Loading...
2009.02.19(Queensbury Planning Board 02/19/09) QUEENSBURY PLANNING BOARD MEETING SECOND REGULAR MEETING FEBRUARY 19, 2009 INDEX Subdivision No. 13-2007 PRELIMINARY STAGE Subdivision No. 5-2008 PRELIMINARY/FINAL STAGE Subdivision No. 12-2007 MODIFICATION #1 John Fedorowicz Tax Map No. 265-1-19.11 Dariusz Jackowski Tax Map No.265-1-73.2 Christine Germaine Tax Map No. 301.18-2-34 1. 2. 9. Subdivision No. 5-1968 MODIFICATION #1 Subdivision No. 1-2009 SKETCH PLAN REVIEW Site Plan No. 6-2009 Kathleen Daly Tax Map No. 295.14-1-85, 86 Robert Gray Tax Map No. 265.-1-21 Michael LaMott Tax Map No. 296.5-1-7 12. 21. 24. 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. 0 (Queensbury Planning Board 02/19/09) QUEENSBURY PLANNING BOARD MEETING SECOND REGULAR MEETING FEBRUARY 19, 2009 7:00 P.M. MEMBERS PRESENT CHRIS HUNSINGER, CHAIRMAN GRETCHEN STEFFAN, SECRETARY STEPHEN TRAVER DONALD KREBS PAUL SCHONEWOLF, ALTERNATE MEMBERS ABSENT THOMAS SEGULJIC THOMAS FORD MR. HUNSINGER-I'll call the meeting to order, the Town of Queensbury Planning Board meeting on Thursday, February 19, 2009. SUBDIVISION NO. 13-2007 PRELIMINARY STAGE SEAR TYPE UNLISTED JOHN FEDOROWICZ AGENT(S) B P S R OWNER(S) JOHN & LAURA A. FEDOROWICZ ZONING RR-3A LOCATION 1433 BAY ROAD APPLICANT PROPOSES SUBDIVISION OF A 10.14 ACRE PARCEL INTO 2 RESIDENTIAL LOTS OF 3.7 AND 6.44 ACRES. SUBDIVISION OF LAND REQUIRES REVIEW AND APPROVAL BY THE PLANNING BOARD. CROSS REFERENCE SUB 1-00 WARREN CO. PLANNING N/A LOT SIZE 10.14 +/- ACRES TAX MAP NO. 265-1-19.11 SECTION A-183 MR. HUNSINGER-We did get a letter from their agent requesting that the application be tabled to March. I think we have one opening left on the March agenda. MR. OBORNE-There's one opening left on the 24tH MR. SCHONEWOLF-We had three, we filled two the other night. Right? MR. HUNSINGER-Yes. MR. OBORNE-I think you had two and you filled one. MR. HUNSINGER-Yes, we had two and we filled one. MR. SCHONEWOLF-The same result, though. MRS. STEFFAN-So it's the 24t" meeting. MR. HUNSINGER-Would anyone like to make a motion? I would like the motion, though, to also include our understanding that previously the applicant had waived the requirement that we render a decision within 62 days, and I just want that to be reflected on the record in our tabling resolution. This goes all the way back to October when they did that. Just say that the Planning Board affirms the October 27t" letter from the applicant that waived the requirement that we render a decision within 62 days. MRS. STEFFAN-Okay. MOTION TO TABLE PRELIMINARY STAGE SUBDIVISION NO. 13-2007 JOHN FEDOROWICZ, Introduced by Gretchen Steffan who moved for its adoption, seconded by Stephen Traver: This is at the request of the applicant. This will be tabled to the March 24t" Planning Board meeting and the Planning Board would like to affirm the letter that we received from their counsel on October 27, 2008 where the applicant hereby waived the requirement that the Planning Board render a decision within 62 days under New York Town Law. Duly adopted this 19t" day of February, 2009, by the following vote: AYES: Mr. Krebs, Mr. Schonewolf, Mrs. Steffan, Mr. Traver, Mr. Hunsinger (Queensbury Planning Board 02/19/09) NOES: NONE ABSENT: Mr. Ford, Mr. Seguljic SUBDIVISION NO. 5-2008 PRELIMINARY/FINAL STAGE SEAR TYPE UNLISTED DARIUSZ JACKOWSKI OWNER(S) SAME ZONING RR-3A LOCATION BAY ROAD APPLICANT PROPOSES SUBDIVISION OF A 6+ ACRE PARCEL INTO TWO LOTS OF 3.0 ACRES EACH. SUBDIVISION OF LAND REQUIRES PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: SUB 14-06; SKETCH 8/26/08 APA, DEC, ACOE, OTHER APA, L G CEA LOT SIZE 6+ ACRES TAX MAP NO. 265-1-73.2 SECTION A-183 MICHAEL &DARIUSZ JACKOWSKI, PRESENT MR. HUNSINGER-Keith, whenever you're ready, if you could summarize Staff Notes, please. MR. OBORNE-Sure. This item was tabled to 2/24/09. With the change in date of the meeting, this application was re-advertised for a public hearing. Application, Subdivision 5-2008, Preliminary and Final Stage. Applicant's name Dariusz Jackowski. Requested action. The applicant requests the subdivision of six acres into two lots of three acres each. At this point, Sketch Plan Review is not requested. It is actually Preliminary and Final at the same time. It's the east side of Bay Road between Ellsworth Lane and Pickle Hill Road. This is a Rural Residential Three Acres. SEQRA action is Unlisted. The Planning Board must make a SEQRA determination. Project Description: The applicant proposes the subdivision of six acres into two lots of three acres each. The two lots are to have one single family residence built in the near future on each of the lots. Each lot will be accessed by a shared driveway located directly in the centerline of the new subdivision. Staff comments. Both of these parcels will each need Site Plan Review prior to issuance of a building permit per the condition of approval of the previous subdivision. See attachment. Both parcels reside in the Lake George CEA, specifically the eastern portion of the property. The following is for consideration. New comments are in bold, and I assume that the Planning Board has reviewed the site plan review. MR. HUNSINGER-Thank you. If you could identify yourselves. MR. JACKOWSKI-My name's Michael Jackowski. MR. D. JACKOWSKI-My name is Dariusz Jackowski. MR. HUNSINGER-Thank you. MR. JACKOWSKI-The last time we didn't hand out elevation drawings. I didn't give them to Keith, and we brought elevation drawings for each of you. MR. HUNSINGER-Okay. MR. JACKOWSKI-The elevation drawings are on the back page. All we're trying to do is subdivide the six acre lot into two, three acre parcels for a future building for my sister. My sister might be interested in living next to us in the future, because she's in college. If we need to sell it for hardship or for money reasons, we will. Hopefully this is our last time and we get approval. MR. HUNSINGER-So are you looking for Site Plan approval tonight, too? MR. JACKOWSKI-We're looking for Final and Preliminary for the subdivision. MR. HUNSINGER-Just for the subdivision. Okay. MRS. STEFFAN-As part of their approval, when the initial subdivision came in, before these folks bought it, there was a condition that anything that was built on these lots would have to go through Site Plan Review, because of the environmental issues with the property being in a Critical Environmental Area. MR. HUNSINGER-Okay. Do you have anything else to add? MR. JACKOWSKI-We got the all okays from the VISION Engineering from your engineer. Hopefully we addressed everything we need to. 2 (Queensbury Planning Board 02/19/09) MRS. STEFFAN-There were a couple of outstanding issues on the Staff Notes, the February 19t" Staff Notes, concerning the driveway, erosion and sediment controls that are planned, and as a result of the banks that have to be cut to put your driveway in. So it's asking for stabilization and the percentage of the side slopes. Did you have that information? MR. JACKOWSKI-I'm pretty sure the engineer included all that in the drawings, because he looked at everything. MRS. STEFFAN-In the drawings that you just gave us. MR. JACKOWSKI-Those are for the architectural drawings. MR. HUNSINGER-That was part of the reason why I asked about the elevation drawings. Any other questions, comments, concerns from members of the Board? MRS. STEFFAN-Well, I certainly think that the Staff laid out in their Staff Notes what is required. The difficulty is, I mean, we're supposed to be approving the subdivision, and they're looking for Preliminary and Final. The difficulty, in my mind, is without the elevations, like, for example, the driveway, what happens if they're too steep to build on, and then they've got an approved subdivision and they can't put a house in there, at some point in the future, so, whether it's for a family member or whether they're going to sell at some time in the future, we may be, by an approval, without this information, we may be approving something that's not buildable. MR. HUNSINGER-Do we know what the slopes of the driveway are? MR. OBORNE-I can calculate the slopes at approximately 10%. MR. HUNSINGER-Yes. MR. OBORNE-I've got a 120 foot run with a 12 foot drop, pretty easy math, and obviously the Code allows fora 10 foot. That's the maximum, though. MR. HUNSINGER-Right. MR. OBORNE-That's pushing it, and I'm not all too concerned about that, because I knew it was compliant. It's the slopes on the cut that I'm concerned about stabilization, and I know that the applicants have been working diligently with their engineer, taking care of Dan Ryan's comments, and I think the engineer neglected Staff comments at this point. Any type of seed stabilization, any type of jute mesh, some type of erosion control is what I'm looking for specifically on the side slopes. MR. HUNSINGER-Well, we could certainly address that at Site Plan Review, right? MR. OBORNE-I think so. MR. HUNSINGER-I was going to say the only concern is presumably they come in for one house first and then the second later on, and it is a shared driveway. MR. SCHONEWOLF-How about the driveway with the first house. MR. OBORNE-Well, they're certainly working through all the Site Plan issues. I mean, that's been the thrust of this application is it's not just the subdivision, it's also Site Plan Review. MR. HUNSINGER-Right. So if we were to approve the Subdivision, they'd still have to come back for Site Plan, when they're ready to build? MR. OBORNE-That is correct, but that would be one meeting. MR. HUNSINGER-Right. MR. OBORNE-That would be, you have all the information in front of you, and it would be just protocol at that point. MR. HUNSINGER-Sure. Is that the only outstanding issue that members have is the driveway? 3 (Queensbury Planning Board 02/19/09) MR. OBORNE-I think that's my main issue, yes. MR. TRAVER-Yes, everything else has been addressed up to this point. MRS. STEFFAN-So the elevation drawings and the floor plans. The 147 requirements, that could be added. We can make that a condition of approval. MR. HUNSINGER-And also the Notation for Pond A, which wasn't noted on the plan. MRS. STEFFAN-The houses being different sizes, I mean, that's what's proposed, but it may not, I mean, it may be different when they come back for the actual Site Plan Review when they decide to build. Silt fencing, that can also be done at some point in the future. The location of neighboring wells and leachfield. That's a pretty rural area. MR. HUNSINGER-Yes, what's your closest neighbor? MR. JACKOWSKI-There's nothing on the left. There's a 54 acre lot for sale, and on the right, it's real far back, real far back, there's a gardener, a farm, he has a. MRS. STEFFAN-The nursery? MR. JACKOWSKI-The nursery back there. That's really far back. MR. HUNSINGER-Okay. MRS. STEFFAN-I'm not as concerned about that last item. MR. HUNSINGER-Yes, I wasn't either. MRS. STEFFAN-So the stabilization would be part of Site Plan Review for, when they want to build. MR. HUNSINGER-Members comfortable with that? MR. TRAVER-I think, provided, maybe if we make a note that the driveway design would be completed for both structures when we do Site Plan Review for the first structure, so you wouldn't have any modification to the driveway. We could handle it at one time, which is probably what they plan on doing anyway. MR. HUNSINGER-Right. Okay. MR. TRAVER-We'd maybe want to make a note of that. MR. HUNSINGER-Okay. Well, we do have a public hearing scheduled this evening. Is there anyone in the audience that wanted to address the Board on this application? PUBLIC HEARING OPEN MR. HUNSINGER-Well, let the record show there's no one in the audience. Any written comments? MR. OBORNE-No, sir. MR. HUNSINGER-Okay. Then I'll close the public hearing. PUBLIC HEARING CLOSED MR. HUNSINGER-Members comfortable moving forward? They did submit a Long Form. MRS. STEFFAN-Will the proposed action result in a physical change to the project site? MR. HUNSINGER-Yes. MRS. STEFFAN-Any construction on slopes of 15% or greater, or where the general slopes on the project exceed 10%. MR. TRAVER-No. 4 (Queensbury Planning Board 02/19/09) MRS. STEFFAN-So I think we're okay with that. Will there be an effect to any unique or unusual land forms found on the site? MR. HUNSINGER-No. MRS. STEFFAN-Will the proposed action affect any water body designated as protected? MR. HUNSINGER-No. MR. TRAVER-No. MRS. STEFFAN-Will the proposed action affect any non-protected existing or new body of water? MR. HUNSINGER-No. MR. TRAVER-No. MRS. STEFFAN-Will the proposed action affect surface or groundwater quality or quantity? MR. HUNSINGER-No. MR. TRAVER-No. MRS. STEFFAN-Will the proposed action alter drainage flow or patterns, or surface water runoff? MR. HUNSINGER-No. MR. TRAVER-No. MRS. STEFFAN-Will the proposed action affect air quality? MR. HUNSINGER-No. MR. TRAVER-No. MRS. STEFFAN-Will the proposed action affect any threatened or endangered species? MR. HUNSINGER-No. MR. TRAVER-No. MRS. STEFFAN-Will the proposed action substantially affect non-threatened or non- endangered species? MR. HUNSINGER-No. MR. TRAVER-No. MRS. STEFFAN-Will the proposed action affect agricultural land resources? MR. HUNSINGER-No. MR. TRAVER-No. MRS. STEFFAN-Will the proposed action affect aesthetic resources? MR. HUNSINGER-No. MR. SCHONEWOLF-No. MRS. STEFFAN-Will the proposed action impact any site or structure of historic, pre- historic or paleontological importance? MR. HUNSINGER-No. 5 (Queensbury Planning Board 02/19/09) MR. TRAVER-No. MRS. STEFFAN-Will the proposed action affect the quantity or quality of existing or future open spaces or recreational opportunities? MR. HUNSINGER-No. MR. TRAVER-No. MRS. STEFFAN-Will the proposed action impact the exceptional or unique characteristics of a critical environmental area? MR. HUNSINGER-No. MR. TRAVER-No. MRS. STEFFAN-Will there be an effect to existing transportation systems? MR. HUNSINGER-No. MRS. STEFFAN-Will proposed action affect the community's sources of fuel or energy supply? MR. HUNSINGER-No. MRS. STEFFAN-Will there be objectionable odors, noise, or vibration as a result of the proposed action? MR. HUNSINGER-No. MR. SCHONEWOLF-No. MRS. STEFFAN-Will the proposed action affect public health and safety? MR. HUNSINGER-No. MR. SCHONEWOLF-No. MRS. STEFFAN-Will the proposed action affect the character of the existing community? MR. HUNSINGER-No. MR. SCHONEWOLF-No. MRS. STEFFAN-And is there, or is there likely to be, public controversy related to potential adverse environmental impacts? MR. HUNSINGER-No. MR. SCHONEWOLF-No. MRS. STEFFAN-Then I'll make a motion for a Negative SEQRA declaration. RESOLUTION WHEN DETERMINATION OF NO SIGNIFICANCE IS MADE RESOLUTION NO. 5-2008, Introduced by Gretchen Steffan who moved for its adoption, seconded by Paul Schonewolf: WHEREAS, there is presently before the Planning Board an application for: DARIUS JACKOWSKI, 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. 6 (Queensbury Planning Board 02/19/09) 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. Duly adopted this 19t" day of, February, 2009, by the following vote: AYES: Mr. Traver, Mr. Krebs, Mr. Schonewolf, Mrs. Steffan, Mr. Hunsinger NOES: NONE ABSENT: Mr. Ford, Mr. Seguljic MR. HUNSINGER-Okay. Ready with a motion. We have to do Preliminary first. MOTION TO APPROVE PRELIMINARY STAGE SUBDIVISION NO. 5-2008 DARIUS JACKOWSKI, Introduced by Gretchen Steffan who moved for its adoption, seconded by Donald Krebs: A subdivision application has been made to the Queensbury Planning Board for the following; Applicant proposes subdivision of a 6+ acre parcel into two lots of 3.0 acres each. Subdivision of land requires Planning Board review and approval. 2. A public hearing was scheduled and held on 12/16/08 & 2/19/09; and 3. This application is supported with all documentation, public comment and application material in the file of record; and 4. MOTION TO APPROVE PRELIMINARY STAGE SUBDIVISION NO. 5-2008 DARIUSZ JACKOWSKI, Introduced by Gretchen Steffan who moved for its adoption, seconded by Donald Krebs: According to the resolution prepared by Staff. Paragraph Four A complies. Paragraph Four B, Negative Declaration. Paragraph Four E does not apply. Paragraph Four F does not apply. a 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 b. The requirements of the State Environmental Quality Review Act have been considered and the Planning Board has adopted a SEQRA Negative Declaration; c. 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. The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work. Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution; and 7 (Queensbury Planning Board 02/19/09) d. 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 e. NOT APPLICABLE ~ ; NOT APPLICABLE Duly adopted this 19t" day of February, 2009, by the following vote: AYES: Mr. Traver, Mr. Schonewolf, Mrs. Steffan, Mr. Krebs, Mr. Hunsinger NOES: NONE ABSENT: Mr. Ford, Mr. Seguljic MR. HUNSINGER-Okay. Now a motion for Final Stage. MOTION TO APPROVE FINAL STAGE SUBDIVISION NO. 5-2008 DARIUS JACKOWSKI, Introduced by Gretchen Steffan who moved for its adoption, seconded by Stephen Traver: A subdivision application has been made to the Queensbury Planning Board for the following; Applicant proposes subdivision of a 6+ acre parcel into two lots of 3.0 acres each. Subdivision of land requires Planning Board review and approval. 2. A public hearing was scheduled and held on 12/16/08 & 2/19/09; and 3. This application is supported with all documentation, public comment and application material in the file of record; and 4. MOTION TO APPROVE FINAL STAGE SUBDIVISION NO. 5-2008 DARIUS JACKOWSKI, Introduced by Gretchen Steffan who moved for its adoption, seconded by Stephen Traver: According to the resolution prepared by Staff. Paragraph Four A complies. Paragraph Four B, Negative. Paragraph Four E and F do not apply. This is approved with the following conditions: a 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 b. The requirements of the State Environmental Quality Review Act have been considered and the Planning Board has adopted a SEQRA Negative Declaration; c. 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. The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work. Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution; and d. 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 e. NOT APPLICABLE ~ ; NOT APPLICABLE g. That the applicant will satisfy some of the conditions in the Staff Notes which include Pond B noted on the plan, but Pond A is not noted and should be added to the plan. 8 (Queensbury Planning Board 02/19/09) h. That the application should be classified as a Major Stormwater project as per 147-8, Design Requirements, per 147-8. Design Requirements per 147-9 should be followed for development of both of the lots. That the applicant removes the D Box notation on Lot One B near Test Pit Number Two. That the driveway design must be submitted when the first lot is developed for Site Plan Review. Duly adopted this 19t" day of February, 2009, by the following vote: AYES: Mr. Krebs, Mr. Schonewolf, Mrs. Steffan, Mr. Traver, Mr. Hunsinger NOES: NONE ABSENT: Mr. Ford, Mr. Seguljic MR. HUNSINGER-You're all set. MR. JACKOWSKI-Thank you. MR. HUNSINGER-I guess the one question I have is, do you want your elevation drawings back, because I assume you'll want to re-submit them with Site Plan Review. MR. JACKOWSKI-If you don't need them. Right. MR. HUNSINGER-We certainly don't need them. Because you'll need to resubmit these with Site Plan. MR. JACKOWSKI-Thank you. MR. D. JACKOWSKI-Thank you. MR. HUNSINGER-Good luck. SUBDIVISION NO. 12-2007 MODIFICATION #1 SEAR TYPE UNLISTED CHRISTINE GERMAINE AGENT(S) NACE ENGINEERING OWNER(S) C. GERMAINE/D. BEATRICE ZONING SR-20 LOCATION 709 SHERMAN AVENUE APPLICANT PROPOSES MODIFICATION OF AN APPROVED SUBDIVISION TO DECREASE LOT 8 AND INCREASE LOTS 9 AND 10. MODIFICATIONS TO APPROVED SUBDIVISIONS REQUIRE REVIEW AND APPROVAL BY THE PLANNING BOARD. CROSS REFERENCE FINAL APPROVAL 6/24/08 WARREN CO. PLANNING N/A LOT SIZE 8.68 +/- ACRES TAX MAP NO. 301.18-2-34 SECTION A-183 MATT STEVES, REPRESENTING APPLICANT, PRESENT MR. HUNSINGER-Whenever you're ready, Keith. MR. OBORNE-Subdivision 12-2007, Modification, Christine Germaine. Requested Action: Modification to approved subdivisions require Planning Board review and approval. The location is at 709 Sherman Avenue. The existing zoning is SR-20, or Suburban Residential, Unlisted Action. This is SEQRA determination is required. Final subdivision approval was back on June 24t" for the Board's information. They may remember this. Project Description: Applicant proposes modification of an approved subdivision in order to change the size of three of the 10 approved lots. Lots Eight, Nine, and Ten will change as follows. Lot Number Eight: The existing approved acreage is 1.03 acres, the proposed acreage change is 3.54. Lot Nine, existing acreage 3.10 acres, proposed acreage, 0.92 acres. Lot Ten, 1.14 acres, proposed acreage 0.82 acres. The proposed change to the approved subdivision will not create any nonconforming lots. The applicant wishes to increase the size of Lot Eight in order to build and occupy a single family residence. No changes to the frontages on Sherman Avenue are anticipated. This application was approved by the Planning Board on June 24, 2008, with the condition that VISION Engineering signoff be contained in the file. To date, no signoff has been given. This condition should be carried over to this approval to this proposed modification, with the applicant's understanding that this condition be met prior to final signoff by the Planning Board Chairman, and what that one issue is, and I have 9 (Queensbury Planning Board 02/19/09) that, too, is that Lot 10 needed to have deep hole tests, I believe, and it just was not stated on the. MR. STEVES-On his letter of May 23, 2008, it says completed at the bottom of that comment. MR. OBORNE-I know, but now you're updating the plan, and it's not on the plan. That's my issue. MR. STEVES-On the new plan. MR. OBORNE-I meant to call you today and I apologize. MR. STEVES-Not a problem. MRS. STEFFAN-So, Keith, what you're saying is Lot 10 needs a deep? MR. OBORNE-The approval, back in June, required that it have a deep test hole because of the presence of high groundwater in the area. With the new change in the lot line adjustments, again, it's still a compliant neighborhood or it's still a compliant subdivision. I was looking for that notation on the new survey. That's it. MR. HUNSINGER-Okay. MRS. STEFFAN-Okay. MR. HUNSINGER-Good evening. MR. STEVES-Good evening. Matt Steves, representing Christine Germaine on the application. As far as the Staff comments, no problems. We'll put that note on the revised map. The reason for the revision, again, no significant change. If you've looked at the maps, Germaine currently owns and occupies the house that is on Lot Nine. They were going to stay in there and make some modifications. They have decided to build a new house in the back and they wanted, they retained that acreage with the original house. Now they want to retain it with their new house that they're going to build. So that's the reason for the lot line adjustment, per se, between the three lots. MR. HUNSINGER-Okay. MR. STEVES-That's the only reason. MR. HUNSINGER-I found the maps really helpful, you know, to be able to compare what was approved versus what was proposed. MR. STEVES-We think it's easier than putting a lot of lines on one map and trying to decipher between them. MR. HUNSINGER-Okay. Questions, comments from the Board? MR. TRAVER-It seems fairly straightforward. MR. HUNSINGER-Yes, I thought so, too. MRS. STEFFAN-When I saw this item on the agenda, again, I thought, this item has been on so many times. We've looked at it so many times. MR. HUNSINGER-Okay. No comments, concerns. MRS. STEFFAN-I certainly don't think we need to re-visit SEQRA on this for a lot line adjustment. MR. HUNSINGER-No, I don't think so, either. MRS. STEFFAN-Okay. So there's just two conditions. MR. HUNSINGER-So the only issue on the signoff from VISION Engineering is that notation on Lot 10. 10 (Queensbury Planning Board 02/19/09) MRS. STEFFAN-But it's actually two separate things. The notation has to be on the plan, but VISION Engineering actually has to, the applicant has to obtain the signoff. MR. OBORNE-No, he's already gotten the signoff for the lot. I'm not concerned about that. MRS. KREBS-Just the notation. MR. OBORNE-Just the notation. MRS. STEFFAN-Okay. MR. OBORNE-It's that easy. MRS. STEFFAN-Okay. MR. OBORNE-This is a SEQRA Unlisted, because it is a change to the subdivision, so you'll need to do a Short Form. MRS. STEFFAN-I thought we could consider it and not have to do it. MR. OBORNE-If you want to just reaffirm the SEQRA findings, that's fine, through a resolution, that would work. MR. HUNSINGER-Okay. We do have a public hearing scheduled. Is there anyone in the audience that wishes to address the Board on this application? PUBLIC HEARING OPENED MR. HUNSINGER-Okay. I will open the public hearing and, seeing there are no takers, written comments? MR. OBORNE-No, sir. MR. HUNSINGER-Okay. Since there are no comments, I will close the public hearing. PUBLIC HEARING CLOSED MR. HUNSINGER-Now we can move forward with the resolution. MRS. STEFFAN-All right. MOTION TO APPROVE MODIFICATION #1 SUBDIVISION NO. 12-2007 CHRISTINE GERMAINE, Introduced by Gretchen Steffan who moved for its adoption, seconded by Stephen Traver: 1. WHEREAS, A subdivision application has been made to the Queensbury Planning Board for the following: Applicant proposes modification of an approved subdivision to decrease Lot 8 and increase Lots 9 and 10. Modifications to approved subdivisions require review and approval by the Planning Board 2. WHEREAS, A public hearing has been scheduled for 2/19/09; 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 with the requirements as stated in the Zoning Code; and 5. WHEREAS, The requirements of the State Environmental Quality Review Act have been considered and the proposed modification[s] does not result in any new or significantly different environmental impacts, therefore, no further SEQRA review is necessary; and 6. MOTION TO APPROVE MODIFICATION #1 SUBDIVISION NO. 12-2007 CHRISTINE GERMAINE, Introduced by Gretchen Steffan who moved for its adoption, seconded by Stephen Traver: 11 (Queensbury Planning Board 02/19/09) According to the resolution prepared by Staff. Paragraph Four complies. Paragraph Five, we have considered the SEQRA implications and have opted not to open SEQRA again. This is approved with the following conditions: a) 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. The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work. Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution; and b) The applicant will provide as-built developed according to the approved occupancy; and plans to certify that the subdivision is plans prior to issuance of the certificate of c) If applicable, Item b to be combined with a letter of credit; and d) The Sanitary Sewer connection plan must be submitted to the Wastewater Department for its review, approval, permitting and inspection; and e) All previous conditions of approval apply. f) That there needs to be a notation on the plan that Lot 10 needs to have deep test holes. Duly adopted this 19t" day of February, 2009, by the following vote: AYES: Mr. Schonewolf, Mr. Krebs, Mrs. Steffan, Mr. Traver, Mr. Hunsinger NOES: NONE ABSENT: Mr. Ford, Mr. Seguljic MR. STEVES-Thank you. MR. HUNSINGER-You're all set. Thanks. SUBDIVISION 5-1968 MODIFICATION #1 SEAR TYPE UNLISTED KATHLEEN DALY AGENT(S) KIMBERLY M. WELLS OWNER(S) SAME ZONING SFR-1A LOCATION HUMMINGBIRD LANE & WHIPOORWILL DRIVE APPLICANT PROPOSES A LOT LINE ADJUSTMENT BETWEEN 295.14-1-85 AND 86 TO SWAP 1,328 SQUARE FEET IN ORDER TO ALLOW CONSTRUCTION OF A SINGLE FAMILY RESIDENCE IN A COMPLIANT LOCATION. SUBDIVISION MODIFICATIONS REQUIRE PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE WOODLAWN PARK SECT. II WARREN CO. PLANNING N/A LOT SIZE 0.24 ACRES; 0.43 ACRES TAX MAP NO. 295.14-1-85, 86 SECTION A-183 KIMBERLY WELLS, REPRESENTING APPLICANT, PRESENT MR. HUNSINGER-Whenever you're ready, Keith. MR. OBORNE-Subdivision 5-1968, Modification, Applicant, Kathleen Daly, Requested Action, subdivision modifications require Planning Board review and approval. Location is Hummingbird Lane and Whippoorwill Drive. Existing zoning is SFR-1A . The SEQRA status is Unlisted. Project Description. Applicant proposes a lot line adjustment between Lot 47 and Lot 28. The proposal calls for an even swap of 1328 square feet between the two lots. The purpose of this proposal is to allow for construction of a single family residence in a compliant location. The owners of both properties, Kathleen Daly, has advised Staff in written form that this application meets with her approval, and there's just one little issue on a typo, and that's about it. MR. HUNSINGER-Okay. Thank you. Good evening. MS. WELLS-Good evening. MR. HUNSINGER-If you could identify yourself for the record. MS. WELLS-I'm Attorney Kimberly Wells, here representing Kathleen Daly. 12 (Queensbury Planning Board 02/19/09) MR. HUNSINGER-Okay. MS. WELLS-And then we also have Attorney Michael O'Connor who's an interested party in this as well. MR. HUNSINGER-Okay. Did you have anything further to add. MS. WELLS-No. Like he said, the purpose of this is that my client wants to do a lot line adjustment, switching two equal parcels in the amount of 1328 square feet, and she owns both lots. They're two separate lots. Other than that, no. MR. HUNSINGER-Okay. Questions, comments from the Board? MR. TRAVER-Seems fairly straightforward to me. MR. KREBS-Yes. MR. SCHONEWOLF-I can understand that. MICHAEL O'CONNOR MR. O'CONNOR-I won't confuse you, then. I've got all the maps, the history. I've got a septic layout. MR. HUNSINGER-Well, then let me ask the one question I was going to ask Staff. There's an inconsistency in the materials. Was it a 1968 or 1998 subdivision? MR. OBORNE-1968, yes. MR. HUNSINGER-Okay. MR. OBORNE-I made a typo also. MR. HUNSINGER-Okay. Yes. I think this might be one of the oldest subdivision modifications that I've seen. MR. OBORNE-Just to keep in mind, for clarity, that this is an approved subdivision. This is an approved lot. The layout of the lot is such that it would be nearly impossible to get a house on the lot without going to the ZBA for setback approval. MR. HUNSINGER-Yes, it was pretty obvious, looking at that. MR. OBORNE-It is a small lot, however. MR. HUNSINGER-Yes. Okay. MR. O'CONNOR-The actual subdivision map is dated May 26, 1967. At that time I think the only approval required was the Health Department approval, and that was dated June 16, 1967, and that created Lots 47 and 48, and then later, Lot 48 was partially divided, and that was by Planning Board action. When they created another lot or another subdivision behind this subdivision, they used a 50 foot strip off of Lot 48 to access that. That was done, map of the proposed subdivision Mountain View Estates, 1974, and that was by the Health Department, and I believe also by the Planning Board. MR. TRAVER-See, you've got that historical information after all, Mike. MR. O'CONNOR-Well, my point, and these, the other thing I will show you, which I think you are already aware of, and Keith has said, you have two existing lots right now. It's a matter of adjusting the property line between the two of them. They both have their own separate tax map. They both are assessed separately. They're shown on the tax map as two different parcels. So you have two lots going into this. You're going to have two lots coming out of it. The two lots coming out of it are going to be a little bit different in shape. MR. TRAVER-Right. 13 (Queensbury Planning Board 02/19/09) MR. HUNSINGER-Okay. All right. Any other questions, comments from the Board? Okay. We do have a public hearing scheduled. Is there anyone in the audience that wanted to address the Board on this application? PUBLIC HEARING OPENED MR. HUNSINGER-We do have one. You can come up, sir, and if you could identify yourself for the record and speak into the microphone, please. BILL EICHLER MR. EICHLER-My name is Bill Eichler. I live on Hummingbird. We have a petition here from most all the residents on Hummingbird, that we do not want this to transpire. The lot is much too small for the building lot. It is not consistent at all with our development. The lot there, the size they're talking about, is the equivalent of my backyard. All the rest of the lots in there are significantly larger. I can read this if you'd like. MR. HUNSINGER-Sure, that would be helpful. MR. EICHLER-"We, the undersigned residents of Hummingbird Lane oppose variance tax # 295.14-1-85, 86. As proposed, the house that would be built on this lot would be markedly smaller than all of the existing structures. The surrounding yard would also be less than half the size of the existing yards. The average lot sizes range from 16,483 square feet to 25,332 square feet. This lot would be 9,500 square feet. We feel this would be detrimental to our property values and would not conform in the least with the existing neighborhood." MR. TRAVER-Excuse me, sir. In that petition, did I hear correctly that this was referred to as a variance? I believe it was in the first sentence, when you quoted the. MR. EICHLER-I may not have the exact phraseology that came off of the notice we received in the mail. MR. TRAVER-Okay. Just so you're aware, it's a modification. If I heard correctly, they're not requesting a variance, it's a modification. MR. EICHLER-Okay. MR. HUNSINGER-This didn't go to the Zoning Board, did it? MR. OBORNE-No. MR. EICHLER-No, it is listed as a modification, but I can include this with the cover letter, if you so desire, so they match up. MR. HUNSINGER-Okay. That would be great. MR. EICHLER-It's not going to benefit our neighborhood by taking and putting something that miniscule when, as I say, my backyard is the same size, if not larger, than this parcel you want to put a house on. MR. HUNSINGER-Okay. Thank you. MRS. STEFFAN-And this is also the entrance to the development? MR. EICHLER-Yes, ma'am. It would be the first house as you come in. MR. HUNSINGER-If you could give that to Keith, and it'll be in the record. MR. EICHLER-I most certainly will. MR. KREBS-Keith, they're still both one acre lots, right, even after the modification? MR. OBORNE-No, there's no need for them to be one acre. It's apre-approved existing subdivision. MR. KREBS-Pre-approved. Okay. MR. EICHLER-Yes, because it's not one acre. It's not even a quarter acre. 14 (Queensbury Planning Board 02/19/09) MR. OBORNE-There's very few lots in there that are one acre. MR. EICHLER-Thank you. MR. HUNSINGER-Yes. Thank you. Is there anyone else? MIKE SYLVIA MR. SYLVIA-My name is Mike Sylvia. I'm a resident of Hummingbird Lane, and I, too, would prefer not to see this transaction proceed or transpire, and the reason I don't is, in keeping with Mr. Eichler's comments, it's certainly not in keeping with the balance of the homes in the neighborhood. I've been there for 12 years, and, quite candidly, if I wanted to live that close to my neighbors, I would have bought a home in the City of Glens Falls. I realize it's an older development, and I realize that there are standards in place for older developments that perhaps make this a bit easier to put through the process than would be in place for today. That being said, I'm not injecting any personality into this argument. I spoke to this Board, I believe, about a year and a half ago when Mr. Clute came before you and proposed basically the same action on Bennett Road which was behind my house, and I said at that time that the character of our neighborhood is slowly being eroded, and it's being eroded by these very, very small lots being populated by homes. The trees are coming down. The character of the neighborhood is going away. Mrs. Daly's been a tremendously good neighbor for a good number of years, and I want to make it clear that this is not a personal bias whatsoever, but at the same time, her life has changed and she's moving on and the balance of the neighborhood is there to stay. I have small children in the school district. We bought our home there for many reasons, and one of them was the character of it, the utilities are underground. There's trees, there's space between the homes. It's a nice place to be. I don't think that a lot size, half the size of everybody, my lot's .41 acres. I don't think that a home on a two tenths of an acre lot at the entrance of our development is in anybody's best interest. I really don't. I know Mrs. Daly's primary residence is also for sale. I mean, that whole corner is going to turn over, and we're still here. My secondary concern is that there are other homes in the neighborhood that have a small, spare lot, and if this is the way it's going to go, then we're going to have another two, or perhaps three homes in our development that, once again, to my mind, wasn't part of the deal when I moved in. So, I would encourage the Board to consider the fact that there's value to the residents that in the green space, in the relative privacy that we have from the other development on the way in. It separates us quite nicely from Whippoorwill. We have a nice neighborhood there, and to take all the trees down and put up yet another house, pigeon-holed in on the corner, to me, doesn't do anybody any good, and the last thing I would say is that the neighbor adjacent to the parcel, Mr. Bennett, is out of town. He's been out of town for quite some time. He's unaware of the proceedings that are happening right now, and I'm certain that he would have quite a bit to say on the matter as well. He's a longstanding member of the neighborhood and I believe was around when the whole thing was put together and had some stake in that lot at some point, or at least tried to at some point. So, that's it. I would hope that those comments carry some weight, and that at some point in time the character of our neighborhoods bears a little bit of weight in the decision-making process. That's it. Thank you. MR. HUNSINGER-Thank you. MRS. STEFFAN-Thank you. MR. HUNSINGER-Anyone else? JOANNE MC DONOUGH MRS. MC DONOUGH-Hi. My name is Joanne McDonough and I live at 4 Hummingbird Lane, which is diagonal from the proposed tear down of trees. We bought the house two years ago. We happened to buy it next to my sister and brother-in-law, and it's a nice little small area, quite, peaceful. We have a nice piece of property. It's not huge. It's not the biggest piece of property, but it's ours. You're not putting houses on top of houses, and he's right. I could have bought a house in Glens Falls but I love Queensbury. I moved back to New York to Queensbury to raise my family, and I've seen a lot of construction done in this Town. I was gone for nine years, and a lot of trees have come down, a lot of houses being built on top of houses, even in my old neighborhood. I just don't want to see anymore trees coming down and houses being built on top of houses. I don't want to be looking out my bedroom window to look in my neighbor's window, and that's all I have to say. 15 (Queensbury Planning Board 02/19/09) MR. HUNSINGER-Okay. Thank you. Anyone else? Yes, sir. NEIL LAVIGNE MR. LAVIGNE-My name is Neil Lavigne. I live on Mountain View Lane. I've been there for over 30 years. As far as this parcel of land turn around, I bought my land off of Charlie Tissinger, which is the developer of this, in '68. I purchased my land, I believe, in the mid-70's. I built in 77, at 1 Mountain View Lane. I knew Charlie. I see a good share of these houses go up. This particular lot here, which they're trying to get a waiver, I guess? MR. HUNSINGER-Well, they're trying to adjust the lot line. MR. LAVIGNE-Charlie Tissinger is no longer with us, the original developer, but his son, turn around, this particular lot turn around is a misfit lot because of the 50 foot right of way for the land that's back on Hummingbird and Robin Lane. Mike Woodbury, Woodbury's, built those houses. Charlie built the house, had the houses built on Hummingbird Lane. This particular lot was 50 feet, the depth from what you call the road today was taken off so that Woodbury's could build on the back side over there. This is a nonconforming lot, in my opinion. The next question, you go over to West Mountain Road, there's 55 acres, or 48 acres of land across from there. That is zoned SFR-1, future lots within the Town of Queensbury. You get back over here on the back side of Shallow Creek Road, Mr. Don Kruger built houses on similar sized lots over there. The back yard, you step out the back door, and you're in the next man's backyard. This is, as far as the so called 9,000 square foot of that lot, should be a nonconforming lot in my opinion. Thank you very much. MR. HUNSINGER-Thank you. Anyone else? Okay. Were there any written comments, Keith? MR. OBORNE-No, sir. MR. HUNSINGER-Okay. Did you have any responses to some of the concerns from the neighbors? MS. WELLS-Well, we would just like to reiterate that what we're asking today is that the lot line be adjusted. As we said, indicated before, it's already two existing lots, separate lots, and we intend on keeping them two separate lots. I mean, the lot is the size that it is. We can't do anything about that, and we don't intend on changing the size of the lot. It's going to remain exactly the same as it was. MRS. STEFFAN-But without the lot line adjustment, you wouldn't be able to build a house there. MR. O'CONNOR-That's not necessarily true. It might be a different, smaller house. This lot, or, first of, this is .24 tenths of an acre. It's not one tenth or whatever was said there. This is not a variance, this is simply a lot line adjustment between two existing, pre- existing, nonconforming lots. Both lots are pre-existing, nonconforming. The house that's proposed on this lot is actually bigger than the house that's on Mrs. Daly's property. So the house is as big as many of the houses that are in that neighborhood. The setback is the same from the road. The setback from Hummingbird Lane is 35 feet. The setback from Whippoorwill Road is probably 60 feet, maybe 70 feet. The setback from the Bennett property, which is to the west of this, is 20 feet. Those are all compliant setbacks. They're the same setbacks that the other houses have. I know change is always difficult. Everybody likes to have trees in their neighborhood. Mrs. Daly has had this lot for sale. If the neighborhood wanted to buy it, they probably could buy it, and have it as a treed, corner lot, but nobody has come forward and offered to do that with her. Her property is the property that is probably most impacted by the lot line change. If you take a look at it, it's the back lot of this house, and that's her property. She's the one that's going to be impacted. It's not any of the speakers that are going to be impacted. AUDIENCE MEMBER-But she's selling her other primary house. MR. O'CONNOR-Okay, and she will have to adjust her value in that house, based upon this. She will have to find a ready, willing and able buyer who will buy it with this house, in this location with this proximity. We purposely had the engineer lay out a septic system. I thought if you had planning issue, we would be prepared to answer them, a compliant septic system, no variance is possible on that lot. We have the actual set of 16 (Queensbury Planning Board 02/19/09) building plans for the house that we built there. The house would be approximately 1582 square feet. The impacts, just the fact that you're going to have a vacant lot that's going to be occupied, and the speaker was correct, that if there are other vacant lots that are standalone lots, on a filed subdivision map, either on Hummingbird or on the other street, they very well could be built on in the future. I've got the map. I don't know what your map shows as far as the, does it show the same setbacks, 35 foot setback from the road? MR. HUNSINGER-So is there a specific house that's already been designed for that. MR. O'CONNOR-Yes, there is, right here. MRS. STEFFAN-Keith, do you know when that area was re-zoned? The existing zone says it's Single Family One Acre. MR. OBORNE-It should be on the survey itself. When it was re-zoned, it was back in 2002, is the last re-zoning. Prior to that I believe it was 1996. Do not quote me, but I do know that the last re-zoning was 2002. MR. TRAVER-So this wouldn't be coming back for Site Plan? MR. HUNSINGER-No. MR. OBORNE-Mr. Chairman, I was mistaken as far as public comment. There are two more that were in the file. They were unmarked, and I apologize. MR. HUNSINGER-Okay. MR. OBORNE-And maybe in the spirit of letting their process go forward, at the end of it, if I could read it in. MR. HUNSINGER-Sure. You can read it now. I didn't close the public hearing. So, go ahead. MR. OBORNE-Okay, and I apologize for missing this. This is from Donald and Lisa Lehman. "To whom it may concern, Please accept this letter as comment in the application of Kathleen Daly to change property boundaries to allow subdivision of a piece of property for development, Tax ID # 295.14-1-85, 86 on Whippoorwill Drive. We are unable to attend tomorrow's meeting. Changing property lines would allow this home to be built virtually on top of several other homes. This request is being made by a landowner who is selling her adjacent home, and apparently has lost concern for the aesthetics of the neighborhood and safety of her neighbors. Putting a home here would cause more traffic problems in an area where there are already concerns about speeding drivers and limited visibility on the curves of Whippoorwill Drive. We would ask that this request be denied. The landowner purchased this lot knowing that it was not buildable under town ordinances. The town needs to stop bending the rules for developers. Also, we would request that the board please try to give residents more notice of these proceedings. We received the letter from the town about this request in the mail on Friday, less than a week before the meeting. That leaves little time to arrange schedules, particularly during a holiday week when many people travel. Thank you for your consideration. Donald and Lisa Lehman" And one more, from Jere and Cindy Bennett, 3 Hummingbird Lane, Queensbury, New York. This one was received today. I was not aware of it and I apologize, again. "To whom it may concern, We are long-time residents of Queensbury, and are writing to express our concerns regarding the application for subdivision between 295.14-1-85 and 86 that I scheduled for hearing on February 19, 2009. We are unable to attend the public hearing as we are currently out of town. We are strongly opposed to this subdivision. The irregular shape and proposed increase in lot size does not provide for adequate housing in proportion to the existing homes and will therefore devalue the existing properties in the neighborhood. Sincerely, Jere & Cindy Bennett" And that is all that is in the file. Okay. Thank you. Mr. O'Connor? MR. O'CONNOR-The existing lot, the one comment said something about traffic on a curve. The existing lot actually has frontage of 32 feet, I believe, on Whippoorwill. We're taking that frontage away when we make this lot change. One of the first designs for this was to put a driveway out to Whippoorwill and come out onto Whippoorwill, but when we went through the gyrations of making this lot line change, everything gets switched over to Hummingbird, which is a less traveled road. It actually probably improves traffic, or traffic flow, if there is an issue in that subdivision, which I'm not aware of. Again, we 17 (Queensbury Planning Board 02/19/09) comply with the setbacks. We're in excess of the Town setbacks because we're abiding by the subdivision setbacks which are in excess of what the Town requires. We're having the same setbacks on this house that the other houses in that subdivision have. MRS. STEFFAN-But if it were evaluated under the Single Family Residence One Acre, those setbacks would be different, correct? MR. O'CONNOR-Yes, it would, on every house on that street. MRS. STEFFAN-Yes. MR. O'CONNOR-Not just this house. I mean, part of the Ordinance also says that when you're in apre-existing subdivision, you abide by the setbacks that were in place at the time that the subdivision was created. So, if this were to be, actually, this is in excess of that. MR. TRAVER-So actually this proposed house would have the same, meets the requirements for setbacks as the other houses in this development. The difference, essentially, is that the remaining land, because of the lot size, after you build the house, is smaller. MR. O'CONNOR-Yes. This lot, I think the original lot was, the original lot. MR. KREBS-I thought you were talking equal amounts. MR. O'CONNOR-No, no, no. I'm going to say the original lot was 17,000 square feet. They took a 50 foot strip out of that, which left us with what we have left. After they took that strip out, and they built that road, they downsized the lot, but when we're done here, we're going to have the same size lot that we had before we came and asked for your approval. We're not changing. MR. TRAVER-You're just adjusting the boundary line. MR. O'CONNOR-It's square foot for square foot. We're taking out. MR. KREBS-1328. MR. O'CONNOR-1328 from one, and putting 1328 back in. So it's identical. MRS. STEFFAN-And where would the leach field and septic go, in that spot? MR. O'CONNOR-I apologize, because I thought that that might be a planning issue, so I had them do that today, or yesterday I think they did it. There's the leach field, three 50 foot runs. I've got another copy I can show you, make that part of the file. Why don't you keep that copy. MRS. STEFFAN-Where is the septic on the existing parcel that's got the two story structure? KATHLEEN DALY MRS. DALY-It's directly in front of my front door. MR. O'CONNOR-It's in front of her front door, she said. MR. HUNSINGER-Okay. MRS. STEFFAN-Okay. So there's sufficient distance between that septic and leach field and the proposed septic and leach field. MR. O'CONNOR-I don't know that this is a requirement between septics. There's a separation requirement between septic and water, but this is Town water. So the only septic separation distance, I think, is from a stream, water body, or from a property line. MR. SCHONEWOLF-Or a well. MR. OBORNE-Or from a foundation also. MR. O'CONNOR-Or from a foundation, and a well. 18 (Queensbury Planning Board 02/19/09) MR. OBORNE-And a well, right. MRS. STEFFAN-I didn't realize there was Town water. MR. O'CONNOR-This is Town water. MR. KREBS-It's similar to what we just approved. MR. SCHONEWOLF-I don't have a problem with it. MR. HUNSINGER-Any additional comments? I mean, I think that the dilemma for the Board is, as you have pointed out. You have an existing lot. You could go and pull a building permit tomorrow and start building a house there, and what you're asking us to do is simply adjust the lot line. We're not adding the ability to build a house that isn't already there. MR. O'CONNOR-We think we've presented a better house, with less impact on the neighborhood with this design and with this lot configuration. I represent the fellow who's buying the lot, truthfully. That's my assistance. We want a lot that's going to sell. MR. HUNSINGER-Anything else from the Board? MR. TRAVER-No, I think you've framed it exactly, that's our situation. MRS. STEFFAN-Are there any setback issues, other than the fence that's in the back yard? There's a chain link fence in the backyard of the existing lot. Are there any requirements? MR. OBORNE-No, you can run it up to the property line. MRS. STEFFAN-You can? MR. OBORNE-Yes. MR. HUNSINGER-I have a chain link fence that's pretty close to my property line. Okay. What's the will of the Board? MR. KREBS-I'd like to move that we approve the extension. MR. HUNSINGER-Okay. This is an Unlisted action. So we can, I guess it would be a Short Form? MR. OBORNE-Make sure you close the public hearing. MR. HUNSINGER-Yes. Okay. I'll close the public hearing. PUBLIC HEARING CLOSED MR. HUNSINGER-Do we need to do SEQRA, or do we just consider SEQRA in the resolution, as we did the last one? MR. OBORNE-Sure, that's fine. MRS. STEFFAN-Can someone else do the motion, please? MR. TRAVER-Sure. MOTION TO APPROVE MODIFICATION #1 SUBDIVISION NO. 5-1968 KATHLEEN DALY, Introduced by Stephen Traver who moved for its adoption, seconded by Paul Schonewolf: 1. WHEREAS, A subdivision application has been made to the Queensbury Planning Board for the following: Applicant proposes a lot line adjustment between 295.14-1-85 and 86 to swap 1,328 square feet in order to allow construction of a single family residence in a compliant location. Subdivision modifications require Planning Board review and approval 2. WHEREAS, A public hearing has been scheduled for 2/19/09; and 19 (Queensbury Planning Board 02/19/09) 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 with the requirements as stated in the Zoning Code; and 5. WHEREAS, The requirements of the State Environmental Quality Review Act have been considered and the proposed modification[s] does not result in any new or significantly different environmental impacts, therefore, no further SEQRA review is necessary; and 6. MOTION TO APPROVE MODIFICATION #1 SUBDIVISION NO. 5-1968 KATHLEEN DALY, Introduced by Stephen Traver who moved for its adoption, seconded by Paul Schonewolf: According to the resolution prepared by Staff. Number Four complies. Number Five, that there are no modifications requiring SEQRA be reconsidered, affirming the SEQRA resolution that has already been made, and approved with the following conditions: a) 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. The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work. Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution; and b) 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 c) If applicable, Item 7 to be combined with a letter of credit; and d) The Sanitary Sewer connection plan must be submitted to the Wastewater Department for its review, approval, permitting and inspection; and e) All previous conditions of approval apply Duly adopted this 19t" day of February, 2009, by the following vote: AYES: Mr. Krebs, Mr. Schonewolf, Mr. Traver, Mr. Hunsinger NOES: Mrs. Steffan ABSENT: Mr. Ford, Mr. Seguljic MR. HUNSINGER-You're all set. MR. O'CONNOR-Thank you. I'd like to get back the plans, but I'll leave that septic, do you want that septic map there? MR. OBORNE-I have no need for it. MR. HUNSINGER-No need for it? Okay. MR. O'CONNOR-Are you going to discuss the Lake George Park Commission stream corridor proposal? MR. HUNSINGER-We got notices that I was going to announce, but I don't, other than that. MR. SCHONEWOLF-The Town Board has to act on that, right? MR. O'CONNOR-The Planning Board's in other towns have acted on that. 20 (Queensbury Planning Board 02/19/09) MR. SCHONEWOLF-That's right. It was the Planning Board's in Bolton, Lake George, and Hague. MR. HUNSINGER-Yes. If you want to stick around, we have two items left. SUBDIVISION NO. 1-2009 SKETCH PLAN REVIEW SEAR TYPE N/A ROBERT GRAY AGENT(S) VAN DUSEN &STEVES OWNER(S) SAME ZONING RR-3A LOCATION WEST SIDE OF BAY ROAD APPLICANT PROPOSES SUBDIVISION OF AN 11.56 +/- ACRE PARCEL INTO TWO LOTS OF 3.18 AND 8.38 ACRES. SUBDIVISION OF LAND REQUIRES PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE BP 829 WARREN COUNTY PLANNING N/A APA, DEC, ACOE, OTHER L G CEA LOT SIZE 11.56 +/- ACRES TAX MAP NO. 265.-1-21 SECTION A-183 MATT STEVES, REPRESENTING APPLICANT, PRESENT MR. OBORNE-Subdivision 1-2009, Sketch Plan, Robert Gray, Subdivision of land require Planning Board review and approval. Location is on the west side of Bay Road. In fact, it's directly across the street from Jackowski, for visual purposes, and Fedorowicz. Parcel History, two car attached garage. SEQRA Status, not applicable at Sketch Plan. Applicant proposes subdivision of an 11.56 plus or minus acre parcel into two lots of 3.18 acres and 8.38 acres. Density calculations work out. There's a few little issues that I'm sure can be resolved. MR. HUNSINGER-Okay. Good evening. MR. STEVES-Good evening. Matt Steves, again, representing the applicant, Robert Gray. Again, this is property located on the west side of Bay Road, approximately 11 and a half acres. Mr. Gray wants to be able to subdivide this into two compliant lots. Lot One would contain his existing home with 3.18 acres, and Lot Two, proposed house with 8.38 acres. We did do full two foot contours on the entire property prior to coming in for conceptual, so that we could prove the density calcs, that we didn't have to go through that at Preliminary, and so we understood that that may be an issue. We have denoted, on the map, by shading, that are over the slope requirement, and you deduct those, and you end up with 3.55 acres of slopes that would be usable in that zone, and you need three acres. So they are both compliant lots. As far as the Staff comments, we have no problems with any of their comments. The existing driveway they're talking about, the only one they have is, the approximate percentage of slope they have is 12, it's like 11.53. It's an existing asphalt drive. So, it's, you know, we could try to see if we could re-grade that a little bit, for that slight amount, and they're going to share the existing driveway so there's not going to be any new curb cuts, and it has been a suitable driveway for Mr. Gray for quite a few years, and we can look at that. I don't think it's a sticking point for us. It works very well it is. We will provide a turn around at the top, but we can review that at Preliminary. We can see if there's some changes we can make near the top. We would hate to tear the whole driveway out to try to accomplish one percentage point, as far as slope. MR. TRAVER-And basically you'd be extending the upper part of that up to where the new proposed? MR. STEVES-That's correct. If you took the overall length from Bay Road to the new house, and divided the slope by the length, we would be at that percent, but that would be the average of the entire driveway, but the existing driveway, Staff is actually correct, is just over 11 %. MR. HUNSINGER-Wow. You can tell is, Steve, when you see the topography on the Site Plan. MR. STEVES-I know I have about a 15% driveway. MR. HUNSINGER-Do you really? MR. STEVES-Yes, I do. MR. HUNSINGER-Wow. MR. HUNSINGER-I hope you have four wheel drive, right? MR. STEVES-Yes. Not always, usually just front wheel drive. There's not a problem. 21 (Queensbury Planning Board 02/19/09) MR. HUNSINGER-Wow. MR. STEVES-Make sure it's paved. That's all. MR. SCHONEWOLF-How far is it back to the proposed house? MR. STEVES-To the proposed house from Bay Road? MR. SCHONEWOLF-Yes, the driveway, because he's going to put it on a right, he's not going all the way to the house with the driveway, right? MR. STEVES-No, he's going to go to the left, to get up the existing trail. So off the existing driveway, the proposed new driveway would only be about 110 feet long. MR. SCHONEWOLF-Okay. MR. STEVES-The extension, I should say, of the existing driveway. MR. SCHONEWOLF-But he's going to go up the left side, where he's got that, to the left of the existing septic? MR. STEVES-That existing trail there. That's correct. MRS. STEFFAN-So the driveway will be about 500 feet. MR. STEVES-Correct. We could peel off and make a "Y" right there where his existing driveway widens out and stay below the house. I mean, there's a couple of different options. It really is going to depend on the type of house that he constructs up there. He hasn't decided what he wants to do at that point. MR. HUNSINGER-So what's marked as a trail, that's already there? MR. STEVES-That's correct. MR. HUNSINGER-What was its use? Was it a logging trail or something? MR. STEVES-I really couldn't tell you. MR. HUNSINGER-Okay. MR. OBORNE-I'm sure it was a farming road for grazing or something. MR. STEVES-I think it was a farming. It's been there a long time. It's not like a logging road that has been recently bare in like the last 10, 20 years. It's been there a long time. MR. TRAVER-There must be quite a view from up there, I would think. MR. STEVES-Yes. MRS. STEFFAN-It depends on if you take the trees down or not. MR. HUNSINGER-So the clearance for the house, that's not an existing clearance, is it? MR. STEVES-No, that's a proposed clearing. There is some, a little clearing up there. We are proposing to just enlarge it, and keep the buffer between the new house and the existing house. MR. HUNSINGER-I think that is something, you know, we'd want to see is the clearing limits. MR. STEVES-Yes. What is shown is exactly what Mr. Gray wants. MR. HUNSINGER-Okay. MR. STEVES-He definitely wants to keep the buffer, because he's anticipating moving up to the upper house. MR. HUNSINGER-Okay. 22 (Queensbury Planning Board 02/19/09) MRS. STEFFAN-Interesting. We have a buffer between our house and the house next door, and it's very interesting, in the summer it's not a problem. This time of year, it's just unbelievable, spot lights, driveway lights, house lights, they're all shining in our direction, and it's really frustrating. MR. TRAVER-Even noise. MR. HUNSINGER-I have the same issue. MR. STEVES-No question. The other house is about 15 foot in elevation difference and is about 180 feet, as proposed, separation from the front of the house to the back of the house. I mean, it's a large lot, and at the smaller scale. So it kind of looks like it's a little closer than it is, but we understand, and we definitely would leave buffering in between. He did not want to try to move it up the slope too far. He wanted to make it a viable lot for himself. So he wants to be able to make sure that he has room to put the house. You try to utilize the existing clearing, the existing path, and obviously, like I say, buffer himself from the lower house that he'll probably be selling. MRS. STEFFAN-There's a driveway right next door to this lot on the left. Is that, how close is the house over there? MR. STEVES-Quite a ways onto the southerly side of that lot. I can depict that for you, if you'd like, at Preliminary. MR. HUNSINGER-Would it be off the map? MR. STEVES-No, it would be on that lot. MRS. STEFFAN-No, because that's a, it's a very small, you know that, obviously it's bigger than it looks, but that's a very rectangular lot. So the house can't be all that far away. MR. STEVES-Two hundred and fifty foot wide, and it's about, I would say, about 150 south of the line. MRS. STEFFAN-Okay. MR. TRAVER-Would the septic be an issue? The distance to the septic for the neighbors? MR. STEVES-A couple of hundred feet, three hundred feet. MRS. STEFFAN-Okay. MR. STEVES-And as far as like Staff said, the 100%. We have no problem. This is a substantially large enough lot that we can have 100% reserve area. That's not an issue there. MR. OBORNE-If I may add, I think the main just anticipating that, and I know that you'd because you're going over the driveway. issue with this would be the 10% driveway, have to have a deeded access, obviously, MR. HUNSINGER-Right. MRS. STEFFAN-Well, the difficulty with these kinds of things, you know, in my mind, the slope is one issue, but when you're sharing a driveway, then you've got the maintenance issue and, you know how you deal with that, but obviously the homeowners work that out, but it is. MR. STEVES-It's just like in your Code, you require a shared driveway or double the lot width, and he's conscious to that, and he's well aware of it, and he doesn't want any more curb cuts, even if he had the lot width. He'd rather share the driveway. So he came to us and insisted that we share the driveway. Maybe it's a relative, you know. He's been looking at this for a couple of years trying to come up with the best scenario. You look at the date of my map, I think it's February '06. MR. HUNSINGER-Wow. 23 (Queensbury Planning Board 02/19/09) MR. STEVES-So he's really looked at this in a lot of different ways. It's his personal property. He wants to retain it as his personal property. So, he's really kind of looked at it over the years of how he wants to do it. It hasn't been a rush kind of a deal for Mr. Gray. MR. SCHONEWOLF-He's the same gentleman that has the house right across from Dunham's Bay, right? MR. STEVES-I believe he does, yes. I believe he has a rental unit up there, maybe. MR. SCHONEWOLF-I mean, he rents out part of it. MR. STEVES-He lives here on this lot here. MR. SCHONEWOLF-Right. MR. HUNSINGER-Okay. Anything else? MR. SCHONEWOLF-I can see why he wants to move up here, because it's quieter. MR. HUNSINGER-Did we give you enough direction? MR. STEVES-Yes. MR. HUNSINGER-Okay. Thanks. MR. STEVES-Thank you very much. MR. HUNSINGER-Thank you. SITE PLAN NO. 6-2009 SEAR TYPE UNLISTED MICHAEL LAMOTT OWNER(S) GUIDO PASSARELLI ZONING WR-3A LOCATION PARADISE LAKE APPLICANT PROPOSES REMOVAL OF BRUSH AND TREES WITHIN 35 FEET OF A SHORELINE. REMOVAL OF SHORELINE VEGETATION IN A WR ZONE REQUIRES SITE PLAN REVIEW AND APPROVAL. CROSS REFERENCE SUB 4-94; UV 75-90, SP 83-90 WARREN CO. PLANNING 2/11/09 APA, DEC, ACOE, OTHER ROUND POND CEA; NWI WETLANDS; DEC [ENDANGERED SPECIES UNIT] LOT SIZE: 34.73 +/- ACRES TAX MAP NO. 296.5-1-7 SECTION 179-6-060 MICHAEL LAMOTT, REPRESENTING APPLICANT, PRESENT MR. HUNSINGER-Keith, whenever you're ready. MR. OBORNE-Site Plan 6-2009, Michael Lamott, removal of shoreline vegetation in a WR zone requires Site Plan Review and approval. The location is Paradise Lake. The existing zoning is WR-3A. This is a Type II, no action necessary, which I might have to come back to that one. No, this is a Type II, no action is necessary. Project Description. Applicant proposes removal of a brush and trees within 35 feet of a shoreline. Staff calculates proposed area to be disturbed at approximately 41,700 square feet, or 0.96 acres. Total shoreline to be impacted is approximately 550 linear feet. The project location is on the south portion of Paradise Lake. Quickly on the Staff comments. The applicant has explained in the DEC letter dated November 24, 2008 that the purpose of this removal is to restore the view from Paradise Lake from the parking lot. This removal appears to be for aesthetic purposes only. Igo on to explain why it's important, and from then on there's a Site Plan Review and we talk about a DEC letter, and I'm sure Mr. LaMott and I will discuss that throughout the proceedings here. MR. HUNSINGER-Okay. Thank you. Good evening. MR. LAMOTT-Good evening. My name is Mike LaMott, and I'm here to see about getting permission to clear some underbrush and some small trees and some trees up to maybe four, five inches, on the south end of Paradise Lake. I'm sure everybody's familiar with that. It wasn't that many years ago, probably within the last 15 years, that it started to grow up heavy. Fifteen years ago there was nothing there. Because they had taken down the Pavilion and the rest of the structures that were there, and people lately have said, you know, you can't see the lake anymore when you park in the pullout there, and it's true. Even this time of year, it's pretty heavy. There's some pine trees that are still there and a lot of smaller trees. There are two very large trees. Those two right there are two of them. They're dead. This time of the year, if they go down, they'll go 24 (Queensbury Planning Board 02/19/09) into the lake, which is not going to hurt anything because the ice is on it, but if they go down in the summertime, have you looked at those two trees, Keith? MR. OBORNE-These are the pictures I took a couple weeks ago. MR. LAMOTT-Yes, and there's two more further down to the left that were probably left over from the original structures or the original property, and then all of a sudden they stop and from there on down around the lake, it's all lawn. It's grass. So you go from this heavily wooded area, which wasn't there at one time, because the Pavilion and everything else was, to down around the bend with nothing on it. The lake just opens up. Unfortunately, there's no parking lot there to sit. What people do is drive in there, go under the pole line, push a boat into the water and go fishing, but the rest of it you can't see, and that's all we want to do. MR. HUNSINGER-Okay. Questions, comments from the Board? MRS. STEFFAN-Well, I certainly think the DEC letter gave you direction on what needs to be done. I mean, they suggested the pine tree. MR. LAMOTT-Yes. I've got to thank the Town for that, because, I, you know, (lost word) where to go first, and they were. MRS. STEFFAN-Yes, the pine trees coming down will actually help the protected species, right, well, it's the Karner blue and then that little butterfly or moth or whatever it is. MR. TRAVER-Well, the concern I have is, not with the tree removal, but with the brush removal. As you know from the Staff comments, that undergrowth, not necessarily the entire width that you're talking about, but it's very important and we've worked very hard to try to establish or maintain and in some cases reestablish buffers around bodies of water within the Town. MR. LAMOTT-Let me just say, there was a comment made that I shouldn't have said brush, and they're right, I shouldn't have said brush, because there is no brush there. There's small trees, and next year they're going to be bigger, and the year after that they're going to be bigger, and so you're going to be right back where you are now. All we want to do is take out everything that's there. I'll be honest with you. MR. TRAVER-Yes. So there would be, what, you're talking about putting grass, then, in? MR. LAMOTT-Not doing anything at this point. In the letter, the DEC does say something about, if we wanted to mow, we could. MR. TRAVER-Mowing, yes. MR. LAMOTT-But the rest of it is mowed. If you go down to where the trees stop, and you go around the bend, that's all mowed in there. MR. TRAVER-Right. Well, could you limit your cutting to the larger, could we agree on a caliper or something, at least in the area immediately along the shoreline, so that there's some vegetative buffer there for the runoff and so on going into the lake? I understand that there's a lot of lawn around the other area. That makes this, in some ways, even more important, that we try to maintain some vegetative buffer there, particularly as it goes right on, by Round Pond Road. I understand you're trying to open it up for visibility, but I'm wondering, can you do that without having to cut everything down? MR. LAMOTT-I don't know how. If you would go there right now and look, you would see that, you know, without taking down everything, everything is blocked. You have to take down the pines. MR. TRAVER-Right. MR. LAMOTT-And you've got some big dead ones, but the ones that are small now, they're going to be big pretty soon. The intent was to take it down so you open it up, which it was. It wasn't that many years ago, either, that it was that way. MR. OBORNE-I will say, as Staff and the one who did the review on this, I welcome the removal of the pines. 25 (Queensbury Planning Board 02/19/09) MR. TRAVER-Right. MR. OBORNE-I mean, for Karner blue and for Frosted Elfin habitat, it's essential that those pines get removed. MR. TRAVER-Sure. MR. OBORNE-Obviously there are certain species of pines that help the Karner blue. Karner blue is not the issue here. It is the Frosted Elfin habitat at this point. I do take just a bit of exception. There is a lot of brush there. It's a very diverse area for wildlife, including the butterfly. There are trees, and the larger trees, absolutely, as Staff, I have no problem, but again, we defer to the Board, and that's why we're here. My Site Plan Review is based on my experiences. MR. HUNSINGER-The question that I have, and I don't know if either one of you can clarify. The last paragraph on the first page of the DEC letter, where Jed Hayden states, should Terra Majestic wish to mow and to maintain the open shoreline, they may mow within the lupine patch only after October 1St MR. LAMOTT-When I was there with them, that particular day, there was a lupine patch maybe 20 feet this way and 10 feet wide, but that's a much bigger area. Somebody would have to come and tell us where the patch is, and I think they make mention of that somewhere in the letter. MR. HUNSINGER-Okay. They do, yes. MR. LAMOTT-Because I was standing right in it, and I didn't know I was standing in it. MR. HUNSINGER-I wouldn't know what it was, either, if I saw it. I remember we had it printed out once before in an earlier project, a few years ago, but if I walked the site, I would never know. MR. LAMOTT-I suppose it would change every year, too, but they've said they would, there's no problem with coming back and updating it and put it on their maps, too. MRS. STEFFAN-Well, I found that comment kind of interesting, because once the lupines are done flowering, they go to seed, and usually by the end of July into August the seed pods have exploded and then they start to break down, and by September you don't even know they're there. So, you know, they're using October 1. MR. OBORNE-Well, I think that's for the chrysalis, though. That's for the chrysalis for the. MR. TRAVER-Hanging on to the. MR. OBORNE-Right, and you don't want to disturb that undergrowth. MRS. STEFFAN-But it's just grass. MR. OBORNE-Well, the chrysalis is on the leaves. They attach themselves to the leaves, and that is one of the processes they tell you to do is not to disturb the leaves, you know, if they get approved, when they cut this down, they need to take it off site to chip it. Not off site, but like into the parking lot or however it's going to happen. MR. HUNSINGER-Mr. Schonewolfjust pointed something out. DEC said that they would mark the area with temporary flagging, but you would have to make arrangements to mark the area permanently. MR. LAMOTT-But they told me they would come back and do it. MR. HUNSINGER-Okay. MR. LAMOTT-But temporary is, I suppose, this year. Next year it may change. So, and that's, you know, something beyond my scope. MR. HUNSINGER-Okay. MR. LAMOTT-They are very helpful. I'm a little surprised. 26 (Queensbury Planning Board 02/19/09) MRS. STEFFAN-I don't know. I'm kind of on the fence, because I haven't lived here all my life. I've been here for a lot of years, though, and I remember when I first moved here, and that was all clear. I mean, the Pavilion was there. So what's there now is very different than it was 30 years ago. MR. HUNSINGER-We do have a public hearing scheduled. Did you want to comment on this? Were you here to comment on this application? Okay. PUBLIC HEARING OPENED MR. LAMOTT-We're not taking everything down. We're limiting which, in the direction of the Country Club, we're not going all the way up. MRS. STEFFAN-Okay. Just what used to be the beach part. MR. LAMOTT-Well, you get up there, the trees start to get like this, and, you know, there's no point in taking them down. It would ruin everything. MR. HUNSINGER-So the map that was submitted, is that a pretty accurate reflection of where you want? MR. LAMOTT-Yes. On the left hand side, it stops exactly where the trees stop, the brush and everything else. Then it goes up to, there is a flag there on the fence, if you look at it, and it's just below the double poles up there on the transmission line. So, it won't go any further up than that. MR. HUNSINGER-Yes, you actually show it maybe 40, 60 feet short of that. MR. LAMOTT-Yes, it's at least. The trees start to get much larger up there. MR. SCHONEWOLF-If that's the right scale, if that's 75, yes. MR. HUNSINGER-Yes. Okay. Do you have any written comments, Keith? MR. OBORNE-Let me check. No, sir. MR. HUNSINGER-Okay. Well, since there are no comments from the audience and no written comments, I will close the public hearing. PUBLIC HEARING CLOSED MR. HUNSINGER-Well, what's the feeling of the Board? MR. SCHONEWOLF-I have no problem with it. MR. LAMOTT-Well, the letter also says we have to do it before the first of April. Either that or we have to wait another year. MR. HUNSINGER-Yes. MRS. STEFFAN-Yes. You'd have to take action pretty swiftly. MR. HUNSINGER-How available is DEC to come down and mark off the area, before you start cutting? MR. LAMOTT-I called them on Monday on another matter. They have not returned my call yet. MR. HUNSINGER-That's why I asked. MR. LAMOTT-They get busy. I know they get busy. I mean, usually they respond much sooner than that, but they don't leave the messages on their machines the way they should, because I kept trying to get Jed for two weeks, and it seems that Jed was on vacation, but his machine didn't say that. I'll be back in the office tomorrow it said. MR. HUNSINGER-Okay. MRS. STEFFAN-Well, the expectation, I mean, obviously they looked at this in October, and they won't be able to do any kind of delineation until the snow's gone. 27 (Queensbury Planning Board 02/19/09) MR. LAMOTT-The snow goes. MRS. STEFFAN-So the trees would be down by then. MR. LAMOTT-Well, when she left that day her last word was, well, call me if you need anything and I'll come right back up. MR. HUNSINGER-Okay. MR. OBORNE-If I can add just one more thing. MR. HUNSINGER-Sure. Go ahead. MR. OBORNE-If you cut this brush back, it's going to grow back, unless you root it out. So, I mean, does the applicant plan on coming back in 10 years and doing it again? MR. LAMOTT-Unless there's some way, now, of getting something through that says we'll maintain it that way. MR. OBORNE-Well, that would be up to the Board, obviously, and you'd probably want to see a plan, I would imagine. I know I would, as Staff. The Conservationist is coming out in me, and that's my background. We've had discussions about it, and I can appreciate where everything's coming from, for what it's worth, but just keep in mind that keeping the roots in there is not a form of erosion control. MR. LAMOTT-That was not me. That was DEC. MR. OBORNE-Well, it was in your narrative. MR. LAMOTT-Because she said what do you plan on doing all around there, and I said, well, not much, we're just going to get it out of here, and she said, well, if you leave the roots in, which I assume you're going to, then that's going to prevent erosion. MR. OBORNE-It does the opposite, actually, over time. With that said, it is a pretty good area now for wildlife. However, it will grow back. It'll grow back very quickly. So, I mean, if you are to have a maintenance plan, you might want to get that back to us to have it vetted, I guess. MR. LAMOTT-Okay. MR. HUNSINGER-So the beach used to be maintained by the Glens Falls Country Club? MR. LAMOTT-No. MR. KREBS-As a kid, I used to ride my bicycle from Glens Falls up, and go swimming up here. MR. TRAVER-I can remember swimming there as a kid. MR. HUNSINGER-Who operated the beach, though? I mean, was it the Town? MR. KREBS-I don't remember. MR. TRAVER-I think my parents just dropped me off. I remember there were bloodsuckers in there. I don't know if there still are, but they scared me as a kid. MRS. STEFFAN-Leeches? MR. TRAVER-Yes. MR. HUNSINGER-Okay. What's the feeling of the Board? It is a Type II action, according to the Staff Notes, but on the agenda we have it listed as Unlisted. MR. OBORNE-Yes. I was going to mention. You may want to go ahead and, I don't have my SEQRA book with me, and shame on me, it's not going to hurt to do an Unlisted Neg Dec. It's not going to hurt anything. Just to cover, whatever faux pas I've made again. 28 (Queensbury Planning Board 02/19/09) MR. HUNSINGER-Okay. Short Form? MRS. STEFFAN-Short. MR. TRAVER-Keith, I have a question. Just for my own curiosity, they've taken the step of involving EnCon because of the threatened species and so on. Does that, and it sounds as though there will be some ongoing involvement there, as they monitor this habitat. MR. OBORNE-That's my assumption, yes. MR. TRAVER-Hopefully, right? Would it be your assessment that that involvement would help mitigate the problem created by cutting down all of this? I mean, obviously the vegetation, if it's cut down, it's gone, but presumably if a problem develops, especially with this habitat there, EnCon is going to react in some way if we start seeing a problem, environmental issues developing. MR. OBORNE-This is for a view shed, and it's understandable. I mean, I know you all know the area. MR. TRAVER-Yes. MR. OBORNE-This will, in fact, help the habitat for the Frosted Elfin. There's no doubt about that. MR. TRAVER-Right. It's very clear, EnCon. MR. OBORNE-Absolutely, however it's at the expense of a thriving habitat for other species, too. MR. TRAVER-Right. MR. OBORNE-I mean, it's a one to one trade, I think, and as far as it developing, with the blue lupine and the other endangered species that are in the area, it certainly could help. It's not going to hurt, that's for sure. Will they, it would be up to the applicant to make sure that the guidelines that Jed has set out, you know, are to be followed, and where they want to go from there is fine. Typically they would mark it off so people don't trample on it and the like. So it's certainly not there to open up access to the lake. I know that. MR. TRAVER-Right. MR. LAMOTT-No. I don't think you'll ever see anybody inside that fence. MR. OBORNE-Right. MR. LAMOTT-Further up, they put in a couple of boats and go fishing, but not there. MR. TRAVER-Thank you. MR. HUNSINGER-Okay. Well, the applicant did submit a Short Form. MR. LAMOTT-Trout, a lot of trout, too, stocked by the Country Club. MRS. STEFFAN-Okay. "Does the action exceed any Type I threshold in 6 NYCRR Part 617.4?" MR. HUNSINGER-No. MR. TRAVER-No. MRS. STEFFAN-"Will the action receive coordinated review as provided for Unlisted Actions in 6 NYCRR, Part 617.6?" MR. HUNSINGER-No. MR. TRAVER-No. 29 (Queensbury Planning Board 02/19/09) 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. MRS. STEFFAN-"C2. Aesthetic, agricultural, historic, or other natural or cultural resources; or community or neighborhood character?" MR. HUNSINGER-No. MR. TRAVER-No. MRS. STEFFAN-"C3. Vegetation, fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species?" MR. HUNSINGER-And this would be yes. MR. TRAVER-Yes. We're actually going to increase the habitat. MR. OBORNE-What's the explanation for the yes? MR. HUNSINGER-There is a potential impact, but the habitat for the endangered species will be enhanced. 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. TRAVER-No. MRS. STEFFAN-"C5. Growth, subsequent development or related activities likely to be induced by the proposed action?" MR. TRAVER-No. MR. HUNSINGER-No. MRS. STEFFAN-"C6. Long term, short term, cumulative or other effects not identified above?" MR. TRAVER-No. MR. HUNSINGER-No. MRS. STEFFAN-"C7. Other impacts (including changes in use of either quantity or energy)?" MR. TRAVER-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. TRAVER-No. MRS. STEFFAN-"Is there or is there likely to be controversy related to potential adverse environmental impacts?" MR. HUNSINGER-No. MRS. STEFFAN-Okay. Then I'll make a motion for a Negative Declaration. 30 (Queensbury Planning Board 02/19/09) RESOLUTION WHEN DETERMINATION OF NO SIGNIFICANCE IS MADE RESOLUTION NO. 6-2009, Introduced by Gretchen Steffan who moved for its adoption, seconded by Stephen Traver: WHEREAS, there is presently before the Planning Board an application for: MICHAEL LAMOTT, 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. Duly adopted this 19t" day of, February, 2009, by the following vote: AYES: Mr. Schonewolf, Mr. Krebs, Mr. Traver, Mrs. Steffan, Mr. Hunsinger NOES: NONE ABSENT: Mr. Ford, Mr. Seguljic MR. HUNSINGER-So are people comfortable with what's been proposed, provided they follow the letter provided by DEC? MR. SCHONEWOLF-Yes. The DEC's got to come out and flag it, though. MR. HUNSINGER-Any other conditions that we want to impose? MR. OBORNE-Do you want them to come back after growth or do you want them to cut it back after it reaches six feet? I mean, do you want to do anything along those lines to streamline this process for the applicant? Or would you like to review it under, there may be a different Board in five years? MR. TRAVER-Yes. Why don't we ask them to come back before any additional cutting. MR. OBORNE-Additional cutting. Okay. MR. TRAVER-Things may, we don't know what even environmental changes may or may impact. So we'll cut it and then not cut it unless they come back, and we'll take another look at it. MR. HUNSINGER-Okay. MRS. STEFFAN-But how can we phrase that, dramatic cutting? Applicant will come back to the Board at a future date should? 31 (Queensbury Planning Board 02/19/09) MR. OBORNE-Further cutting be desired. MR. HUNSINGER-Further cutting be desired, yes. Yes, that works for me. MR. OBORNE-Not to put words in your mouth. MR. HUNSINGER-Right. MOTION TO APPROVE SITE PLAN NO. 6-2009 MICHAEL LAMOTT, Introduced by Gretchen Steffan who moved for its adoption, seconded by Donald Krebs: 1) A site plan application has been made to the Queensbury Planning Board for the following: Applicant proposes removal of brush and trees within 35 feet of a shoreline. Removal of shoreline vegetation in a WR zone requires Site Plan Review and approval. 2) A public hearing was advertised and held on 2/19/09; and 3) This application is supported with all documentation, public comment and application material in the file of record; and 4) MOTION TO APPROVE SITE PLAN NO. 6-2009 MICHAEL LAMOTT, Introduced by Gretchen Steffan who moved for its adoption, seconded by Donald Krebs: According to the resolution prepared by Staff. Paragraph Four A complies. Paragraph Four B, a Negative Declaration. Paragraph Four E & F do not apply. This is approved with the condition with the following conditions. a) 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 b) The requirements of the State Environmental Quality Review Act have been considered and the Planning Board has adopted a SEQRA Negative Declaration; and c) 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. The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work. Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution. d) 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 e) Not applicable ~ ; f) Not applicable a g) That the applicant must comply with the New York State Department of Environmental Conservation letter of November 24, 2008, and also that the second condition is that the applicant will come back to the Planning Board at a future date should further cutting be desired Duly adopted this 19t" day of February, 2009, by the following vote: AYES: Mr. Traver, Mr. Schonewolf, Mrs. Steffan, Mr. Krebs, Mr. Hunsinger NOES: NONE ABSENT: Mr. Ford, Mr. Seguljic MR. HUNSINGER-Okay. 32 (Queensbury Planning Board 02/19/09) MR. LAMOTT-Thank you very much. MR. HUNSINGER-Thank you. Mr. O'Connor, do you want to come up? Just under additional business, Mr. O'Connor had asked us about the Lake George Park Commission Stream Corridor Protection, and when I came to the meeting this evening, I did have two notices in an envelope. There's a series of workshops next Tuesday. Let me rephrase that. It's a public hearing on a Draft Generic Environmental Impact Statement for Stream Corridor Protection. There's two hearings, one at 11 in the morning and one at six o'clock in the evening, and there's also two meetings of the Lake George Park Commission Law Enforcement Committee on the same day, at nine o'clock and at ten o'clock. MR. KREBS-Are they at the Hotel? MR. HUNSINGER-Yes, the Holiday Inn. The evening meeting is at the Fort William Henry Conference center, and I'll pass these around, but I didn't know, Mr. O'Connor, if there was something specific you wanted to bring up or ask us? MR. O'CONNOR-I was wondering if you were going to take a position on it. Other local Planning Board's have. Other Town Board's have, in addition to the Planning Boards. I've been doing this, I think, since 1967, land use, and we used to have a very active committee on the Bar Association that would review any proposed regulation or ordinance. I've tried to get them involved in this particular project, and haven't been successful, but there are a lot of people that are looking at this thing. We all complain about mandates from the State, and how they're expensive and how they create red tape and they do all kinds of crazy things to you. We've got a local Board here that is now looking at making a mandate which is going to make it very difficult and cumbersome to go forward with all kinds of things. They're talking about a stream corridor protection, a stream corridor of 100 feet on each side of the high water mark of streams. They're talking about perennial streams and intermittent streams. They're definition of intermittent streams almost includes every stream that you can think, even streams that only have snow melt flow in them. Their definitions that they use are terrible, and I looked at it. I don't have an axe to grind. I don't have a client I'm representing, and I probably should shut up and just enjoy the fact that there are going to be 1500 other people that are going to need are services or the services of people like me because they've got more dumb regulations, but in towns where you have an APA approved local land use plan, in towns where you have a stormwater regulation that's enforced, and you've got DEC looking over everybody's shoulder for any timber operations, and stream crossings in connection with timber operations and what not, I don't see where it adds anything. I think they're just building their little kingdom. They're talking about acting for Site Plan Review. They're willing to give you, and the variance procedure that they put in there is like for Area Variances, which is not bad, except that they say Single Family Residential can get variances if they already pre-existing within this corridor, 100 feet from the stream. MR. TRAVER-If they're pre-existing they need to get a variance? MR. O'CONNOR-If they want to do anything to expand their hard surface. MR. TRAVER-Okay. MR. O'CONNOR-But they don't say anything about pre-existing commercial. MR. KREBS-Right, and I didn't see anything about the Commission or anybody else compensating these people for the 65 feet of land that is being taken away from them. MR. SCHONEWOLF-Well, it's a land grab. It's simple, outright thievery. MR. O'CONNOR-Bolton is very strong. They say it's a land taking. MR. SCHONEWOLF-Exactly. MR. O'CONNOR-And it's poorly drawn because it doesn't recognize the other entities. MR. TRAVER-Well ,with the number of streams and the topography in the Town of Bolton, that probably is the area most impacted. Right? 33 (Queensbury Planning Board 02/19/09) MR. O'CONNOR-I don't know. They've put together a lot of information. The Generic Impact Study is like 58 pages, and you go through it and you read it, but if you read it and it talks about suggested setbacks, most of them say and more study needs to be done, and they also don't say whether or not the areas that they've looked at those setbacks whether they have a stormwater plan that's strictly enforced. Bolton, Lake George, and Queensbury all have stormwater. I mean, you looked at, tonight, and I think I'll get a copy out of our regulation. Your shoreline cutting requirements are applicable to streams, as well as lakes and, tonight you were doing one for this fellow for the Round Pond. You already have that. They want to do that for you, or they want to do that in addition to you. MR. SCHONEWOLF-But does the Town have to let them do it? MR. O'CONNOR-No. MR. TRAVER-When they say more study needs to be done, isn't that an enormous loophole? MR. O'CONNOR-No, they have to let the Town do it. MR. SCHONEWOLF-Yes, but if the Town takes a stand against these regs, then what happens? MR. O'CONNOR-They can still adopt them. MR. SCHONEWOLF-They can adopt them. They can't enforce them in that town, can they? MR. O'CONNOR-Yes, they can. MR. HUNSINGER-Yes, they supersede us. MR. O'CONNOR-They're a State agency. They're going to become a miniature APA. MR. HUNSINGER-Yes. MR. O'CONNOR-They're talking 5500 acres that they're going to affect in the Lake George basin. MR. HUNSINGER-We've been hearing for a while that they're going to start to have greater enforcement of the, you know, upland land uses. MR. O'CONNOR-They don't distinguish. MR. HUNSINGER-So it doesn't come as a surprise. MR. O'CONNOR-That's one thing. I can see the upland. I can see the ridges. I can see the mountains, and that type of stuff, but, you know, they do the same 100 foot strip, or 200 foot strip up there that they do down by the lake, and the funny part, they exempt all municipal stormwater, but in the beginning of the 58 page Generic study, they talk about the seven streams that are problematic. They're all highway streams. They're all streams that run along highways that get dumped into by the highways. MR. HUNSINGER-Highway runoff's the biggest problem. MR. O'CONNOR-And, you know, the areas of development where they think they've got the biggest problems are the areas that already do this. Igo to Lake George as much as I come here. In fact, I probably go to Lake George more. They have stormwater regulations. You go to cut within 35 feet of that lake, you've got to justify what you're doing. MR. KREBS-But what do we do? We allow the State, on Route 9, to have no stormwater sewers, and we've dumped that water directly into West Brook, which goes directly into Lake George, okay. So we were worried about Rush Pond with Schermerhorn, and yet we have Route 87 that gets dumped salt all the time, all winter long, and there's no retention basins on either side of either north or south highway, and all that goes directly into either Glen Lake or into Rush Pond. 34 (Queensbury Planning Board 02/19/09) MR. O'CONNOR-Well, it goes down into the Rush Pond stream through Story Town or through Great Escape into Glen Lake. That's why you have the green algae blooms at the head of the Glen Lake Fen. MR. HUNSINGER-Because of the salt. MR. O'CONNOR-But I just, the problem is they've been threatened with lawsuits, the Lake George Park Commission, and they're caving to them. The Water Keeper and the Lake George Fund have said they're going to sue them if they don't adopt them. State procedures says that, first of all, their enactment, when they were enacted, said that they will have rules, but the State procedure for enacting rules and regulations says you don't enact rules and regulations if there are already adequate rules and regulations on the subject in place, and they're choosing to try to ignore that, but there's going to be a lot of people at these public hearings. I think they've got a citizens group now in Bolton that's formed. MR. SCHONEWOLF-Yes, the ones that took out the full page ad in the Mirror? MR. O'CONNOR-Yes. MR. SCHONEWOLF-They seem like they're well organized. I would think that they'd want to go to court. MR. O'CONNOR-I think that they intend to do that. I've told, and I think the Town, I know the Town of Lake George is going to send their attorney. I think Bolton is sending their attorney. I've told them I'm not going to represent anybody on it, but it's just, we don't need another APA. I just did a three lot subdivision in Fort Ann. We spent almost $5,000 for archeological. The three lots are 15 acres each. MR. TRAVER-Did you find anything? MR. O'CONNOR-Yes, we did. We found some old pottery. It was an old farm, and you're going to find it any place you have old buildings. The old, they didn't used to have dumps. They used to open up their back door and discard it. MR. HUNSINGER-No. You'd put it along the stone wall, it went around the edge of the field. When I was a kid I used to go dig for old antique bottles in the old farm dumps that way. We'd follow a stone wall until we found the dump, and that's where we'd find the antique bottles. I still have most of them. MR. O'CONNOR-I used to talk to Dr. Bob Kuhn. He's no longer the head archeologist, and at one time we were doing something, he said, and he turns around, we had, I think there were 11 people there, I figured out that it was costing the applicant someplace around $3700 per hour. This was a quarry we did over in Hartford, and he said, Mike, do you believe this guy? And I had Phil LaPorta, who was probably the head, probably best archeologist/geologist on chert mining, which supposedly happened five to ten thousand years ago. We don't know by whom. We don't know where they came from. We don't know where they went, but we have evidence that there were human people here chipping away chert on some rocks, but the last one I did with the APA was three lots over in the Town of Fort Ann, and I can't believe what we ended up doing, and I think, the other night I was in Lake George, and I think they mean well, the Lake George Water Keeper, but they have lost a lot of credibility because they never recognize anything good, like the last time I don't know if I was before you or before the Zoning Board, when we were here for Takundewide. We got rid of seven or eight cess pools. MR. KREBS-Yes. Right, and all they did was criticize you. MR. O'CONNOR-And they came in and criticized because they thought we should have counted the stairwell in the Floor Area Ratio. MR. KREBS-Not only that, but then they went in the water and they took pictures, at Takundewide, and then they went up the lake and took pictures, and of course, the farther north you go, the cleaner the lake gets. I was here, and you were around, when we were talking about putting the sewer, the Warren County sewer in. MR. O'CONNOR-Yes. MR. KREBS-And we had the EPA come up and we did studies on the lake. We had, we called it the pooper scooper boat, but it was a boat that had the ability to look at 35 (Queensbury Planning Board 02/19/09) phosphorus and it would go, it had an intake three feet below the boat, and we went all around the lake, and we thought we were going to have a lot of problems around Cleverdale and Rockhurst. Where we had the highest readings were coming out of the swamps in Warner Bay, Sandy Bay, Dunham's Bay, okay, because the phosphorus that we were getting into the lake was a natural source. It came from the decaying wood that was in that swamp, and every Spring it would be flushed into, you know, from the snow runoff into the lake. We couldn't find readable amounts, except at the end of West Brook. There just weren't, and all those places that we thought, you know, with septic systems, and some of them with 50 gallon cans, etc., were not contributing to the pollution of the lake that we could decipher at that time. MR. O'CONNOR-There's a Glen Lake study that says that the septics on Glen Lake do not contribute to the, to any degradation of the water quality on Glen Lake. That was done, I think, either by ACC or by some, maybe it might have even been the Darien Water Institute. It's old now, but the last time I looked at this, my point, though, as to the credibility of the Water Keeper, at the Lake George Planning Board meeting, it was the Planning Board or the Zoning Board, I forget which, they came in, in three different applications, were citing the new Lake George Park Commission stormwater regulations, and somebody said, you mean the ones that are proposed? Yes, those are the ones. You've got to look at those. I mean, and those guys, one reason they have such poor credibility in Bolton and Lake George, they're the ones that are suing the towns. MR. SCHONEWOLF-They're Mr. Negatives. Peter Barris is just as bad. MR. O'CONNOR-They were so happy to get rid of him. MR. SCHONEWOLF-I know. He was one of my customers up in Blue Mountain Lake, and he, well, his father-in-law was involved in the APA, and he's the worst of all. He makes the Water Keeper look an angel. MR. O'CONNOR-He was telling somebody, he was telling one of our local legislators about all the things that their organization wanted and all this that the legislator was all wet and shouldn't be sticking their head out of the sand and stuff like that, and the legislator said, you know, I'd like to meet with your Board of Directors. Okay, you can do that, and she said, I want to see what your Board of Directors. They set up the meeting, had everything all set, he cancelled it, and somebody went around him and found out that he never went to his Board of Directors. He's on his own little horse. MR. HUNSINGER-Well, would the Board like to take a position on the proposed stream corridor? I mean, I, personally, don't know if I have enough information, but I also would be willing to go to the hearings, and to go to the workshop. MR. TRAVER-I wouldn't be in a position to comment at this point. MR. O'CONNOR-My suggestion would be, at the most, because you don't have the book in front of you, and it is a book that you want to read and take a look at, is simply ask them to recognize those that have asked them to slow down. There is no need to rush to judgment, and if they're talking, now, about, one thing, they've got 12 Towns. Lake Luzerne's in this. I mean, they've got Ticonderoga, anything at Putnam, everything that touches the lake, the whole Lake George water basin is in this thing. I didn't know part of Lake Luzerne was in the water basin, but it is, apparently, but they have not gone to those Towns. MR. HUNSINGER-I would certainly be comfortable to attend the public hearing and make a comment that we haven't had a chance to look at the impacts that it might have, so we certainly can't take a position. MR. TRAVER-Well, we can't judge those impacts until they have a final proposal. MR. HUNSINGER-Right. MR. TRAVER-Which sounds like that's going to be quite a ways off. MR. O'CONNOR-I think the question is do they need it. MR. SCHONEWOLF-They're going to try to implement it without it, I think. MR. O'CONNOR-Yes. My thing is I'm going to get a copy of our regulations, in Queensbury, I'm going to get Bolton's regulations. I'm going to get Lake George's 36 (Queensbury Planning Board 02/19/09) regulations. I'm going to go into the public hearing and I'm going to say, guys, you're just duplicating this. Why are you duplicating it? We're supposed to be helping taxpayers. We're supposed to be helping the economy. They're stepping all over it. The only one they're helping is the lawyers and engineers, and for the people that can afford to hire them. MR. TRAVER-Well, they're also increasing the enforcement load. We're having a hard time enforcing some of the fundamentals of our zoning and so on, within the Town. So, I mean, for them to increase the demand on the need for enforcement seems silly when we have, sometimes, issues with enforcement of very basic kinds of things. MR. O'CONNOR-They have one regulation in there that says that if anybody is going to do timber harvesting and it is going to involve a stream crossing, I think, of any nature, they have to give them notice that they are undertaking this project. It's kind of like the SWPPP, it's kind of like registering your stormwater, but how many people are they going to have to hire to go out and look at that? You've got a lot of people that are employed in the forestry business, above, you know, 149. Now you've got forestry regulations. Lake George has got forestry regulations. I think Bolton's in the process of adopting them. MR. OBORNE-Well, the stream crossings, particularly, are a DEC issue. You have to have a crossing permit for that. It's a perennial stream. It's a classified stream. MR. O'CONNOR-Double A something, Double A S. The other thing they're saying is that if you're doing a subdivision and there's a stream on the property, they only want one crossing. Now that doesn't mean, you know, what happens to the idea of this conservation subdivision or planned subdivision where it makes more sense to have more than one crossing. I'm not sure, it's kind of like, the guy out of Manhattan that's put all this stuff together, and said here's your cookie cutter and here's where you're going to go. It's going to create all kinds of issues. MR. HUNSINGER-Was Staff planning to attend any of these workshops or hearings? MR. OBORNE-Yes. Absolutely, and I do want to mention just a couple of things. MR. O'CONNOR-No, but how do I tell somebody that comes in and basically, they bought this 45 acre lot and said I only want to create three building lots, and it's in Fort Ann, which I don't think has got a big market to start with. How do I tell them, you know, you're paying X dollars for the land. You better add maybe five, seventy-five hundred per lot before we get this thing approved? And that doesn't go into building. It doesn't go into infrastructure. It doesn't go into the assessment. It just goes into the paperwork that you go through. MR. HUNSINGER-Yes. I'm sorry. Keith? MR. OBORNE-Just two things. We are planning to attend the workshop. I know Stu is and I am. MR. HUNSINGER-Okay. MR. OBORNE-If I can break away from it, and break away from my Site Plan review duties that I have to do. Another thing is, if you were to make a stance on that, I would ask, just as an observer, that you don't have a full Board to really make a complete recommendation or stance. MR. O'CONNOR-You don't have the book, either. I think you want to have the book. MR. HUNSINGER-Well, the hearing, for the members here, is that we don't have enough information to take a position, and there ought to be more time for us to take a look at this. I mean, maybe I'm being naive here, or maybe oversimplifying things, but I would think that if the Lake George Park Commission is going to adopt great regulations, that it would be incumbent upon them to come and tell us what it is that they're proposing to do, and to give us an opportunity to. MR. O'CONNOR-They didn't. I challenged somebody on that, because Bolton was so upset and they made that part of their resolution, why didn't you ask for our input. We're experienced. We do this on a monthly basis and all this other stuff. They said, well, we held our meeting in Bolton. 37 (Queensbury Planning Board 02/19/09) MR. HUNSINGER-Did they hold a meeting in Queensbury, though? MR. O'CONNOR-I don't know, but that was their comment as to why they didn't ask for particular input. MR. HUNSINGER-Did you have anything else to add, Keith? MR. OBORNE-Yes, I had one more thing, and I'm not saying this tongue and cheek, but as Staff and a representative of the Department of Community Development, we do our Site Plans on an unbiased basis, and anything that said is said tonight, as far as the Lake George Water Keeper, who we recognize as, not necessarily a partner, but somebody that we do respect some of their, if not all, of their inputs, we do, not necessarily welcome, but we do accept their inputs. MR. HUNSINGER-Well, I'm glad you brought that up, because I have a comment on that, and it's just my own opinion, but one of the concerns that I have about the Water Keeper, specifically, is that they are not a regulatory body. They do not have, their opinion is merely theirs, and it really should not be treated any differently than any other public comment that we receive. MR. OBORNE-And it's not, and they're not. MR. HUNSINGER-Right, I'm just saying in general, because I think, you know, just the way that they approach their business, the implication is that they have some greater authority or some specific knowledge that no one else has, and I just want to point out that, you know, and oftentimes I will make that comment during the proceedings to say, you know, their comments should be taken just like any other public comment. MR. OBORNE-Absolutely. They are an advocacy group. They are allowed to speak their piece, and that's all I just would say. They're not a partner of the Department of Community Development, nor do we necessarily welcome everything that they say, but we do accept everything that they say. MR. HUNSINGER-Right. We have to, we have to accept it and consider it. MR. OBORNE-Just like public comment. MR. HUNSINGER-Absolutely. MR. SCHONEWOLF-The other night we voted the other way before he got his paperwork over to you. MR. O'CONNOR-Thank you for letting me make comment. MR. SCHONEWOLF-Thank you. I enjoyed it. MR. HUNSINGER-Thank you. The only other item I had for any discussion is the two modifications this evening where we had a public hearing scheduled, that kind of threw me off because that's new. MR. OBORNE-Yes. I believe in our workshops, to allay any possibility of unfairness, I can't remember the words. I'll have to look at it again, that we were going to open up public hearings for modifications. In the new Code, I believe that that will be a requirement for subdivision modifications. MR. HUNSINGER-Okay. I just wanted to ask the question, because it was certainly a new policy. MR. OBORNE-Yes. We did discuss this, amongst many other things. MR. HUNSINGER-Okay. Any other business? Mr. Schonewolf was just asking when the Town Board might be adopting the Code. I just want to remind everyone that the public hearing is next Tuesday evening at seven o'clock. MR. OBORNE-Hence why we're here tonight. MR. HUNSINGER-Yes. Exactly. I plan on attending that also. 38 (Queensbury Planning Board 02/19/09) MRS. STEFFAN-When I was at the Town Board workshop, it appeared that this was going to be an Expedited Review, that there would only be one public hearing before they would adopt it, and so it's important for the Planning Board members, I think, to review the document and if you have any issues, Tuesday night's your opportunity to address them. MR. HUNSINGER-I think I had asked previously if there was a marked up copy that shows changes. MR. TRAVER-Yes, the copy I got was not marked up. MR. HUNSINGER-Yes. MR. OBORNE-No, there isn't. Maybe Craig has one. MR. TRAVER-Even if that could be distributed electronically, if it exists, in like a word format. MR. HUNSINGER-Gretchen suggested that maybe Stu has one. I'll follow up with him tomorrow. MR. OBORNE-Okay. MR. HUNSINGER-And if we could get it e-mailed to the Planning Board members, that would be a big help. MR. OBORNE-Send it out as a PDF or? MR. HUNSINGER-Either way. MR. TRAVER-Well, it would probably be easier, probably the easiest for him would be to just send a word, because you can just track changes with everything like that and it stands right out. MR. OBORNE-Yes. I don't know what the process is. I'm not privy to the process. In fact, I've looked at it in a cursory way at this point because I need to focus on what the Code is and I do not need to get more confused than I already am. MR. HUNSINGER-Okay, and I'll send everyone on the Board a reminder, too, about the workshops with the Park Commission. MRS. STEFFAN-The marked up copy is the copy that the Planning Ordinance and Review Committee recommended to the Town Board. The new zoning that was proposed by the Town Board is a project of their own. They did not take the Ordinance Review's comments. MR. KREBS-Did they incorporate it in to the original? MRS. STEFFAN-My understanding is they did their own modifications, and so that's why it's important to look at the two documents, because they are different. MR. SCHONEWOLF-But I only got one. MRS. STEFFAN-That's why Chris was going to ask to get the second one. MR. HUNSINGER-Yes, that's why I asked for the second one. Okay. Any other business? MRS. STEFFAN-I'll make a motion to adjourn. MOTION TO ADJOURN THE QUEENSBURY PLANNING BOARD MEETING OF FEBRUARY 19, 2009, Introduced by Gretchen Steffan who moved for its adoption, seconded by Donald Krebs: Duly adopted this 19t" day of February, 2009, by the following vote: AYES: Mr. Traver, Mr. Schonewolf, Mr. Krebs, Mrs. Steffan, Mr. Hunsinger NOES: NONE 39 (Queensbury Planning Board 02/19/09) ABSENT: Mr. Ford, Mr. Seguljic On motion meeting was adjourned. RESPECTFULLY SUBMITTED, Chris Hunsinger, Chairman 40