15-2007; SP; SB; PZ WARREN CO. PLANNING 6/13/07 LOT SIZE
1.20 ACRES TAX MAP NO. 309.5-1-3.12 SECTION 179-4-020
JIM MILLER, REPRESENTING APPLICANT, PRESENT
MR. HUNSINGER-George, if you could summarize Staff Notes, please.
MR. HILTON-Sure. I believe this almost the exact same application that the Board
approved as part of Site Plan 55-2004 in September 2004. It’s for a roughly 8,000
square foot indoor skating facility. As I mentioned, the applicant has submitted a
stormwater management plan and report. The layout, as I’ve mentioned, is primarily the
same as the previous application. I guess Planning Staff’s one comment is that the
lighting plan shows wall mounted fixtures that are not down cast fixtures, and I think I’ve
referenced some other fixtures, previous applications that are compliant, and that
perhaps some compliant fixtures should be used at this location as well. Vision
Engineering, we have a comment letter from June 22, 2007 that I believe I handed to the
Board this evening, which talks about their comments, and that’s really all I have at this
point.
MR. HUNSINGER-Okay. Thank you. Good evening.
MR. MILLER-Good evening. My name is Jim Miller, Landscape Architect, and I’m here
with the owner and applicant, Henri Langevin. As George said, this was a previously
approved project that the building permit wasn’t acted upon, and so the approval lapsed
and the site plan’s essentially as it was approved previously. We had to do some
modifications now with the new DEC stormwater regulations. So we had to revise the
stormwater drainage slightly to meet the DEC requirements. The proposal is for an 8120
square foot one story practice skating facility. It’s not a full rink. It’s a partial rink. I
believe it’s like half size, and it’s used just for training, and skate drills, that type of thing,
and I think that’s, you know, that’s pretty much it, unless the Board has any other
questions. I think, I have some, one of the Staff comments on the lighting, and also Dan
Ryan had some comments on the lighting, you know, the lighting plan that’s submitted is
consistent with the Town requirement. Dan mentioned something about the light spill on
the properties. The only property where we have a light close to it is on the west side,
and that’s the Niagara Mohawk power corridor, but part of the way I addressed Dan’s
comment, and our response, we just received those yesterday, and we responded to all
of his comments, but what we suggested we would do on that light is we’d put a house
shield on the back of that, which would eliminate any spill back on that property and also
would eliminate any potential of seeing that light from Sherman Avenue. The lighting on
the property is only going to be operated when there’s activities going on. If there’s
training or anything in the facility, then the lights will be on. As soon as the facility is
closed at the end of the evening, the lights will be off. So they won’t be on all the time. I
wasn’t clear with what George said about the lights. I brought some catalogue cuts. The
lights in the parking lot are a 16 foot high cut off style light, and the lights that are
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mounted on the building are a wall pack, but it’s a cut off style wall pack, and maybe I
didn’t understand or maybe I wasn’t clear, but I’d like to just submit this, and certainly out
intent was that they would be cut off type lights. So we would adjust that if need be, and
the other thing was the Vision Engineering comments. I could quickly go through those.
We received a letter, eight comments, and they were fairly minor. Item Number One is
he wanted us to label one of the setback dimensions on the plan that was added. Item
Number Two, he wanted some additional dimensions relative to the septic system, as far
as setbacks from the building and items like that. Those were added to the plan. He
wanted us to show a 50% septic system reserve area. That was also added. He had a
comment about the construction sequencing, and we listed the construction sequencing
on the erosion control plan. We did not make a reference as to when in the sequence
the stone infiltration trench would go in. We added that. There was some confusion on
the notes relative to the modified soil system and the septic system. The requirement
currently is that the modified soil has to be a five minute per rate on the system, and
because this was a couple of years old, it had the notes from the older time when it was
like three to five minutes. So we revised that so it was current. They wanted some
additional dimensions showing the baffles and the septic system. We did that. He had a
comment on the site lighting, which we just talked about, and then he had a couple of
comments on the stormwater report, and that was revised and submitted. So the revised
drawings and revised stormwater report was done. We submitted it yesterday to the
Town. So a copy would go to Dan Ryan for his signoff.
MR. HILTON-I just want to address the lighting. The information that Mr. Miller just
provided me shows a different wall pack than what was shown, slightly different, but a
different wall pack than what was shown in the application, and the information that was
submitted this evening is a cut off fixture that complies with Code and I’m comfortable
with that fixture.
MR. MILLER-Okay. I think the other one that was submitted must not have been the
right one, because I checked on the lighting plan. The lighting plan is a TWAC. So that’s
what was in the lighting plan.
MR. HUNSINGER-Okay. I’ll open it up for Board questions or comments.
MRS. BRUNO-Do we have a public comment this evening, a public hearing?
MR. HUNSINGER-Yes.
MRS. BRUNO-Okay.
MR. FORD-Just an observation that I’m sure you’ll concur with, that the requirements are
virtually a living, breathing, aren’t they, and they change. So when you get your first
approval, that generally is the time to go for it.
MR. MILLER-That’s absolutely right. It doesn’t get any easier the longer you wait.
MR. SIPP-Now, the ice surface is 100 by 80, is that what I’m reading?
HENRI LANGEVIN
MR. LANGEVIN-The ice surface will be 90 by 50. What happens is we have to have a
buffer around the rink. Originally when we presented it they said that they wanted like a
five foot buffer around the rink for fire purposes or something, so we could clear the rink
out if there was a fire, which is virtually impossible. So the ice surface itself is going to
be 90 by 50.
MR. SIPP-Ninety by fifty.
MR. LANGEVIN-The room that the surface is in is 100 by, I think it’s 100 by 60, and then
to the left we have office, well, we’re going to have office space.
MR. SIPP-The ice is made by natural means then?
MR. LANGEVIN-Actually, not necessarily. I’m investigating natural ice or synthetic
surface ice.
MR. SIPP-Synthetic.
MR. SEGULJIC-Synthetic surface ice, what is that?
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MR. LANGEVIN-Do you have a cutting board at home that’s made out of plastic? That’s
what it looks like. Depending on which surface I would use, it has a 10 to 20 year
warranty on it, and you can flip it over and you don’t have the utility cost of trying to keep
the building.
MR. FORD-Don’t need a zamboni.
MR. LANGEVIN-Don’t have a zamboni, no zamboni costs.
MR. SIPP-If you went to natural ice, where would you dump the water in the
summertime? Or would you run this year round as an ice?
MR. LANGEVIN-It’s a year round.
MR. SIPP-Year round. Now who’s going to train here, high school?
MR. LANGEVIN-Actually it would be kids from three years old. My son started playing at
three, and you could have eighty year old people. I mean, I know people in their
seventies that took up skating as a, for exercise.
MRS. BRUNO-So there will be public times, public open times?
MR. LANGEVIN-I mean, that would one of the, we have to generate revenues. So that
would be one of the things we would consider is having public skating. The thing is you
have to realize, you know, he said it’s half the size of a rink. It’s not, a regular rink is 85
by 200. My surface is 50 by 90. So it’s probably around a 35%. So there’s not a lot of
people I could put in there in public skating. So we probably would have like younger
groups. Like one of the popular things, even in the summertime, was mom and tots or
during the school season mothers that are home with three year olds.
MRS. BRUNO-I thought you were going to say birthday parties.
MR. LANGEVIN-Like birthday parties is a possibility. You can’t have a lot of kids. We
wouldn’t have a lot of kids.
MRS. BRUNO-I know one thing I’d like to ask you to reconsider or revisit with your
architect, since you are facing the road, I’m just concerned about this much metal.
Obviously it’s a metal building, but you’ve highlighted it with some of the brick, which
does go along with the dome behind you. I would like it if you could just revisit with the
architect upgrading your façade somewhat. I understand that you have quite a bit of
landscaping in the front, and I was reviewing that just to see how tall it would be, just to
diminish some of that metallic look.
MR. LANGEVIN-Yes. We softened it a lot the last time, when we went through this the
first time.
MR. MILLER-I think also the intent is it’s going to be an earth tone. It’s 21 feet to the
peak. So it’s not a massive building.
MR. HUNSINGER-Yes. I was surprised at how low the peak was, to be honest with you.
I expected it to be much taller.
MR. SEGULJIC-So, I have no problem.
MRS. BRUNO-The public.
MR. FORD-Good to go.
MR. HUNSINGER-We do have a public hearing. I assume you’re here to make
comments. We’ll formally open the public hearing. If you could just identify your name
for the record, please.
GREG LUCKENBAUGH
MR. LUCKENBAUGH-Sure. My name’s Greg Luckenbaugh. I live in Hidden Hills, and I
didn’t say anything when the Dome came through the first time. I wanted to hold off and
see how it went. My only concern is I just see the building of traffic in that area, and
basically you’re funneling a lot of traffic right through our development because people
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come off Exit 19 and they come right down through, and then more and more people are
going through our area to get to the Dome and now to the rink, and, you know, the other
problem is trying to get out of that area on days when I assume both the Dome and the
rink could both be being used simultaneously. You’ve got a lot of traffic there. So if
you’re coming out of our development onto Sherman Avenue, you’re trying to take a left,
it’s very difficult to take a left there. There’s a little knoll there and there’s a lot of traffic
and it’s tough to get out of there, and by the same token if you’re trying to take a left
down on the other end, down by Veterans, down below the Morse complex, down on the
other end there, you get tons of traffic there, and it’s very difficult to get out of either one
of those areas, and I just foresee a lot of development in that area, and I just see more
and more traffic building there, and at some point, you know, I can foresee an accident or
something like that, and at some point I think traffic lights or something needs to be
visited, and like I said, obviously I have my own selfish motives here, but there’s just tons
of traffic coming through our development all the time, and I know there are kids going to
practice there, because I teach in Lake George and there are kids, and they wave and
beep their horn to me, and there they are. It’s like, okay, there they are, and they’re just
going through our neighborhood all the time. So that’s, I just wanted to throw those
concerns out there.
MR. HUNSINGER-Okay. I appreciate it. Thank you.
MR. LUCKENBAUGH-Okay.
MR. HUNSINGER-Any written comments, George?
MR. HILTON-No.
MR. HUNSINGER-Since there’s no one else in the public left in the room, I will close the
public hearing.
PUBLIC HEARING CLOSED
MR. MILLER-As far as the traffic, the Dome is a pretty big facility and it does generate a
lot of traffic. I was asking Henri, when he has like a power skating class or something in
there, it’s probably like 12 people. So this is not a big generator. This is not a full sized
rink. There’s going to be games and things. So it’s going to be smaller groups. The
Dome, we recognize, has had a big impact, especially when they have special events
and things, and by comparison this is very minor.
MR. HUNSINGER-I was going to say, I know that one of the issues with the Dome, and I
think it might be one of the reasons why it’s generated more traffic than was anticipated,
is because for lack of a better term, they’ve modified their business plan. They’re not
getting as many tournaments as they had expected, but instead they’re holding festivals,
you know, like weekend festivals, and I think that brings more traffic than, you know, a
weekend tournament where people would be coming off Exit 19 and not going through
the neighborhoods, but using Veterans Road and coming up that way. So I guess it kind
of begs the question of this Site Plan, you know, what exactly you see as being the
primary users of your facility. Is it more team sports?
MR. MILLER-I think it’s going to appeal more to, you know, local players or local teams
that come here and train and, you know, for special training and things. I mean, there
may be some draw from outside the area, but a fairly small facility like this is probably
going to draw mostly from the Queensbury/Glens Falls area. I don’t think it’s going to
have as big a draw as the Dome does.
MR. HUNSINGER-Right. I mean, I know, for example, the Queensbury Hockey team,
they use the, I forgot the name of it, in Lake George, that’s their home ice, the Forum.
MR. MILLER-Yes, but see, that’s the full rink. What Henri would offer would be certain
kinds of classes and training that, you know, would be in addition to their normal training.
MR. HUNSINGER-So I as an individual would sign up to go there and take a class or
something?
MR. MILLER-Yes, for the most part.
MR. HUNSINGER-Okay.
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MR. LANGEVIN-The most we would ever do is three on three because it’s 35% the size
of Lake George Forum. So you would have three on three with mostly little kids, smaller
kids, and there would be six players to each side. So you’d have six players, I mean,
and then they would play three against three, and then, you know, rotate the regular
shifts like they normally do.
MR. HUNSINGER-So how many people would you expect to be there at one time?
MR. LANGEVIN-At one time? Well, let’s say you have a three on three game going on.
So maybe you’d have six on each side. So that’s 12. So on the ice you’d have 12, and
maybe for a few minutes a day those 12 would be leaving and maybe another 12 would
be coming in, if I was lucky. Hopefully another 12 coming in to take the next hour. So
you never, you know, we have all these parking spaces which we’ll probably rarely use
ever half that many, but that was, because of the Code at the time, the last time we came
in, they weren’t sure how many parking spaces were needed, so we have all this parking,
but rarely, and that’s what we told them the last time, you know, I would be fortunate to
have 12 and then another 12 coming in and then an hour later that 12 leaving and
another 12 coming in. I mean, that would be, you know, good luck on my part.
MR. HUNSINGER-Sure. Well, I mean, as you can probably appreciate, we do have to
consider what is the maximum impact that could happen. So we just take that into
consideration.
MR. LANGEVIN-Right, and that would be the maximum. Normally I’d have groups of
less than that, five to six. I don’t know if you’re familiar with the Hockey Hut down in
Clifton Park, but they bring in groups of anywhere from five to ten kids and they train
them and then off they go and then they maybe bring in another five to ten kids, but it
really wouldn’t be comfortable to have much more than that on the surface, and there’s
nothing else at the site. I’m not going to have a restaurant or a snack bar. So it’s not an
end destination. It’s, people go there and train and then, you know.
MR. HUNSINGER-Okay. Anything else from members of the Board?
MR. MILLER-There was one other item. There was a request for a waiver on the islands
in the parking lot that was submitted with a cover letter, and I’d just like to bring that up.
Henri was concerned, we have a fairly small lot. There is a requirement to have those
islands in there, and he would like the Board to consider waiving that. We don’t have a
green space issue. Mostly for maintenance, snow removal concern.
MR. HUNSINGER-I was a little confused by that, because on the plan itself you do show
islands.
MR. MILLER-Yes, well, when I talked, I had the pre-application conference with Craig
Brown. I talked to him about it. He told me if I took the islands off the plan, he couldn’t
put me on the agenda because I wouldn’t meet the Code. So we showed the islands
and came here asking for the waivers. What we would do, if those islands were
removed, they would become painted islands, in lieu of the raised islands.
MR. HUNSINGER-Okay.
MRS. BRUNO-And you’re thinking primarily for upkeep, snow removal?
MR. HUNSINGER-You can see why I’m confused, because I saw them on the plan, and
I said, well, I’m not sure why you’re asking for the waiver when they’re shown. George,
you had a comment?
MR. HILTON-I had another comment. I guess I’ll comment on this, maybe. The only, off
the top of my head, issue I would see is purely an aesthetic one. Perhaps there’s a way
to take that landscaping and put it somewhere else on the site, but beyond that, I don’t
see any like major health, safety issues. I just wanted to get back to the lighting and just
suggest that perhaps a condition be included that the site plan be updated to reference
the cut off fixture that was presented this evening.
MR. MILLER-Well, I think if you look on the legend in the lighting plan, it has the TWAC
on there.
MR. HILTON-Okay.
MR. MILLER-I think it was just a submittal that we submitted. Copied the wrong page.
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MR. HUNSINGER-Okay.
MR. HILTON-And I just wanted to cover all the bases.
MRS. BRUNO-I don’t think I was part of the Board when we had the first, you were
referencing an earlier meeting regarding this building, and that was the whole complex.
Was that included in the (lost word)?
MR. MILLER-No. This actually came in before the sports dome project. Henri bought
this 1.2 acre parcel from Doug Miller, and the timing we thought was going to be Henri
was going to come in first and have to build part of the access road to do this, but then it
got delayed and in the meantime Doug Miller went ahead with his project and
constructed the access road.
MRS. BRUNO-Okay, and they calculated with you this many parking spaces? Is that
why you were saying?
MR. MILLER-No, this was a separate project. The reason we have the 41 parking
spaces is sometimes we get an unusual use like this, there’s not a use identified in the
Code Book that applies to it specifically, and there’s a use in there, I believe, for one
parking space for 200 square feet for indoor recreation, which is sort of a general term,
and that’s what we were told we had to comply with.
MRS. BRUNO-So that’s what you’ve got exactly. I was just going to put out there that
perhaps if we cut back the parking by just a little bit, maybe it would make your radiuses
work a little bit better in terms of snow removal. I think the aesthetic part is important,
you know, I mean, just when you think of the overall number of trees between the two
parcels that were removed, and also it’s just the look that I think we’re trying to create
across the Town, that we have that internal greenery.
MR. SEGULJIC-Forty-one spots is excessive, I assume.
MR. LANGEVIN-If I’m going to have 12 kids at a time. A lot of times one parent will bring
two or three kids.
MR. SEGULJIC-So worst case would be 24 cars, if they turned over.
MR. LANGEVIN-If every one brought one child, yes.
MR. SEGULJIC-And how many coaches would you have?
MR. LANGEVIN-You only have one for each team, and sometimes, actually when we do
a three on three, the type of games I would do, you’d have just one guy, you’d have me,
and what you’d do is you’d let the kids, it’s more freewheeling than a full, regular game.
See, basically I would be the one or somebody would be there on my behalf, you know,
overseeing the kids and telling them what to do and doing it, but let’s say you have two
kids, I mean, two coaches, but you normally would have one.
MR. SEGULJIC-If we allow them to reduce the parking, have they got to get a variance
then? How does that work?
MR. HILTON-You can’t go below what’s required by Code.
MR. HUNSINGER-We can’t go below the minimum required.
MR. HILTON-Right.
MR. HUNSINGER-Yes.
MR. SEGULJIC-You can’t go below the minimum.
MR. HILTON-Yes, I mean, if there is, and there is, I believe.
MR. MILLER-Well, what we could do, and we’ve done on other projects, is not put it all
in, and then put it in if we need it, and maybe that would apply here. I mean, we could
easily eliminate say the spaces on the west side.
MR. SEGULJIC-Save you some asphalt.
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MR. MILLER-Yes.
MR. SEGULJIC-Save the world some asphalt, and what we can do is we can show it on
the plan and just dash it in like we have in the past, and say that we would still comply
with the indoor recreation requirement, and if it was needed to do it, we could always add
that, but we could eliminate that row of parking, as part of the approval.
MR. HUNSINGER-Which spaces would be the?
MR. MILLER-Well, I’m thinking the easiest one would be the westerly ones along here.
MR. HUNSINGER-Southern.
MR. LANGEVIN-That would be west. That’s towards West Mountain.
MR. HUNSINGER-Okay. You have two north narrows.
MR. MILLER-I do?
MR. HUNSINGER-Yes, up here. Well, I’m just looking at the SP-1.
MR. MILLER-That other one there is just for the location plan.
MR. HUNSINGER-I didn’t think that made sense.
MR. MILLER-Yes.
MRS. BRUNO-Take the middle ones out and make one big island.
MR. MILLER-I think you’re going the wrong way now.
MRS. STEFFAN-How many parking spaces is there? Is it 10 or 11?
MR. MILLER-In that row?
MRS. STEFFAN-It says right here 11.
MR. HUNSINGER-Okay.
MR. MILLER-There’s 11. So that would limit it down to 30.
MR. HUNSINGER-We do need the SEQRA also.
MR. SEGULJIC-We’d have to be really crazy to say get rid of 15 spaces. Then they
could square up the parking lot. Just for the future. Because I mean, based on your
description, you don’t need 25, 26 spaces. You’ll be like K-Mart.
MR. MILLER-Well, that’s what we were told was the requirement.
MR. LANGEVIN-That’s what they wanted, and it didn’t seem like they wanted to budge.
MR. HUNSINGER-Well, I think you need, don’t you need to get around that island?
MR. SEGULJIC-Well, right to there, actually.
MR. MILLER-One thing that’s important with this is we need to have some sort of
circulation around, because this is one of the kind of facilities where we’d have a lot of
children’s programs. A lot of parents will come and they’ll just drop them off and go
somewhere else. So we wanted to have that lot to be able to drop off.
MR. SEGULJIC-Okay. I was just trying to help you out. All right.
MR. HUNSINGER-Okay.
MR. LANGEVIN-He’s right. There’s a lot of times the mother or the father will drop the
child off and then go grocery shopping and then come back.
MR. MILLER-It’s good babysitting.
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MR. LANGEVIN-Well, they kill two birds with one stone.
MR. HUNSINGER-We’ve got to do the Short Form. Is everyone comfortable with
SEQRA?
MR. FORD-Yes.
MR. SEGULJIC-Yes.
MR. HUNSINGER-Okay.
MRS. STEFFAN-“Does the action exceed any Type I threshold in 6 NYCRR Part 617.4?”
MR. HUNSINGER-No.
MR. FORD-No.
MRS. STEFFAN-“Will the action receive coordinated review as provided for Unlisted
Actions in 6 NYCRR, Part 617.6?”
MR. HUNSINGER-No.
MR. SEGULJIC-No.
MRS. STEFFAN-“Could the action result in any adverse effects associated with the
following: C1. Existing air quality, surface or ground water quality or quantity, noise
levels, existing traffic patterns, solid waste production or disposal, potential for erosion,
drainage or flooding problems?”
MR. HUNSINGER-No.
MR. SEGULJIC-No.
MRS. STEFFAN-“C2. Aesthetic, agricultural, historic, or other natural or cultural
resources; or community or neighborhood character?”
MR. HUNSINGER-No.
MR. SEGULJIC-No.
MRS. STEFFAN-“C3. Vegetation, fauna, fish, shellfish or wildlife species, significant
habitats, or threatened or endangered species?”
MR. HUNSINGER-No.
MR. SEGULJIC-No.
MRS. STEFFAN-“C4. A community’s existing plans or goals as officially adopted, or a
change in use or intensity of use of land or other natural resources?”
MR. HUNSINGER-No.
MR. SEGULJIC-No.
MRS. STEFFAN-“C5. Growth, subsequent development or related activities likely to be
induced by the proposed action?”
MR. SEGULJIC-No.
MR. FORD-No.
MRS. STEFFAN-“C6. Long term, short term, cumulative or other effects not identified
above?”
MR. SEGULJIC-No.
MR. FORD-No.
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MRS. STEFFAN-“C7. Other impacts (including changes in use of either quantity or
energy)?”
MR. SEGULJIC-No.
MR. HUNSINGER-No.
MRS. STEFFAN-“Will the project have an impact on the environmental characteristics
that caused the establishment of a Critical Environmental Area?”
MR. HUNSINGER-No.
MR. SEGULJIC-No.
MRS. STEFFAN-“Is there or is there likely to be controversy related to potential adverse
environmental impacts?”
MR. HUNSINGER-No.
MR. SEGULJIC-No.
RESOLUTION NO. 36-2007, Introduced by Gretchen Steffan who moved for its
adoption, seconded by Thomas Ford:
WHEREAS, there is presently before the Planning Board an application for:
HENRI LANGEVIN, and
WHEREAS, this Planning Board has determined that the proposed project and Planning
Board action is subject to review under the State Environmental Quality Review Act,
NOW, THEREFORE, BE IT
RESOLVED:
1. No Federal agency appears to be involved.
2. The following agencies are involved:
NONE
3. The proposed action considered by this Board is Unlisted in the Department of
Environmental Conservation Regulations implementing the State Environmental
Quality Review Act and the regulations of the Town of Queensbury.
4. An Environmental Assessment Form has been completed by the applicant.
5. Having considered and thoroughly analyzed the relevant areas of environmental
concern and having considered the criteria for determining whether a project has
a significant environmental impact as the same is set forth in Section 617.11 of
the Official Compilation of Codes, Rules and Regulations for the State of New
York, this Board finds that the action about to be undertaken by this Board will
have no significant environmental effect and the Chairman of the Planning Board
is hereby authorized to execute and sign and file as may be necessary a
statement of non-significance or a negative declaration that may be required by
law.
th
Duly adopted this 26 day of June, 2007, by the following vote:
AYES: Mr. Traver, Mrs. Bruno, Mr. Seguljic, Mrs. Steffan, Mr. Ford, Mr. Sipp,
Mr. Hunsinger
NOES: NONE
MR. HUNSINGER-Do you have a resolution?
MRS. STEFFAN-Yes.
MR. HUNSINGER-Are we going to let them eliminate the landscaping on the islands?
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(Queensbury Planning Board 06/26/07)
MRS. STEFFAN-We didn’t answer the question on eliminating the islands. We’ve
eliminated some parking spaces that need to be built. Do we want to?
MR. SEGULJIC-I think we need to keep the islands.
MR. HUNSINGER-Yes I do, too. I think it’s a good trade off.
MR. SEGULJIC-Yes.
MR. TRAVER-Does the reduction in the number of parking spaces impact on the number
of islands or size of islands required?
MR. MILLER-Yes, it would. The only thing is, is what we’re doing is we’re showing it as
a set aside. So typically if you design with some spaces not being paved, everything
else has to meet it as if it was, including the green space.
MR. HUNSINGER-Right.
MR. MILLER-So the answer’s kind of yes and no.
MR. HUNSINGER-But the money we’re saving you on asphalt you can use to plant the
trees.
MRS. STEFFAN-Now there’s a place for the snow to go, pave the parking lot, not that
I’m a plowing expert.
MR. HUNSINGER-It’s not as easy as that, but.
MRS. STEFFAN-Okay. So the conditions we have are lighting, Vision Engineering
signoff, waiver on, and the spaces. Okay.
MOTION TO APPROVE SITE PLAN NO. 36-2007 HENRI LANGEVIN, Introduced by
Gretchen Steffan who moved for its adoption, seconded by Stephen Traver:
1. WHEREAS, a site plan application has been made to the Queensbury Planning
Board for the following: Applicant proposes construction of an 8,210 sq. ft. indoor
skating training rink. Recreation Centers require Site Plan Review and approval from
the Planning Board.
2. WHEREAS, a public hearing was advertised and held on 6/26/07; and
3. WHEREAS, this application is supported with all documentation, public comment and
application material in the file of record; and
4. WHEREAS, pursuant to relevant sections of the Town of Queensbury Zoning Code
[Chapter 179], the Planning Board has determined that this proposal complies comply
with the requirements as stated in the Zoning Code; and
5. The requirements of the State Environmental Quality Review Act have been
considered and the Planning Board has adopted a SEQRA Negative Declaration; and if
the application is a modification, the requirements of the State Environmental Quality
Review Act have been considered, and the proposed modification[s] do not result in any
new or significantly different environmental impacts, and, therefore, no further SEQRA
review is necessary; and
6. WHEREAS, final approved plans, in compliance with the Site Plan application, must
be submitted to the Community Development Department before any further review by
the Zoning Administrator or Building and Codes personnel. Subsequent issuance of
further permits, including building permits are dependent on receipt; and
7. The applicant will provide as-built plans to certify that the site plan is developed
according to the approved plans prior to issuance of the certificate of occupancy; and
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(Queensbury Planning Board 06/26/07)
8 If applicable, Item 8 to be combined with a letter of credit; and NOT
APPLICABLE
9. The Sanitary Sewer connection plan must be submitted to the Wastewater
Department for its review, approval, permitting and inspection. NOT APPLICABLE
MOTION TO APPROVE SITE PLAN NO. 36-2007 HENRI LANGEVIN, Introduced by
Gretchen Steffan who moved for its adoption, seconded by Stephen Traver:
According to the resolution prepared by Staff. Paragraph Four complies. Paragraph
Five Negative. Paragraph Eight and Nine do not apply. It is approved with the following
conditions: The applicant change the light fixtures to cut off light fixtures that meet the
Town of Queensbury Zoning Code. Number Two, to obtain a Vision Engineering signoff,
and Number Three, that the eleven spaces on the west side of the plan can be built at a
future time.
th
Duly adopted this 26 day of June, 2007, by the following vote:
AYES: Mr. Sipp, Mr. Seguljic, Mr. Ford, Mrs. Bruno, Mr. Traver, Mrs. Steffan,
Mr. Hunsinger
NOES: NONE
MR. MILLER-I’m not clear where we stand with the islands, though.
MR. TRAVER-They’re still there.
MR. HUNSINGER-They’re still there.
MRS. STEFFAN-That was the trade off, the parking spaces for the islands.
MR. LANGEVIN-Thank you.
MR. MILLER-Thank you.
MR. HUNSINGER-You’re welcome.
MRS. STEFFAN-Thank you.
MR. HUNSINGER-Is there any further business to be brought before the Board? If there
is none, I will entertain a motion to adjourn.
MOTION TO ADJOURN THE QUEENSBURY PLANNING BOARD MEETING OF JUNE
26, 2007, Introduced by Gretchen Steffan who moved for its adoption, seconded by
Thomas Ford:
th
Duly adopted this 26 day of June, 2007, by the following vote:
AYES: Mr. Sipp, Mr. Traver, Mrs. Bruno, Mr. Seguljic, Mr. Ford, Mrs. Steffan,
Mr. Hunsinger
NOES: NONE
On motion meeting was adjourned.
RESPECTFULLY SUBMITTED,
Chris Hunsinger, Chairman
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