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1989-07-25 "---" " - ""-- ../ ---...; QUEENSBURY PLANNING BOARD REGULAR MEETING JULY 25TH, 1989 7:30 P.M. MEMBERS PRESENT RICHARD ROBERTS, CHAIRMAN HILDA MANN, SECRETARY FRANK DESANTIS VICTOR MACRI PETER CARTIER JOSEPH DYBAS KEITH JABLONSKI TOWN ATTORNEY-PAUL DUSEK TOWN ENGINEER-THOMAS NACE LEE A. YORK, SENIOR PLANNER JOHN GORALSKI, PLANNER PAT COLLARD, ZONING ADMINISTRATOR APPROVAL OF MINUTES APPROVAL OF THE TOWN OF QUEENSBURY PLANNING BOARD MINUTES OF JUNE 20TH, 1989 MINUTES AS SUBMITTED APPROVAL OF THE TOWN OF QUEENSBURY PLANNING BOARD MINUTES OF JUNE 21ST, 1989 AS SUBMITTED NEW BUSINESS SITE PLAN NO. 44-89 WR-lA KEN SEARLES BIRCH ROAD, GLEN LAKE FOR CONSTRUCTION OF ONE "L" SHAPED DOCK. (WARREN COUNTY PLANNING) TAX MAP NO. 39-1-33 SECTION: 4.020 D LOT SIZE: .20 ACRES STAFF INPUT Notes from John Goralski, Planner (on file) Warren County Planning Board approved. (on file) PUBLIC HEARING OPENED NO COMMENT PUBLIC HEARING CLOSED MOTION TO APPROVE SITE PLAN NO. 44-89 KEN SEARLES,Introduced by Joseph Dybas who moved for its adoption, seconded Peter Cartier: To approve as it minimizing the congested appearance of the shoreline. Duly adopted this 25th day of July, 1989, by the following vote: A YES: Mr. DeSantis, Mr. Macri, Mrs. Mann, Mr. Cartier, Mr. Dybas, Mr. Jablonski, Mr. Roberts NOES: None ABSENT:N one SUBDMSION NO. 13-1989 WR-lA PRELIMINARY STAGE TYPE: UNLISTED HERBERT TYRER ASK DRIVE TO SUBDIVIDE 5 ACRES INTO 3 LOTS. THERE ARE PRESENTLY TWO EXISTING HOUSES. ON THE TillRD LOT: A HOUSE WILL BE BUILT APPROX. (52 FT. BY 28 FT.) TAX MAP NO. 39-1-45.2 TAX MAP NO. 39-1-58.5 MARK BOMBARD REPRESENTING HERBERT TYRER MR. ROBERTS--Stated this was tabled some time ago. MRS. YORK-Noted that they had a submission and it was originally five lots and then it was reduced to four lots. At this point in time the submission is for three lots; its a new submission. 1 '- ~- ..-.I -"-/' STAFF INPUT Notes from Lee A. York, Senior Planner (on file) ENGINEER REPORT Thomas Nace, Town Engineer (on file) PUBLIC HEARING OPENED JACKL YN TUBA-Ash Drive across the way from the property under discussion at the moment. I just wanted to address the public information. That notice that was wrapped around the telephone pole I think was quite visible because we stopped and we looked at it. We also received a notice in the mail I like to know where I got it, it came to me certified, perhaps Mr. Tyrer or did someone else send this to me? Who sent this to me I like to know? MRS. YORK-The applicant is required to provide notice to all neighbors that are within 500 feet. MRS. TUBA-Perhaps that answers your other question. I, for one, did receive this notice okay. My only question was I didn't look at the tax map ahead of time is there a way I can see that? DISCUSSION AMONG STAFF AND MRS. TUBA REGARDING TAX MAP PETER MALLIE-Glen Lake directly across the street. We're concerned about beach privileges, right-of-way's to the lake and everything else like that because we have large driveways and we're not really interested in right-of-way's. We are opposed to beach privileges for anybody across the street. In the past it has happened like that. MR. MACRI-I think that to require an access to your property or anybody else's property would have to be something of. . . MR. PERKINS-I own the property right next to his. We've had a problem in the last couple of years with surface water coming down off the hill from that section. They came out a week ago Monday, and put a catch basin right by my driveway, but I don't think it's going to solve the problem. With another house in there we're going to have more runoff coming down from there to. We are going to have to do something about the runoff in that area up above. MRS. MANN-Who put the catch basin in? MR. PERKINS-The Town of Queensbury, but it's not going to solve the problem. MR. DESANTIS-Where is your property relative to this map? MR. PERKINS-My driveway directly across the road from the one they just built. They whole upper layer all drains right down and drains in my property, and then goes in his garage, and then it goes to. . .property next door. Last winter we come up on one weekend and couldn't get in there. It was all glare ice where it all goes down into our property. MR. ROBERTS-I suspect most of that is coming from the higher grounds above probably this particular. . .is not going to add to that I would think. Tom have you had a chance to look at this? MR. NACE-We have looked at the drainage. . . MR. PERKINS-Your going to have a lot more snow in that area and an extra house it's going to pile up and then you will have that extra runoff in the spring. Their's is all graded so everything is going to come over into our property. MRS. MANN-If it's rolling downhill and the snow is melting and it's coming whether there is a house there or isn't. It's doing it now is it not? MR. PERKINS-Yes. Where the property is it's not ditched on that side. All water on that side has to go over on our side because. . .drainage on that side. MRS. MANN-I suggest that the Highway Superintendent look at it. Have you contacted the Highway Department before now about this problem? MR. PERKINS-Yes, they came and put in the catch basins on Monday, but they didn't do anything about the other side. On top of that when you come off Canterbury Lane, our driveway is right there and we are getting water from this direction, water down off the hill and its all coming right in on our property. 2 "--" ,- ~- ../ ',~ MR. MALLIE-You don't seem to think that there is any problem if you put the culvert this way. The problem we seem to have now is because of existing conditions. The roads are plowed in the winter time, but not only the bank up on that side, but the snow removal for the homes on that side are going to cause a larger embankment in a concentrated area because the catch basins they have put in now are totally insufficient for that particular. . .are definitely going to come into our area because we are on a much lower grade. I know you have a topographical map it should be right on there. MRS. MANN-Where is your snow going from your driveway right now in his empty lot? MR. MALLIE-It goes right straight down. MRS. MANN-Where does your snow go, do you have a driveway. What do you do with it? MR. MALLIE-We push it down to the bank by the lake. MRS. MANN-His driveway is not going to be able to take care of his snow? MR. PERKINS-The one that they already just built he is going to have to push his snow out of that driveway right onto the road, right into our driveway. MRS. MANN-Why are you saying he is going to do this? MR. PERKINS-Where is he going to put it? MRS. MANN-That's his responsibility, but I don't think he is going to put it in your driveway. Our engineer says that there is no drainage that is going to come out of there anymore than there is now. MR. MALLIE-What is the basic purpose of the meeting in asking us to come over here tonight? MR. ROBERTS-We appreciate your input. MR. DESANTIS-Lee, after preliminary submission does the Highway Superintendent looked at these plans? MRS. YORK-Yes he does. MR. DESANTIS-I think it would be appropriate at that time after he looks at these plans. . .position created by the neighbors. .. We cannot put a drainage ditch in sir, that is the Town Highway Department. Those are the same people who put the catch basin in. If your not satisfied with what they're doing you should contact them. It would be brought up to them at the meeting in the meeting where the Superintendent of Highways is present or has a representative there and these plans for all subdivision are discussed. Staff can bring that up to him at that time and tell him that there is no drainage ditch catching any water on these lots and maybe he will be able to maintain a ditch for you. The developer can't do it because its not his property its a town road and we can't ask the developer to do it. MR. PERKINS-But still in all we have to sit there and let all this water. . . MR. DESANTIS-No sir, I just explained to you exactly what you can do if your concerned about it. You can contact the Town Highway Department, he will be notified of this application. Staff will tell him of your concerns. MR. PERKINS-Paul who? MR. DESANTIS-Paul Naylor. MR. ROBERTS-Staff will contact him anyway. Maybe there is something the applicant and the Highway Superintendent can do here to alleviate this. MR. BOMBARD-I'll contact Paul, and I'll take a look at the situation. I can not believe that the runoff from the north side of Ash Drive is the problem in particular. I think it must be coming down from the center of the road and from the south side of Ash Drive. If it is coming out of the drain a better drainage swale should be created down along the edge of Ash Drive. MR. MALLIE-The drainage problems in particular may be solved. They did a good job. They did explain that probably in the future that they would need to put a larger ditch along side. They will probably re-pave. He has already explained that quite well. I have confidence that will be corrected. What we're concerned about is the snow from the other side where they are going to be putting the snow next winter. We ask him a question about right-of-way to 3 ~ --/ \.. "----- - / '-~ the lake actually why we are here. MR. BOMBARD-The right-of-way for that parcel of land I believe is through the casino. MR. CARTIER-For those three lots there is one right-of-way? MR. BOMBARD-I'm not sure about his deed when he sells the other two lots. Lots one and three they will actually get access. He is retaining Lot 2 for his personal home. He has never spoken to me about lake access for the other two lots. MR. CARTIER-I think you may want to address that. MRS. TUBA-I believe Mr. Tyrer bought that property from Mr. Leyford, who used to own the casino. Probably he made some arrangements for right-of-way when he bought that property. I cannot comprehend how these people could have any right-of-way through private owners property. I'm not going to let anyone else from the other side come through my property without my permission. They have no right to come through. The only right-of-way it seems to me they would have had to been if there is a right-of-way would have to have been put into the deed when Leyford sold that property to Mr. Tyrer. I don't think the rest of the homeowners in the area should be concern about that problem. MRS. YORK-Mrs. Clark, has made me aware that she has a easement to her property which is not shown on your map. It should be shown in your final plan. LINDA WHITTY-Is it Mr. Tyrer's intent to sell off the property. I understand he is going to retain one house for his own personal use is he intending to sell off the other pieces? MR. BOMBARD-Yes he is. He is going to retain Lot 2, there is no house yet. He wants to build on Lot 2, and sell the other two. I believe one of them is going to his daughter. Okay, Thank you. RESOLUTION WHEN DETERMINATION OF NO SIGNIFICANCE IS MADE, RESOLUTION NO. 13-1989,Introduced by Peter Cartier who moved for its adoption, seconded by Keith Jablonski: WHEREAS, there is presently before the Planning Board an application for: Subdivision No. 13-1989, PRELIMINARY APPROVAL, Herbert Tyrer; 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,BEIT 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. A full Environmental Workshop was held on the project with the entire Environmental Assessment Form reviewed and a Negative Declaration was recommended at that time. 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.ll of the Official Compilation of Codes, Rules and Regulations for the State of New York, this Boards finds that the action about to be undertaken by this Board will have no significant environmental effect and the Chairman of the Planning Board is hereby authorized to execute and sign and file as may be necessary a statement of non-significance or a negative declaration that may be required by law. Duly adopted this 25th day of July, 1989, by the following vote: A YES: Mr. DeSantis, Mr. Macri, Mrs. Mann, Mr. Cartier, Mr. Dybas, Mr. Jablonski, Mr. Roberts 4 "-' -' "- .~~ / '~ NOES: None ABSENT:N one DISCUSSION HELD MR. BOMBARD-Is there anything else that I missed? MR. CARTIER-There is a two page note from Lee York. MR. BOMBARD-I will summit the erosion control measures that Mr. Nace wants. . MR. CARTIER-Would you feel better if they reposted a flat sign? MR. GORALSKI-It seems like all the neighbors were notified and are here. MRS. YORK-Our Ordinance clearly stipulates how it's to be set out. PUBLIC HEARING CLOSED MOTION TO APPROVE SUBDMSION NO. 13-1989, PRELIMINARY STAGE, HERBERT TYRER,Introduced by Peter Cartier who moved for its adoption, seconded by Keith Jablonski: With the stipulation that the concerns expressed by Lee York, in her notes to file be addressed in the final stage that the right-of-way to the lake be addressed if needed, and that the Highway Superintendent and catch basins be addressed. Duly adopted this 25th day of July, 1989, by the following vote: A YES: Mr. DeSantis, Mr. Macri, Mrs. Mann, Mr. Cartier, Mr. Dybas, Mr. Jablonski, Mr. Roberts NOES: None ABSENT:N one SITE PLAN NO. 45-89 TYPE: ß WR-lA PANKAJ K. DAS VIRGINIA DAS GOING NORTH ON ROCKHURST ROAD, THE FOURTH HOUSE FROM THE END, (RED HOUSE) MODIFICATIONI ALTERATION: TO BmLD A DECK ON THE EXISTING DOCK. (WARREN COUNTY PLANNING) TAX MAP NO. 15-1-19 SECTION: 4.020 D, 9.010 LOT SIZE: 10,000 SQ. FT. VIRGINIA DAS PRESENT STAFF INPUT Notes from John Goralski, Planner (on file) Warren County Planning approved. Stipulation that the deck not extend out over the land, and that access be from the dock only. (on file) DISCUSSION HELD MR. ROBERTS-Asked if Warren County Planning's recommendation was a problem? MRS. DAS-Stated the only trouble is that when you go onto the dock the land slopes down sharply. Thinks that it would help if they put the stairs attached to the land there instead of coming down onto the dock. MRS. ROBERTS-Doesn't believe that was one of the concerns of the County. MR. ROBERTS-Stated the application that they are looking at the deck did overlap the land by a few feet. MR. JABLONSKI-Believes that you could still do this if you shorten up that section. PUBLIC HEARING OPENED NO COMMENT PUBLIC HEARING CLOSED DISCUSSION HELD MR. CARTIER-Asked if she already received the variance? 5 ,--.,.-" '-I '" -- "- / '~ " MRS. DAS-Yes. MOTION TO APPROVE SITE PLAN NO. 45-89, PANKAJ K. DAS, VIRGINIA DAS,Introduced by Mrs. Mann who moved for its adoption, seconded by Keith Jablonski: To approve as applied for. Duly adopted this 25th day of July, 1989, by the following vote: A YES: Mr. DeSantis, Mr. Macri, Mrs. Mann, Mr. Cartier, Mr. Dybas, Mr. Jablonski, Mr. Roberts NOES: None ABSENT:N one SITE PLAN NO. 46-89 WR-lA TYPE: n JAMES B. AYERS EAST SHORE OF WARNER BAY ON LAKE GEORGE FOR RECONSTRUCTION OF THE TWO DOCKS WITH ADDITION OF A BOATHOUSE. (WARREN COUNTY PLANNING) TAX MAP NO. 19-1-42 SECTION: 4.020 D LOT SIZE: I ACRE APPLICANT NOT PRESENT MR. MACRI-Feels that this doesn't require an explanation. MR. ROBERTS-Feels that they should address this. PUBLIC HEARING OPENED NO COMMENT PUBLIC HEARING CLOSED STAFF INPUT Notes from John Goralski, Planner (on file) Warren County Planning approved. (on file) MOTION TO APPROVE SITE PLAN NO. 46-89, JAMES B. A YERS,Introduced by Victor Macri who moved for its adoption, seconded by Frank DeSantis: To approve as it meets the intent of our Board. Duly adopted this 25th day of July, 1989, by the following vote: A YES: Mr. DeSantis, Mr. Macri, Mrs. Mann, Mr. Dybas, Mr. Roberts NOES: Mr. Cartier, Mr. Jablonski ABSENT:N one SITE PLAN NO. 47-89 TYPE: n WR-lA ROBERT ECKARDT ASSEMBLY POINT ROAD, NORTHERLY ALONG ASSEMBLY POINT ROAD, 1 MILE, FIRST HOUSE ON WATER (GRAY), ADJACENT TO TOWN WATER STORAGE TANK (BLUE). FOR CONSTRUCTION OF A BOATHOUSE WITH A SUNDECK ON TOP U8 FT. BY 30 FT.) OPEN SIDED. WILL BE ADDED ON SIDE OF EXISTING STAKE DOCK. (WARREN COUNTY PLANNING) TAX MAP NO. 8-2-6 SECTION: 4.020 D LOT SIZE: .21 ACRES ROBERT ECKARDT PRESENT STAFF INPUT Notes from John Goralski, Planner (see attached) Warren County Planning disapproved. Denied based on the fact it was an overuse of the property on the fact of what was presented to the Board. (on file) DISCUSSION HELD MR. ECKARDT-Stated he was not notified of the Warren County meeting. Didn't receive the letter and the phones at the town were out for three days. He spoke with Mr. Hague, of the Warren County Planning Board. When they came up to review the boathouse they thought that a three foot section up on the top deck was going to connect the boathouse which it isn't. Mr. Hatin, has been up there when this was just a working area when I built the boathouse 6 ~ '-- -' ,/ ...--/ which he did approve. There will be steps coming up from the bottom. MR. GORALSKI-Stated Mr. Eckardt, is in compliance will all the previous Board decisions that have been made on that. MR. ECKARDT-Has a permit from the Lake George Park Commission which he did get last February. Sent a letter to Warren County which they were going to send to you. Spoke with Patricia Tatich, asked if she contacted them. MRS. YORK-Spoke with Patricia Tatich, didn't indicate that a letter was coming over to me. She just explained to me exactly what we have here, that it was an overuse of the property. MR. ECKARDT-Stated that Mr. Hague, told him that they didn't understand the plans that's why they voted no. PUBLIC HEARING OPENED NO COMMENT PUBLIC HEARING CLOSED DISCUSSION HELD MR. CARTIER-Asked if he was saying that the stairs will lead from the dock to the deck? MR. ECK ·ARDT-Right. MR. DYBAS-Asked if he had any plans for the deck eventually? MR. ECKARDT-No. The boathouse goes right to the water line from here (refers to map) to the top deck is 3 feet. Would either have to put a 3 foot walkway or stairs going down. MR. DYBAS-Asked how many docks is he going to have? MR. ECKARDT-Two. MR. JABLONSKI-Asked which one they we're talking about a walkway or a set of stairs? MR. ECKARDT-Stated which ever one he could do. Prefers the walkway. MR. GORALSKI-Stated according to the determinations of our Zoning Administrator, and the Adirondack Park, if the deck attached to the house is attached to the deck on top of the boathouse, it is an extension of the deck that's attached to the house and therefore would require a setback variance. MR. ROBERTS-Stated then they would go with the stairs. MOTION TO APPROVE SITE PLAN NO. 47-89 ROBERT ECKARDT,Introduced by Peter Cartier who moved for its adoption, seconded by Keith Jablonski: Approve with the stipulation that the stairs be constructed from the 5 foot 4 inch wide dock to the deck and that no stairs lead from the upper deck to the top of the boathouse. Duly adopted this 25th day of July, 1989, by the following vote: A YES: Mr. Macri, Mr. Cartier, Mr. Jablonski, Mr. Roberts NOES: Mr. Dybas ABSTAIN:Mr. DeSantis, Mrs. Mann DISCUSSION HELD MR. GORALSKI-Suggested that they check with the Town Attorney to determine whether the abstention could count up to the majority. PAUL DUSEK-Has to check this. AWAITING COUNCIL'S DIRECTION ON THIS MATTER SITE PLAN NO. 48-89 TYPE: UNLISTED HC-lA STEVEN AND DONNA SUTTON ROUTE 9, -l MILE SOUTH OF THE GREAT ESCAPE, ACROSS FROM AGWAY BETWEEN EXISTS 19 AND 7 -- -' .~- -- ---" 20 OF 1-87 FOR CONSTRUCTION OF A NEW GARDEN CENTER, FLORIST PLUS FURNITURE SALES. (WARREN COUNTY PLANNING) TAX MAP NO. 68-1-15 SECTION: 4.020 K LOT SIZE: 7 ACRES STEVEN SUTTON PRESENT/JIM MILLER ARCHITECT STAFF INPUT Notes from Lee A. York, Senior Planner (see attached) Letter from Dave Hatin, Director of Building and Code Enforcement. (see attached) ENGINEER REPORT Thomas Nace, Town Engineer (see attached) DISCUSSION HELD MR. NACE-Refers to comment #1 of the engineer report. Stated if he is going to get 1,000 gallons you are going to require a spedes permit. You might want to consider taking out some of that store area even if it's 100 square feet to get under the spedes permit requirement. MR. SUTTON-Asked if it was noted that this is for employee's only? MR. MILLER-Stated that there was going to be just one toilet a laboratory for employee use only. MR. NACE-Then this is okay. Recomended that the rest of these things be resolved before approval. Important ones are the parking lot circulation, the number of parking spaces, and the grading around the building we will have to see that presented a little more clearer. MR. CARTIER-Asked what the expansion was? MR. SUTTON-We've been running out of green houses so we're putting a decent building up there to run the same business out of. Our feeling is that it peaks in the May, June, time frame and that's before the July, August heavy traffic on our property. We don't feel that's really going to have a big impact on business that were doing already. MR. CARTIER-Stated you have to take the whole site and figure out the retail floor space and go from there to make sure you have adequate parking. MRS. MANN-Asked what the difference was between retail as opposed to commercial and shopping center? MRS. YORK-Stated Dave Hatin, reviewed these plans and it he did considered them to be strictly commercial. MR. SUTTON-Noted that Warren County Planning did address the problem with entrances and exits. Since being at the Warren County Planning Board, I re-striped the parking spaces. I've started to put arrows to try to get the flow of the traffic better. It's already working, we've installed three more handicapped spots. We are trying to address all those problems. As to the drainage we aren't capable of dumping water on any of our neighbors because we're the low point of the area. MR. NACE-Stated he still wants to make sure. MR. DESANTIS-Feels that on the plan they have to show how much of the space is retail and how much is commercial. Doesn't agree that this is commercial. Asked can we close off one of the curb cuts. Asked staff if you have to get D.O.T. approval before you can close off a curb cut? MR. NACE-Stated that you have to get their work permit to do work in the state highway right-of-way. Doesn't think there is any question that they would allow you to close off a curb cut. MR. ROBERTS-Asked Tom about the soils being too quick for the leach fields? MR. NACE-Stated this would be for a D.E.C. approval of a leach pit type septic system, D.E.C. new regulations came into effect about a year ago. If he get under 1,000 gallons a day then he falls within your regulations and Health Department regulations. Stated this needs to be stated somewhere on the plans. The number of employees, estimated use, and size of the septic system based on that. 8 "--" " '-...- -- ./ ---..,/ MR. DESANTIS-Asked if the drainage area was big enough to have 15 inch pipes in there? MR. NACE-Stated he hasn't looked at the site of the pipes per flow considerations. Would guess that a 15 inch would be adequate, but there should be some calculations for this. MR. DESANTIS-Asked if the recharge basin will hold the water? MR. N ACE-Stated the calculations that they reviewed were not correctly done. MR. ROBERTS-Asked if the Board and staff still has a problem with the parking spaces? MRS. YORK-Asked Mr. DeSantis, that on the plan does he want retail and commercial. . . MR. DESANTIS-Stated he is trying to get a handle based on what we've got. MRS. MANN-Stated Sears Roebuck, is in a mall situation it sells furniture which he is going to do. MRS. YORK-Stated this is probably plaza commercial. It still would be considered commercial because of parking. MR. DYBAS-Stated that he can think of five things that Mr. Sutton has. Maybe by looking at that maybe this is why he determined it commercial. MRS. MANN-Asked what would be considered a mall? PAT COLLARD-Three. MRS. MANN-Stated he has the potential for a mall which is commercial. MR. SUTTON-Feels that the traffic is not going to be any greater, doesn't think deliveries are going to be any worse because we are already handling it. PUBLIC HEARING OPENED CHARLES MC NULTY-14 Twicwood Lane, we're kind of kitty corner to the back of the site. I think primarily we have a question do you foresee expanding your employee parking lot at all? MR. SUTTON-No. MR. MC NULTY-I think that this would be our main concern. We are not really impressed with what that did to the value of the property that is directly behind them. We don't want to see that happen behind us. Otherwise we have no problem to what they're proposing. PUBLIC HEARING CLOSED MOTION TO TABLE SITE PLAN NO. 48-89, STEVEN AND DONNA SUTTON,Introduced by Hilda Mann who moved for its adoption, seconded by Peter Cartier: That the following be provided before they appear before us again: That the employee bathroom facilities be identified. The 1,000 gallon septic system which would come under that so that it would meet the Town of Queensbury regulations. The access to Route 9, be changed to two road cuts. That the engineering is properly done. The erosion control measures be properly identified and the propose 4 inch drainage pipes be 15. That you adequately identify the sheeting and the amount of runoff that is going to be contained in that discharge basin so you know it's adequate. That the five handicapped spaces be identified and to show where the arrows are going as to the parking and stripping. Duly adopted this 25th day of July, 1989, by the following vote: A YES: Mr. DeSantis, Mrs. Mann, Mr. Cartier, Mr. Dybas, Mr. Jablonski, Mr. Roberts NOES: None ABSTAIN:Mr. Macri SITE PLAN NO. 47-89 ROBERT ECKARDT MR. DUSEK-Stated that there is a section of the law that says, in the event that you have a disapproval by the Warren County Planning Board, you cannot overturn that or your approval has to be by a vote of majority plus one of all the members of the Board. There are no exception 9 "- \ ',,-/ ~J or extensions. MRS. YORK-Stated if the Board would want to rescind their vote and consider a tabling of this application I can call the County tomorrow and ask if they will rehear it. MOTION TO RESCIND PREVIOUS MOTION REGARDING SITE PLAN NO. 47-89, ROBERT ECKARDT,Introduced by Peter Cartier who moved for its adoption, seconded by Keith Jablonski: To allow the applicant to have his application be considered by the Warren County Planning Board. With the agreement of the applicant that the application be tabled. Duly adopted this 25th day of July, 1989, by the following vote: A YES: Mr. Macri, Mrs. Mann, Mr. Cartier, Mr Dybas, Mr. Jablonski, Mr. Roberts NOES: None ABSTAIN:Mr. DeSantis FRESHWATER WETLANDS FW2-89 CURTIS L. MADISION, JR. HALFWAY BROOK, HAVILAND ROAD DIMENSIONS OF WETLAND: 300 FT. BY 750 FT. TAX MAP NO. 54-5-6.6 TO CONSTRUCT A SINGLE FAMILY HOUSE AND LEVEL LOT WITillN 100 FT. OF WETLANDS BUFFER. INSTALL ROADWAY AND BRIDGE THROUGH WETLAND IN THREE PHASES. PHASE I-FILL TO STREAM BANK: PHASE n CONSTRUCT BRIDGE: PHASE m-COMPLETE FILL TO REAR OF WETLAND. Request by applicant to have his application tabled. FRESHWATER WETLANDS FW3-89 WARREN COUNTY DEPT. OF PUBLIC WORKS NIAGARA MOHAWK POWER CORPORATION THE COUNTY OF WARREN PROPOSES TO WIDEN QUAKER ROAD FROM TWO LAND TO FOUR LANES INCLUDING A 16 FT. WIDE MEDIAN FOR LEFT TURNS FROM THE PINEVIEW CEMETERY TO ALBANY ENGINEERING, A DISTANCE OF 1.87 MILES. TAX MAP NO. 59-1-10 FRED AUSTIN OF WARREN COUNTY DEPARTMENT OF PUBLIC WORKS PRESENT MR. ROBERTS-Stated that D.E.C. issued a permit. MR. DESANTIS-Stated that it makes sense that whereever D.E.C. is a lead agency, and D.E.C. has issued a permit that we shouldn't have to review it. MR. ROBERTS-Asked Board how they felt about this. MR. ROBERTS-Stated that they have said before that we would like to somehow amend our Ordinance to say, that D.E.C. will look at the larger ones and will look at the smaller ones. FRED AUSTIN-Stated that the mitigated measures for this wetland permit was in fact worked through the Queensbury Town Board, and has to do with the Glenwood A venue, Hovey Pond project. MRS. YORK-Stated that they are requesting that anyone coming before us for a wetlands permit would have to apply for a D.E.C. permit and have that in hand before they come before this Board. MOTION TO APPROVE FRESHWATER WETLANDS PERMIT FW3-89, WARREN COUNTY DEPARTMENT OF PUBLIC WORKS,Introduced by Victor Macri who moved for its adoption seconded by Hilda Mann: That the Department of Environmental Conservation has accordingly approved this application. To make a recommendation that the Planning Staff work to amend the Ordinance so that any approved wetlands by D.E.C. not come before this Board. We will rely on D.E.C. to handle SEQRA in this matter. Duly adopted this 25th day of July, 1989, by the following vote: A YES: Mr. DeSantis, Mr. Macri, Mrs. Mann, Mr. Cartier, Mr. Dybas, Mr. Jablonski, Mr. Roberts NOES: None ABSENT:N one On motion the meeting was adjourned. Richard Roberts, Chairman 10