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1994-06-07 SP ------- '-- /----/ QUEENSl3lJRY PLANNING BOARD MEETING SPECIAL MEETING JUNE 7TH, 1994 INDEX Site Plan No. 21-94 Harold & Eleanore Smith 1. Site Plan No. 27-93 EXTENSION Daniel Bell Janet Huston Bell 2 . Subdivision No. 2-1994 REQUEST FOR MODIFICATION Pyramid Company of Glens Falls 3. Sit e P I a rf No. 1 7 -- 9 4 Steven Solimanto 4. 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. ~ ~ -...-I QUEENSBURY PLANNING BOARD MEETING SPECIAL MEETING JUNE 7TH, 1994 7:00 P.M. MEMBERS PRESENT TIMOTHY BREWER, CHAIRMAN GEORGE STARK, SECRETARY ROBERT PALING· ROGER RUEL JAMES OBERMAYER CATHERINE LABOMBARD CRAIG MACEWAN ~ EXECUTIVE DIRECTOR-JAMES MARTIN PLANNER-SCOTT HARLICKER STENOGRAPHER-MARIA GAGLIARDI NEW BUS INESS: RESOLUTION OF INTENT OF THE PLANNING BOARD TO BE LEAD AGENCY IN THE REVIEW OF SITE PLAN NO. 21-94, HAROLD & ELEANORE SMITH. RESOLUTION OF INTENT OF THE PLANNING BOARD OF THE TOWN OF QUEENSBURY TO BE LEAD AGENCY IN THE REVIEW OF SITE PLAN APPLICATION FOR HAROLD & ELEANORE SMITH RESOLUT ION NO.: 14 of 1994 INTRODUCED BY: RORer Rue! WHO MOVED ITS ADOPTION SECONDED BY: CraiR MacEwan WHEREAS, Harold & Eleanore Smith have submitted an application for a site plan review in connection with a project known as or described as an addition to an existinR home in a C.E.A., and WHEREAS, the Town 0 f Queens bury P I ann i ng Board des i res to corrunence a coordinated review process as provided under the DEC Regulations adopted in accordance with the State Environmental Quality Review Act (SEQRA), NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Planning Board hereby determines that the action proposed by the applicant constitutes a Type I action under SEQRA, and BE IT FURTHER, RESOLVED, that the Town of Queensbury Planning Board hereby indicates its desire to be lead agent for purposes of the SEQRA review process and hereby authorizes and directs the Executive Director to notify other involved agencies that: 1) an application has been made by Harold & Eleanore Smith for a site plan review; 2) a coordinated SEQRA review is desired; 3) a lead agency for purposes of SEQRA review must therefore be agreed to among the involved agencies within 30 days; and 4) the Town of Queensbury Planning Board desires to be the lead agent for purposes of SEQRA review; and BE IT FURTHER, - 1 - '-- ,-----,,' ~ RESOLVED, that when notifying the other involved agencies, the Executive Director shall also mail a letter of explanation, together with copies of the EAF with Part I completed by the project sponsor, or where appropriate, the Draft EIS. Duly adopted this 7th day of June, 1994, by the following vote: AYES: Mr. Paling, Mr. MacEwan, Mr. Stark, Mr. Obermayer, Mrs. LaBombard, Mr. Ruel, Mr. Brewer NOES: NGNE MR. STARK-The next order of business is DANIEL BELL, one year extension of Site Plan No. 27-93. It was originally approved June 14th, 1993. MR. BREWER-I've just got one question for Jim. Is that that? MR. STARK-Chiropractor, next to Mead's Nursery. MR. BREWER-Okay. All right. know which one it is. Okay. MR. RUEL-This one year extension would be from what date? MR. STARK-From June 14th. MR. BREWER-Lets make it to the end of the month. MR. MACEWAN-Why do you want to give hinl an extension? MR. BREWER-Why do l want to give him an extension? Well, it's an approved site plan. Why wouldn't you? MR. MACEWAN'-Well, his plan's up in the air right now. Why grant him an extension when you don't know that he's even, indeed, going to do anything? MR. BREWER-If he's not going to do anything, then we don't have anything to worry about. MR. STARK-According to his letter, the doctor that he hired didn't work out. They parted company. He still plans on hiring another guy. Maybe he will. Maybe he won't. MR. MACEWAN-His words, 11 hire. MR. STARK-Yes, if I hire. MR. BREWER-Well, if he doesn't, then next year we won't give him another extension. MR. OBERMAYER-He's already approved, the project. MR. BREWER-It was an approved site plan. MR. STARK-Yes, last June it was. MR. BREWER-Everything was wprked out. I don't see a problem with it. Why would you not want to give him an extension? MR. MACEWAN-I don't see any hardship here, and that's usually what we give them an extension for, due to a hardship factor. MR . STARK - Us u a II y , i s n 't i t jus t a ma t t e r 0 fro t e , normally just grant an extension? I mean, you know saying. You come in with a site plan extension. when what you I'm MR. MACEWAN-We usually give extensions for a hardship factor of one kind or ~nother. I don't see a hardship factor here. - 2 - , ',I.,;;, '- '-' -...../ MR. STARK-Have you ever turned an extension down? MR. MACEWAN-We did one 1 as t year. I wan t to say it was tha t development up off of Sherman Avenue, upper Sherman Avenue. MR. RUEL-Craig, his hardship is that his former associate left him. Therefore, he doesn't need the additional space. MR. MACEWAN-He doesn't even know if he does need it. MR. RUEL-He'd like to pursue and find a new associate, and that's why he wants the extension. MR. MACEWAN-I'm just voicing my opinion. MR. STARK-Well, say you don't grant him the extension, and then October, he comes in, you know, he's got to spend all the money again, come back in front of us for two, three months again. MR. OBERMAYER-For what, really, if it's been approved already. MR. BREWER-Well, if somebody wants to make a motion to approve the extension. MOT I ON TO GRANT A ONE YEAR EXTENS ION UNT I L JUNE 30TH. 1995 FOR SITE PLAN NO. 27-93 JANET HUSTON BELL, Introduced by Roger Ruel who moved for its adoption, seconded by Catherine LaBombard: Duly adopted this 7th day of June, 1994, by the following vote: AYES: Mr. Stark, Mr. Obermayer, Mrs. LaBombard, Mr. Ruel, Mr. Paling, Mr. Brewer NOES: Mr. MacEwan OLD BUSINESS: SUBDIVISION NO. 2-1994 FINAL STAGE MODIFICATION PYRAMID COMPANY OF GLENS FALLS OWNER: SAME AS ABOVE ZONE: ESC-25A LOCATION: AVIATION MALL REQUEST I S FOR A MODIFICATION TO A PREVIOUSLY APPROVED SUBDIVISION FOR A LOT LINE ADJUSTMENT. MIKE PIAZZOLA MR. PIAZZOLA-Mike Piazzola. Basically, quickly, the letter points out, what we did was, when we went for the original subdivision plan, we put the building on, planning that the building was going to be built. Unfortunately, the vestibule is being contemplated on the original plan you approved as the final plan, subdivision. When Dave went out and field surveyed the building, he came up with these jogs at the entrances of the building, which means that the lots that we created didn't encompass the vestibule. The vestibule were over those lot lines. The parcel that we got the pledge to Key Bank as collateral has to be the building footprint within a lot, a singular lot, which is Parcel Number Seven. So what Dave has done is he's taken the, all the parcels are the same size. He's just moved the south line of this parcel north, and bumped out the north line to encompass the front vestibule, and bumped out, t hat w 0 u I d bet h e we s t I i net 0 en c omp ass the we s t v est i b u Ie. So what this plan does is it's really an improvement on the one that we originally approved, because it actually field locates the building on the site. It's actually been (lost word) tied down. That's where the building's being built, and it also gives you the exact dimensions of the exterior of the building. So, it's actually a refinement of the final subdivision, and also depicts the vestibules and receiving dock more accurately than what we did when we went through the subdivision approval process originally. MR. BREWER-Okay. Any questions from anybody? - 3 - "-../ ~ ,-/ MR. RUEL-I just have one statement. If Planning Staff would ask for before and after type drawings, it would make it a lot easier understanding what this gentleman's trying to do, rather than give us a set~of plans showing the changes, but you'd have to have the old plans in order to see the difference. If you could ask that they mark it up in some way, so you could see the before and after. MR. OBERMAYER-Is this going to be the last revision? MR. PIAZZOLA-Well, there's one more thing to talk about, now that we're here. When Dave went to tie down the legal descriptions of all these parcels for our construction financing purposes, he found ~ 512 square foot parcel that was appropriated to New York State, at the intersection of the Aviation Mall entrance. So, rattler than come back next week, I told Dave to bring a plan that depicts this 512 square feet that was conveyed through New York State, and make that a lot line adjustment as well. DAVE BAGARDIS MR. BAGARDIS-They purchased that land from Pyramid in 1991 to put a traffic signal up. MR. PIAZZOLA-And when we went to the title company and said, are there any other changes in the title, or that we need to put on this revised plan, the title company said, no problem. Two days ago, Dave was going through all the title reports, and all the paper work, this 512 square foot parcel came up. We called the title company and said, why didn't you find this, and they said, it isn't there, and Dave said, it is there, pull up this deed, and they found a deed, and that's just another small lot line revision we' rea ski n g you to ma k e ton i g h t , and wit h the g r ace 0 f Go d , that'll be the last. MR. OBERMAYER-Have we got ten all our fill? sand? Okay. Have we gotten the MR. BREWER-Is there anything else, from anybody? MR. PIAZZOLA-So Dave's revised the mylar to reflect the vestibules, and the tie down of the existing and the new J.C. Penney building, as well as this 512 square foot parcel that was conveyed to New York State in 1991. Do you have the mylar with you, Dave? Okay. So, we can ask Tim, in his good graces, to sign it tonight, or we could come back tomorrow and have him sign it. MR. BREWER-I'll sign it tonight. offer a motion? Okay. Does somebody want to MOTION TO APPROVE SUBDIVISION NO. 2- 1994 FINAL STAGE MODIFICATION FOR THE PYRAMID COMPANY OF GLENS FALLS, Introduced by George Stark who moved for its adoption, seconded by Craig MacEwan: For two lot line adjustments. Duly adop~ed this 7th day of June, 1994, by the following vote: AYES: Mr. Stark, Mr. Obermayer, Mrs. LaBombard, Mr. Ruel, Mr. Paling, Mr. MacEwan, Mr. Brewer NOES: NONE SITE PLAN NO. 17-94 TYPE: UNLISTED STEVEN SOLIMANTO OWNER: TORRINGTON CONSTRUCTION ZONE: HC-IA, SR-IA LOCATION: RT. 149, EAST TO RT. 9L, LOCATED ON THE SOUTHWEST CORNER OF RT. 149 AND 9L. PREPARATION OF LAND FOR A FARMER'S MARKET ON A 3 ACRE PORTION OF A +25 ACRE PARCEL. TABLED TO MAY 26, 1994 TABLED TO JUNE 7, 1994 PAT AND STEVEN SOLIMANTO, PRESENT - 4 - '- "---' '-'" MR. MACEWAN-Okay. Our applicants are here, and they were going to update the Board on numerous things. Did you bring back your list? MRS. SOLIMANTO-I went over everything with Scott. everything. have MRS. MACEWAN-Okay. Why don't you fill in the Board as to where you left off, and what you accomplished. MRS. SOLIMANTO~Well, I made the parking lot bigger, like you asked. I got a letter from DOT. I didn't ask for an in and out. I simply asked for temporary access in, and he also said that I could also have a permit for 'the in and out on Ridge. The buffer has been changed on the side of Ridge Road, like you requested. I believe everything that you asked for is there. MR. RUEL-You widened your parking area? MRS. SOLIMANTO-Yes. MR. RUEL-Sixty feet? - MRS.SOLIMANTO-Yes. MR. RUEL-And the water wagon will be situated where? MRS. SOL IMANTO-Wher ever, is it, Dave? name. I can't remember his last MR. HARLICKER-Hatin. MRS. SOLIMANTO-Wherever he says it has to go. It has to be so far away from the septic, 100 feet, or something like that. MR. RUEL-But near the trailer. MRS. SOLIMANTO-Yes. MR. RUEL-- I see, in the wooded ar ea '? MRS. SOLIMANTO-Yes. Those are existing trees. picked that location. That's why we MR. RUEL-Where the trailer is and where the tank would be is about 10 feet down, isn't it? MR. HARLICKER-Yes. It's down in the depression. MRS. SOLIMANTO-It's, right, but that's going to be, when it's excavated by Russ O'Connor. MR. HARLICKER-So you're going to be doing a lot of site work on that? MRS. SOLIMANTO-They're going to be pushing that dirt back, so it fills it in more, and flattens it more. MR. RUEL-Will the preexisting two way driveway, will that be surfaced properly? MRS. SOLIMANTO-Yes, according to DOT. I believe, in his letter, he put, it will be upgraded. MR. PALING-Could we see the DOT letter? MRS. SOLIMANTO-It's not here? MR. HARLICKER-It should be attached. It's a memo. MR. OBERMAYER-It's right there. That's it. Herb Steffens. How do - 5 - -/ ,.-" you plall~ on identi fying the "in"? I mean, how do you plan on making sure people don't enter or leave from 149? MRS. SOLIMANTO-It's going to be posted "In Only", with an arrow. MR. RUEL-You've got One Way signs in the parking lot, right? MRS. SOLIMANTO-Yes. sign. That also (lost word) "In/Out" with a big MR. RUEL-You only have two of them, right? You've got One Way sign and you've got an "Out" sign, at the curve. MRS. SOLIMANTO-You know what it is? I didn't want to throw a lot of things in there to confuse you. MR. RUEL-You just have to make sure that all these people, because they're right next to 149, they'll get the idea they can go out there. They have to go this way. MRS. SOLIMANTO-Well, on the back of the One Way sign, I wanted to put "Out", you know, another type of sign posting that they cannot enter, you know, a double faced sign, no exit. MR. BREWER-Could I ask Where this curb cut is pillars are? you a ques tion? on Ridge Road, I was is that out there today. where the cement MRS. SOLIMANTO-Pillars are? Yes. MRS. SOLIMANTO-That, walked out there, from the center, right across from Johnnie Walker's place. That drops off, it's got to be six or seven feet from the road. Are you going to fill all that? MRS. SOL IMANTO-No. There's two dr i veways there. There's one closer to the intersection, where the pillars are, and then there's one further down, where the big drop is. MR. BREWER-Right. When I walked, I walked right where there's stakes there right now, okay. I presume that was where the parking was going to be? MRS. SOLIMANTO-Yes. MR. BREWER-All right. I walked out and paced it off, with about, I don't know, 200 feet, and there's further. Is that where the back line of the property vendors are going to be? and I carne up a stake out is, where the MRS. SOLIMANTO-Well, Russ O'Connor put the stakes in. him. We went wi th MR. BREWER-Okay. I just wanted to clarify if that's the back, is that line where that stake is, this vendor parking area? Because if it is, it's not 250 feet, I guess is what I'm trying to get at. MRS. SOLIMANTO-I don't understand what you mean. MR. BREWER-All right. I walked from here, and there was a stake back here. walked back, and MRS. SOLIMANTO-That's 200 feet back. MR. BREWER-Right. vendors are, or is going to park? Is that going to be the back line of where the that the back line of where the vendors are MRS. SOLIMANTO-That's the back line of where the vendors are, and then the vendors park behind that. - 6 - \..... "-' .--....1 MR. BREWER-So you've still got another 50 feet behind that stake? MRS. SOLIMANTO-Yes. MR. BREWER-Okay. and 1 eve lit? Now my question is, are you going to fill that MRS. SOLIMANTO-Yes. MR. BREWER-Because that drops. MRS. SOLIMANTO-Where there's a slope, Russ is going to come in and he's going to push the dirt that's on the top, because he said it's too soft to lay the stone. It would just sink. He's going to push it back so it levels it out. MR. PALING-Are you saying you're going to fill it, or just try to regrade it? MR. BREWER-There's a six foot drop. I went back there where that stake is, and I went down below that, another 25, 30 feet, okay, and you couldn't see the top of my head from 149. So that drop is approximately. MRS. SOLIMANTO-You must have gone too far back. '" MR. BREWER-I went to the stake, and then I took another 20 steps. MRS. SOLIMANTO-Maybe somebody moved the stakes. MR. BREWER-1'm just trying to clarify, in my head. MRS. SOLIMANTO-Where the drop is we're not using. MR. BREWER-So there's going to be nothing back where the drop is? MRS. SOLIMANTO-The mobile trailer. That's where the trees are, in that section back there. MR. BREWER-Well that stake, on this paper, is here, and what I'm trying to say to you is, that's 10 foot below where this is. Those trees out here are where that trailer is going to be. MRS. SOLIMANTO-There is a drop right over in here, a slope. He's going to push that dirt right back. MR. BREWER-And fill that six feet? MRS. SOLIMANTO-There's a lot of dirt there, a lot of dirt. I don't know if you saw the big mountains of dirt there. MR. BREWER-Yes, I did. There's piles of them right over here. MRS. SOLIMANTO-Yes. There's big mountains of dirt. MR. BREWER-He's going to use that dirt to fill that in? MRS. SOLIMANTO-Whatever, whatever's necessary. MR. BREWER-So, that that's somewhat level? MRS. SOLIMANTO-Yes. MR. RUEL-Wi II you have a sign? MRS. SOLIMANTO-Yes. MR. RUEL-What will the sign say? MRS. SOLIMANTO-"149 Farm To Market". .- 7 - --/ --- .-' MR. RUEL-Why do you call it a farmers, when it's? MRS. SOLIMANTO-Farm To Market, because it's going to have a variety of things, from produce to crafts. MR. RUEL-It's mostly a flea market. MRS. SOLIMANTO-A flea market is a different type of thing. MR. RUEL-The last time, on your plan, you had a list of all the vendors. MRS. SOLIMANTO-Yes. You still have that list. MR. RUEL-I didn't see any vegetables anywhere. MRS. SOLIMANTO-There was vegetables there. There was produce. MR. MACEWAN-Two or three. MR. RUEL--Primarily it's arts and crafts and that type of thing, right? MRS. SOLIMANTO-It will have that, yes. MR. RUEL-Farmers Market is misleading, to me. MRS. SOLIMANTO-The Washington County, did Washington County just h a v e, was i tin G r e en w i c h, I don' t k now i f you' rea 11 f am i I i a r wit h it? MRS. LABOMBARD-Their crafts thing, last weekend. MRS. SOL I MANTO- I t market, or a real, was a t the, wou I d you like a craft festival? consider that a flea MR. RUEL-Crafts. BETTY MONAHAN MRS. MONAHAN-Excuse me, but that is a juried show. pass criteria to get into that. You have to MR. BREWER-Okay. MR. RUEL-So this is retail sales. MR. MARTIN-I have a concern about that office is mobile home, you're saying? MRS. SOLIMANTO-Mobile office. MR. MARTIN-Mobil office? .. MRS. SOLIMANTO-Yes. MR. BREWER-It's going to be a trailer. A construction trailer? MRS. SOLIMANTO-Yes, aversatile, I believe that's how you pronounce it. MR. MARTI N·- I don' t k now i f a s t r u c t u r e use din t hat cap a c i t y, I was of the understanding you were going to make this a fixed building. MRS. SOLIMANTO-You asked me if it was on wheels, and I said yes. MR. MARTIN-l didn't ask you that. MRS. SOLIMANTO-And I asked if that would be okay, because we had discussed RV's, using an RV. - 8 - ,-. , '--" '-" MR. MARTIN-An RV is different than a mobile home, though. MRS. SOLIMANTO-It's a field office, the same as you have at Aviation Road. MR. MARTIN-Yes, but this isn't a construction site. It's not a field office for a construction site. That's the only capacity in which those are allowed in the Town. I'd rather see it as a fixed structure, if we could. MR. RUEL-Take the wheels off. MR. MARTIN-Well, something with a foundation. MR. BREWER-Yes, but if then they do that, Jim, they're leasing it for a period of three or four months at a time. MR. MARTIN-I understand, but I don't want to go into a situation where we've got a mobile home, you know, mobile homes aren't allowed. The only time you have a field office is if you have a construction site. MR. OBERMAYER-Well, system. You might really, right? they' res pend i n g money to ins t a II a s e p ti c as well make ita structure more permanent MRS. SOLIMANTO-We're doing this strictly for the bathroom. Everybody wanted the bathroom, and this is the only way we can cOloe up with the bathroom, other than renting an RV for $700 a week. This is why we picked the area that has the trees. It won't be standing out there, like a sore thumb. Do you know what I mean? It's set way back. MR. BREWER-You said you're going t.o have a 500 gallon tank for water? MRS. SOLIMANTO-Yes. MR. ßREWER-Where's the tank going to be? MRS. SOLIMANTO-It's going to be in back of the field office. MR. BREWER-Okay. How often is that going to have to be filled? MRS. SOLIMANTO-We don't know. MR. SOLIMANTO-It depends on how much it's used. It's only going to be for the vendors. MR. BREWER-You must have a projection, as to how much it's going to? MR. SOLIMANTO-I don't know how much they'll be hoping that they won't be using it all that much. they'll stay where they're supposed to stay. using it. I'm I'm hopirig that MR. BREWER-How is the water truck going to get In there to fill it? MRS. SOLIMANTO-The parking lot. I mean, we'd be willing to make modifications next year, but for this year, we're trying to put in a bathroom, like you would like. We're asking for a temporary access on 149. We're not asking for a permanent. We don't even know if we're going to have l.Q vendors. It's very late in the season, and to rent a field office, and to bring in a water tank, a water tank's eight dollars a day, just to hold it. Then we're putting in a septic. MR. RUEL-If you can't have a field office, as Jim mentioned, where do we go from there? - 9 - '''-....-/ -~- ~ MR. BREWER-They have to put a building on. MRS. LABOMBARD-But they're not using it as a home. It's being used as a bathroom. So it's not really a mobile home. MR. MACEWAN-Why couldn't they have a field office, Jim? What's the reason? MR. MARTIN-Well, I think it sterns from the concern over the appearances of the mobile homes, no matter what capacity they're used in. MR. MACEWAN-It's not a mobile home. MR. MARTIN-I know that. MR. MACEWAN-There's a difference between the two. MR. MARTIN-But it has the same effect as being one. MR. MACEWAN--How do you figure? MR. MARTIN-Because it's placed on the land, as a mobile home would. . It's going to be there 24 hours a day, for a period of time. MR. MACEWAN-Well, how do you handle it for some of these shopping plazas going up? MR. MARTIN-They're specifically allowed in that case. cited case in the Ordinance. Tha t 's a MR. MACEWAN-Do they need a variance to put that in then? MR. MARTIN-Well, for a mobile home, yes. I don't see where that's, I was of the opinion this was going to be something on a slab, or a structure on a slab, or something like that. MR. OBERMAYER-Is this an area that's designated for mobile homes? MR. MARTIN-No. The only one is on John Hughes' property on 149. MR. RUEL-Would they require a foundation, if they took the wheels off of it? MR. MARTIN-Generally, it involves a type of construction that's involved in the structure itself. A mobile home is an aluminum frame and all that, and that's what kicks it out. MR. MACEWAN-Well, how did it work with Granger, where he had the two construction trailers located on his property over there, where he was using them as office space? He did for a long, long time. MR. RUEL-Yes, but no construction, on Luzerne. MR. MACEWAN-Nobody caught him. MR. BREWER-No, on the contrary. He came in for site plan review. It was approved. That was Light Industrial area, but that was, maybe mobile homes are allowed there. MRS. SOLIMANTO-There is a mobile home park not far from this. MR. OBERMAYER-Yes. There is a mobile home park right in that area. MRS. SOLIMANTO-Not far, like a quarter of a mile. MR. RUEL-Why do you need this office? MRS. SOLIMANTO-For the bathroom. - 10 - ~.. ..\ . , \--- . _. ...........,. MR. RUEL-Okay. How about bathroom facility structures? Are they allowed? MR. MARTIN-Not porta-potties. MR. RUEL-This is not portable. MR. MARTIN-I'm saying a fixed, framed structure, that's permitted, but not a mobile home. MR. OBERMAYER-Why don't they just call it bathrooms. Don't call it a mobile home. MR. BREWER-No matter how you look at it. MR. MARTIN-It's the type of construction. MRS. SOLIMANTO-I don't want to start building. I want this to be successful. I'm putting a lot of money into it, hoping and praying i tis . MR. RUEL-How about a prefab shed? Would that be allowed? MR. MARTIN-As long as they've got something that meets the qualifications of a fixed building, not a mobile home. MRS. LABOMBARD-You mean those Pennsylvania Dutch sheds? MR. RUEL-No, from Crossmans or one of those places, a large one, 10 by 20, or something like that. MR. MARTIN-The definition of a building is something with a roof and a frame structure. .. MR. OBERMAYER-Well, then is she under any requirement to even have any bathrooms, then? Why are we? MR. BREWER-The bathrooms stem from the amount of people that are going to be there, and we asked what kind of a facility they were going to have. Then they came up with the idea that they'd put a trailer in there and with a bathroom in it. That's where it stems from. MRS. LABOMBARD-Well, you know, this is just a pilot type of project, really, and you don't know if it's going to even go. So, it's like, how long is this lease going to extend to? MR. BREWER-It doesn't make any difference, Cathy. MRS. LABOMBARD-Bu t I mean, wha t I'm say i ng is, for nex t year. Then if this goes, and we realize that it's going to be, maybe we would let them. MR. BREWER-I understand what you're saying, but we can't go against the zoning. If it's not allowed, we can't allow it. We don't have the authority to allow it. MR. RUEL-We can't allow something, even if it's temporary. MRS. LABOMBARD-I understand. MR. PALING-Well then the other possibility would be to waive the requirement for a restroom or bathroom facility. MRS. MONAHAN-Only the Town Board can waive sanitary requirements. MR. PALING-What is the sanitary requirement? MR. OBERMAYER-Yes, but who says it was required to begin with? MR. BREWER-I don't think that there's a requirement for that here. - 11- "-, ----./" -.-/ I mean, there was a concern that we had, the amount of people that are going to be there, the amount of time. MR. PALING-That was our. MR. OBERMAYER-We asked for that. MR. PALING-Maybe it's a Town requirement. I don't know. MR. BREWER-No, it's not. I don't think so, but I think that there should be some kind of a facility, whether it's Len and Peg's, or whatever it is. MRS. LABOMBARD-Yes, agree. MR. OBERMAYER-She can construct a facility. MR. MACEWAN-The first meeting we decided that that's what we wanted of the applicant, because of the uncertainty of safety for people going across the street. Because it was suggested that people go across the street to Stewarts and use it, and we certainly didn't want pedestrians going across 149, let alone Route 9, and that's why we were looking at (lost word). MR. BREWER-Okay. speak? Any more questions, before we let the public MR. OBERMAYER-Yes, as far as the frontage on 149, what's the distance from the light to your entrance? Is it 621 feet? MR. HARLICKER-No, that's the frontaRe. MR. OBERMAYER-Okay. What is that distance? don't see a dimension. Is it 100 feet? MRS. SOLIMANTO-Did you find it? MR. OBERMAYER-It's, like, 400 feet? MRS. SOLIMANTO-Yes. MR. OBERMAYER-Four hundred feet. .. MR. PALING-It would be 400 feet to the existinR entrance. MR. BREWER-Okay. Anything else? MR. PALING-Regardless of what we do with the bathroom facilities, my major reservation is about traffic, and the problem it's going to cause, and I think we've got to look at that very carefully, not only from the standpoint of this one business, but for other businesses that might apply, and we've got a situation here where they've got, right now, five businesses in the real immediate area, another restaurant a little bit down on 149, and I don't know, can we keep approving new businesses, right in the middle of existing ones, and adding to the traffic problem? And that's my major reservation about this, the congestion. MR. BREWER-Okay. MR. PALING-And are the DOT, I didn't even know it was a DOT letter. I thought they'd give us a little bit more detail on what their reasoning is to allow that kind of a curb cut on a road like that. MR. BREWER-Okay, George, have you got Pat Crayford's letter? MR. STARK-Yes. MR. BREWER-Do you want to read that in? - 12 - "- "- . '-"" MR. STARK-"To: Queensbury Planning Board From: Pat Crayford Re: Proposed Vendor Market, Rt. 149 Date: June 6, 1994 "I read with great concern that you are considering an application for a 60 vendor market at the southwest corner of Ridge Road and Rt. 149. As a planning board, it is your responsibility to approve such site plans and their uses if they meet requirements for such approval, i.e., use would be in harmony with the location and character of the district. Can you honestly approve a glorified flea market on Rt. 149, a 2-1ane over-used dangerous highway. ... ..a highway used mainly by tourists who would be puzzled seeing a flea market with portable sanitary facilities located at the gateway to the Adirondack Park!! Approval of Wal Mart and K Mart was premature considering their proximity to fail safe intersections. When is it going to stop? Queensburyroads cannot sustain new businesses and you have the power to control this. Please do not compound the existing public hazard that exists along that entire route, not only to visitors but to persons residing in the area. In fact nothing more should be approved on Rt. 149 until the study is complete and the road widened. My observations are first hand in that I often traveled the entire length of Rt. 149, recently, visiting my father in law in a Granville nursing home. Unfortunately I have to be out of town tomorrow, or I would share my concerns in person." MR. HARLICKER-I've just got some brief comments, here. STAFF INPUT Notes from Staff, Site Plan No. 17-94, Steven Solimanto, Meeting Date: June 7,1994 "This project has evolved from what originally was viewed as a farmers market into what could best be described as an arts and crafts or flea market. Even though the proposal is being reviewed as retail sales, there has been some concern raised regarding proper advertising of this project given the change in what will be sold on the site. Staff would also like to reiterate its concern regarding access off of Route 149 and the preference for access only off of Ridge Road." MR. HARLICKER-And Tim grading and the actual also brought (lost word). up the concerns regarding MR. MACEWAN-Are you suggesting that we re-advertise the meeting? MR. HARLICKER-It was just a concern that has been brought up. I'm not advocating one way or the other. MR. BREWER-How was it advertised? MR. HARLICKER-It was advertised as a farmers market. advertised as preparation of land for a farmers market. I twas MR. MACEWAN-Is that what the original application asked for? MR. HARLICKER-Yes. MRS. SOLIMANTO-The original application? MR. MACEWAN-Yes, that was submitted to the Town. MRS. SOLIMANTO-I have it. MR. BREWER-Description of Project, Preparation of land for multiple vendors. MRS. SOLIMANTO-That's what I have on the original application. MR. BREWER-I've got the original application. There's no date on this, when it was received. MR. MARTIN-I stamped the file copy, Tim. - 13 - '---' ,/ ~ ~---' MR. BREWER-So, if it was advertised for anything other than what it says on the application, it's not their fault. It's our fault. Right? MR. MACEWAN-That's the way 1 would perceive it. MR. PALING-I would think so, yes. MR. MARTIN-It's the Board's discretion on that one. MR. BREWER-I think that I s a dead issue. Okay. Do we want to open it up to the public? I'm going to ask everybody that speaks if they would please, if they have any J1ew information, bring that up, but lets not reiterate what's been hashed over for the Last three weeks, or month, or whatever it's been. If anybody cares to speak? PUBLIC HEARING OPEN ROBERT MARTINDALE MR. MARTINDALE-Robert Martindale. I live on 149. Are you leasing the whole 25 acres, or just part? One question. What is the actual size of the parcel? Is.it 621 by 250? If it is, on the· drawing that I got last time we were here, they've got 621 by 250, and then they've got the mobile of f i ce beh i nd the 250. I f my calculations are right, that's over three acres, and I thought it was just a three acre parcel. It's 3.56 plus what they need for their mobile office. If grass is going to be planted in the area to keep the dust down, how are they going to be able to get grass grown this late in time, and keep it going so that it'll keep the dust down? Vendor parking area, how big? All it shows is just a little X'd off area, here, and if there's going to be 60 vendors, you need 10,800 square feet, which would be 9 by 20 lots. Is that park big enough? And if they're going to have motor homes in there, or trucks with trailers carrying their wares, they're going to be taking up more than one spot. How many actual vendors are there? I believe there was 60, but I'm not quite sure. I-low are the vendQrs going to get their wares to their actual spot? Is there enough room in between spot's for them to, is everyone going to drive down through those areas, or are they going to have to carry it from the parking lot to their actual booth? And, as far as the entrance to the property, everyone should be entitled to be able to get onto their property, but seeing that they have a Route 9 access and a 149 access, I don't think they're losing any rights, because they are not being denied access because of the Ridge Road entrance. That was it. MR. BREWER-Okay. Thank you. Anybody else? PEGGY HARRIS NOBLES MRS. HARRIS NOBLES-Not within 500 feet of the applied applicant for the flea market, but a resident of Ridge Road, and it may be reiterating some of the things that have been brought up, but I thoroughly agree with the letter that this lady wrote, because my concern is, being a lifetime resident of Ridge Road, and driving it every day to work, the traffic condl tions that we already have, that exist on Ridge and 149 every day, at all hours, because I'm a medical technologist at the hospital and have been on that road va r i 0 u s h 0 u r s day and n i g h t, and i tis a big con c'e r n 0 f m i n e, a b 0 u t the exit and entrances, and onto Ridge and 149, to create more traffic problems, which we already have, and the aesthetic value of what would be there. I'm not against anyone having craft fairs or flea markets or anything, because I'm probably one of the biggest people in the Town of Queensbury that attends them, but I do not think that that isLhe area for one, and the way that it is being applied for. I have been to several throughout our nation, and there can be really nice ones, but with what I'm hearing, and have heard, I don't think this is what the Town of Queensbury wants, or the residents of us in the northeast part of the Town want people - 14 - .,- \.'-' .--- coming into that area of our Town and seeing. our property on Ridge. People are moving out and they're concerned, and I've talked to other Ridge, and they're very concerned. We try to keep up in the North Forty, people living along MR. BREWER-Thank you. Is there anyone else who'd care to speak? JOliN WALKER MR. WALKER-Tim~ my name is John Walker. I just have a question on this water wagon. How are we transferring the water from said water wagon to bathroom fixtures? Are we going to gravity feed it? Are we going to pump? How is that going to be done? Especially when we have no electric facilities. That's all I have. MR. MARTINDALE-I've got one more thing, too. The other thing about the motor homes in there, there is (lost words) generators because of the noise. Almost every motor home out there has got a generator of some sort, a lot of them do. Are they going to be permitted to use that generator for air conditioning in the motor home, and for powering it, outside the motor home and inside the (lost word)? MR. BREWER-It was stated earlier there was going to be no generators. MR. MARTINDALE-Right, but a lot of people use a generator just to make electricity to do something on the property, where most motor homes, if they're going to be in there, a lot of them have them. Are they going to restrict them from using their air conditioners if it gets hot and they want to go in thei r motor home and turn the AC on, and they've got to turn the generator on? The other thing is, as an owner of property on 149, I don't think it's fair to restrict somebody from doing something on their property, if it's a permitted use, or something reasonable, just, they have to follow by certain guidelines that they have to follow by, that's all. So if it's a commercial zone and, you know, this is a commercial venture here, I don't want to go ahead and say, gee, I don't want this going in here, when I've been under site plan review to do something on illY property. I think it's a little hypocritical for me to say, don't put it there, but I want my own property to be used. So I think they should be able to have something there, but they've just got to follow by all the rules. That's all. Everybody else has to. MR. BREWER-Okay. Is there anybody else? - MRS. MONAHAN-Betty Monahan, representative of Ward One, in which this is located. Tim, I have some comments, and I will go right back to whether or not this was properly advertised, because I went through the file, ahd I did see the application for various retail vendors. I was told that, apparently, talking to the Planning Staff, they were given the impression this was going to be a farmers market. I am also looking at Warren County Planning Board, their minutes, or not their minutes, but their communication to you. The above application for a site plan review to prepare land for multiple vendors for farm to market operation. The letters went out to the neighbors. The advertisement went in the paper as a farmers market. Now I think a lot of people who might have been concerned over vendors market, were not concerned over farmers market, and probably did not show up because of that. Okay. I looked at your minutes and read those. Luckily I got them, I think, yesterday they were available. You all seemed to have started with the impression that this was a farmers market, and during the meeting, the slant seemed to keep changing all the while. So I think we do have a misleading advertisement and communication to neighbors, and we have to realize those people have rights. The rest of the Town of Queensbury have rights about what goes on in this community, and they have a right to be proper I y not iced. Okay. I th i nk somebody needs to check the - 15 - ./ ---/ Department of Health Regulations regarding public assembly, relative to sewer and water facilities, and I would remind you that you are charged, under 179-38 E., for site plan review, to review Number Six, the adequacy of water supply and sewage disposal facilities. Are there going to be food vendors there? If they're are going to be food vendors, that brings il1 some more Department of Health regulations. Where are people going to wash their hands? The safety of the roadway. You're going to have an "In" from 149. I'm coming from Vermont. I drive that road constantly. Sunday I was up and down that road three or four times. I was up and down it today several times for the Town. Tractor trailers, if you Gount them. I wish somebody would do a count, coming east to west on 149. Now I'm coming from Vermont. I see this flea market sitting there. I decide to turn in very quickly, on a two lane road. What do you think the accident ratio is going to be up there on t hat r 0 ad? You are c h a r g e d wit h pub lie sa f e t y . I wan t to ma k e sure when you look at this you can do.a right on red from 149 to Ridge Road, but the visibility will remain with that plan that you're looking al. From the minutes, this is planned to be open from Memorial Day to December. If the bathroom facilities that they're talking about, how is that going to be kept from freezing? Are they talking about keeping the dust down with chips? How often are those chips going to be renewed in order for that to be accomplished? Is there power coming in, and how is it? And has that traffic pattern been looked at for the adequacy of getting the fire trucks and the. size equipment we have now in the Town of Queensbury, and an ambulance in there, if necessary. Those are my comments. MR. BREWER-Thank you. MRS. SOLLMANTO-Excuse me. Before I forget, I'd like to answer one of those questions she brought up, because I thought it was very important. At the "In" access on 149, Herb Steffens stressed to me he did want an In access, especially for a fire truck. Especially for an ambulance. He said that was imperative. MRS. MONAHAN-They would turn in Ridge. They come from down below. MR. SOLIMANTO-There's a lot of concern about safety on 149. Mr. Steffens did say, they said there truly is concern for safety on 149. If somebody was to ask the speed limit to be lowered, he would lower it in a minute, consider maybe, 30, if they're so concerned. Whatever you guys suggest, I will do. MRS. MONAHAN - I can jus t te 11 you, from exper i ence , and th is happened many years ago, one of the people that live on that end of the road, near Fort Ann, was talking to the State Troopers. They drive that road at such speeds, they don't even start ticketing them until they're over 60. You can drop the speed limit all you want, but that's on a piece of paper. You'll have Troopers up there every day issuing tickets in order to keep that speed limit down, and if you don't believe it, go up there, watch those tractor trailer trucks, watch the people and tourists. Dropping the speed limit isn't going to solve that road. Reconstructing that road's going to solve the problem. MR. MARTINDALE-Bob Martindale again. On the Corridor Study, didn't they have an accident, accident count, as far as what were the worst sections of the road? Which section was the worst? MR. HARLICKER-I don't recall, off the top of my head. The highest rates were at Ridge, Bay, down by Oxbow Hill, were the three high places. I don't know in which order. MRS. MONAHAN-Scott, it seems to me one of the areas, and I don't k now from you r r e p 0 r t, but I i v i n g the r e , is, i n r e c e n t yea r s anyway, is the dip there by the Golf Course, which isn't too far from that. - 16 - \...- \. '-- / '-- MR. BREWER-Okay. MR. MARTINDALE-Oxbow Hi II, because of the trucks, Paul, tractor trailers are in the winter time going off the road? PAUL NAYLOR MR. NAYLOR-Yes. MR. BREWER-Okay. Is there anybody else that hasn't spoken who would like to? Wait a minute, lets let her answer the questions, if she can. MRS. SOLIMANTO-Gravity fence, for the bathroom. Being that the mobile office is going to set back a distance, there is so much land back there, especially if it has to go back 100 feet, and there's a lot of trees, that even if it is up, it wouldn't be noticeable. MR. BREWER-It's just, it's going to have to be higher than the trailer, then. MR. MACEWAN-It would be like a mini water tower. MR. BREWER-So then, how big is a 500 gallon water tank? MRS. SOLIMANTO-Two hundred and fifty size, an oil tank in your house, that's 250. MR. BREWER-The other questions were, lease. I guess that, I don't know where that's relevant, whether they're going to lease the whole property or not. What's that got to do with anything? MR. MARTINDALE- I didn't know if there saying you had to have under three acres was something in zoning or anything like that. MR. BREWER-Highway Commercial One Acre. acres. They're leasing three MR. MARTINDALE-Okay, but it's more us i n g ? 0 r doe s n 't t hat ma t t e r ? asking. It's just a question. than three acres that they're I t doe s n 't ma t t e r . I'm jus t MR. BREWER-Okay. Is there anything else from anybody on the Board? MR. RUEL-Yes. I highly recommend no access on 149, and I don't think we're going to get anywhere until we resolve the problem with the so called mobile office. If that's not resolved, I mean, what can we do with the application? And I think we sho~ld seriously consider re-advertising as multiple vendor, in lieu of farmers market. Those are mY suggestions. MR. PALING-It might have to be paid for by the Town, but if this is going to proceed, it should be done. MR. RUEL-I don't know what the procedure is. MR . PAL I N G - I don' t t h ink it' s the a p p I i can t ' s this way, but it could be the Town's fault. advertised. I agree, but who should pay, question. f au It it happened It should be re- think, is not a MR. RUEL-You brought up a good point, about the neighbors. MRS. MONAHAN-Well, even Warren County Planning Board, when it went to them. MR. BREWER--How many neighbors are within 500 feet, that haven't bee n not i fie d, Bet t y ? I' v ego t to de fen d t h emali t tIe bit, but I think you're wrong. - 17 -- .... '~ -,_/ ~. MRS. MONAHAN-Excuse It's not just neighbors. Neighbors we have to notify by law, but everybody in the Town of Queensbury could have an interest in this, and I'm talking about just the general public, also, when they see that in the paper. MR. BREWER-Yes, but the point I'm trying to, and {'m not trying to argue that everybody doesn't know, Betty, but the legal ad that they put in the paper is that big, with print that big, okay. There was an article in the paper, last week, stating exactly what this was. We've had three meetings. I mean, how far do we have to go to let people know Betty? MRS. MONAHAN--I just think that you've got to do this thing correctly. MR. BREWER-I think it has been done correctly. MRS. MONAHAN--Apparently, when it went to Warren County Planning Board, look at what this thing says. MR. BREWER-I read their application, Betty. MRS. MONAHAN-Their application, approving was a farm to market. but what Warren County was' MR. BREWER-I don't think we've even considered what Warren County has said" to be honest with you. MR. MACEWAN- I think, in all fairness, the advertisement, if we have another applicant who is in front of us for a site plan, and during the discussion with the applicant, that we see some modifications that we want to make in the site plan, that we don't make the applicant go re-advertise allover again. MRS. MONAI-IAN--Read your minutes and see how that evolved during those minutes. MR. BREWER-I agree with you, there. MRS. LABOMBARD-The very first meeting, I remember I made the point that, are you going to screen your applicants, and Mrs. Solimanto said, yes, and I said, well, what happens if you really need the extra money to, and things are a little tough, and you're not getting all the vendors in that you want, I said, and you have to kind of let your values down and bring in some flea market type of vendors, and I remember your saying, well, we would put those in a back, or in the center. They wouldn't be on the periphery. In other words, they wouldn't, she said, we wouldn't put them so that they'd be seen from the outside, to make the place look junky, or devalue the farm to market type of crafts concept that we wanted. I do remember that, and that's why, I know where you're coming from, but I thought that that first meeting we made that point and we got that straight. I could be wrong, though. MR. BREWER-Okay. Jim, any other conm1ents? MR. OBERMAYER-I have, my biggest concern is the amount of use that the area is going to be used for. I mean, we're looking at, possibly, like, 60 vendors, parking of 60, 70 cars, and I'm not sure if it's really been thought out, as far as " the impact on the intersection and 149, and Ridge Road, for the area. Also the mobile home. It just seems like we keep on getting bits of information. I just think it needs to be thought out a little bit more before we go filling tl1is area with a huge amount of traffic problems, plus vendors with RV's or septic systems. What are the RV's, where are they going to dump their bathrooms? MRS. SOLIMANTO-They'll have to take care of their own. I did make up a list of rules for the RV's. I did bring that in for you. I did everything that you asked. 18 - ',',:C; ',-, ~ - . MR. BREWER-A list of the other rules here? MRS. SOLIMANTO-Yes. Right here. MR. BREWER-That's for the RV's, isn't it? MRS. SOLIMANTO-Yes. They all have to park in the back. No one's allowed to stay on site. MR. BREWER-And,they are definitely, there's not a question, they're going to tear down every night? MRS. SOLIMANTO-Yes. MR. BREWER-All of them? MRS. SOLIMANTO-Yes. MR. BREWER--Okay. MRS. LABOMBARD-I don't know who brought the concern about, you're coming from Vermont, it was Betty, and then you decide, yes, look at that place, and you like, whip around and go in. I can see that happening. Every time I come from Hewlett's Landing, on the Farm To Market Road, I always say I'm going to stop at that Garden Center, right there on the right, next to Stewarts, and every time I say, I've got to make sure I'm going to stop there on the way back. They have the neatest stuff, and I never make it. I always am pas t. the p I ace, and the n I say, s h 0 0 t, but I a I way s t h ink I' m going to turn after I pass it, and that's what I am afraid. I think that is a real problem. You say, wow, that looks like a lot of fun, and then you're like, okay, lets turn around at the Queensbury Golf Course, and then we'll swing around and come back. So I can see exactly where you were coming from. MR. OBERMAYER-Also, when the vendors are breaking down and leaving the site, they'll be leaving at dusk, which is probably the worst time. MRS. SOLIMANTO-It'll be sooner than dusk, before it gets dark. MR. BREWER-Okay. I guess a motion is in order. MOTION TO DENY SITE PLAN NO. 17-94 STEVEN SOL I MANTO , Introduced by Craig MacEwan who moved for its adoption, seconded by George Stark: Referencing Section 179-31C, the health, safety and welfare of the Town and the public and the residents. Duly adopted this 7th day of June, 1994, by the following vote: MR. BREWER-I would suggest that if you're going to make that motion, you would use something in the Ordinance to substantiate it, specifically, if you would, please. AYES: Mr. Paling, Mr. MacEwan, Mr. Stark, Mr. Obermayer, ~ Mr. Brewer NOES: Mr. Ruel ABSTAINED: Mrs. LaBombard MOTION TO GO INTO EXECUTIVE SESSION TO DISCUSS PERSONNEL SITUATIONS, Introduced by Craig MacEwan who moved for its adoption, seconded by George Stark: Duly adopted this 7th day of June, 1994, by the following vote: AYES: Mr. MacEwan, Mr. Stark, Mr. Obermayer, Mrs. LaBombard, Mr. Ruel, Mr. Paling, Mr. Brewer -. 19 - ~.".#' ---' NOES: NONE MOTION TO COME OUT OF EXECUTIVE SESSION, Introduced by Craig MacEwan who moved for its adoption, seconded by George Stark: Duly adopted this 7th day of June, 1994, by the following vote: AYES: Mr. Stark, Mr. Obermayer, Mrs. LaBombard, Mr. Ruel, Mr. Paling, Mr. MacEwan, Mr. Brcwer NOES: NONE MR. MACEWAN-So whal are you asking of us? (TAPE TURNED) (DISCUSSION REGARDING WAL MART SITE) MR. MAR TIN - W ell, t hat's Her b S t e f fen sup i n War r" ens bur g . not Albany. Tha t ' s MR. MACEWAN-So, what are you asking of us? MR. MARTIN-Well, he wants me to write a letter saying that I say it's acceptable to the Town, that we have two signals that, all right, and I don't have that authority, obviously. He doesn't understand how things work. So I'm just going to the Board now, conceptually. It's going to have to come back for a revision when we get the act u a I p I an from DOT, but con c e p t u a II y , i s t his something that you think is an acceptable situatioll there? MR. BREWER--Over aligning Weeks Road? MR. MARTIN-Over what we've got up there now approved. MR. BREWER-Over what we've got there now, but not over the a I i g nm en t 0 f Wee k s R 0 ad, I don' t t h ink . MR. MACEWAN--Wha t do YQ.!! fee I? MR. MARTIN-No, no. Weeks Road would be realigned. MR. BREWER-But they're just going to get a building permit before it's aligned? MR. MARTIN-No. He wants to know if it's acceptable to the Board to have a realignment of Weeks Road, and then a signal there, and then a signal in front of the Queen Diner, with this integrated signal, and they pay for it. MR. RUEL-Is this an improvement? MR. MARTI N - I t h ink i tis. I think it's a big improvement. MR. RUEL-I think so, too. MR. MACEWAN-Paul, what's YQ.!J.L feeling on it? MR. OBERMAYER-That's a tough intersection, right there. PAUL NAYLOR MR. NAYLOR-The problem before is Mrs. Monahan kind of used it as a club, and they got very upset and left the meeting, and they were against getting Wal Mart involved with the traffic situation out in front. Everything hinges on the whole ball game, working together. If the two light system will work, fine. I'm not 100 percent sold on it. I still think the best way to go is the Weeks Road realignment, period. - 20 .-- "- ~ '---- MR. PALING-It will be realigned anyway. - MR. NAYLOR-One way or the other, I guarantee you that. MR. PALING-And then the two light system is right in with the same development that's there. MR. NAYLOR-Yes. MR. PALING-Okay. What does Wal Mart, what do they want to do? MR. MARTIN-See, right now, he's in a bad position, because he's got a very good buyer on the line right now, and that's Wal Mart, and Wal Mart's saying, well, come on, you don't even have permission to issue a building permit yet. What are you talking about? And he's trying to remove the impediments to getting the building permit issued. MR. MACEWAN-Well, prior to Wal Mart even getting a building permit issued, they have to corne back to us for a modification to the site plan for the sewer, don't they? MR. MARTIN-Right. MR. MACEWAN-So, I mean, they can't use that leverage for the guy to sell the property to them for the traffic scenario. MR. MARTIN-No. They're two separate issues. MR. MACEWAN-I thought you were saying that the guy who wants to sell the property to Wal Mart, Wal Mart's saying to him, you're not even ready to have a building permit issued for this thing until you get your traffic light situation cleared up. MR. MARTIN-That's one issue, and then the other one is. MR. MACEWAN-Well, I got the impression this guy's alluding to you that's the only. MR. MARTIN--I said to him, I said, I would by no means say that the sewer running through Greenway North is a foregone conclusion. I said, you have no idea of the local character of that neighborhood, and that is, by no means, a foregone conclusion. You've got to get the approval of the Highway Superintendent. You've got to get the approval of the Town Board. You've got to get the approval of the Planning Board. MR . STARK - I ' ve see n two I i g h t s, and I' ve see nth em w 0 r k . Wee k s Road is going to be realigned, period. What's going to go, the Carwash? MR. MARTIN-No. The Carwash is going to stay. We can do the realignment on the north side of the Carwash. It effects nothing up there. It's vacant property, and quite frankly, I said this on the phone today, I said, if the Planning Staff knew then what we know now, you guys would have been building this road and the Town wouldn't be paying for it. I want permission from the Board to write this letter, conceptually, agreeing to a two light format, if they pay for both lights. "" MR. PALl NG-And i t i nc I udes the rea I i gnmen 1. MR. MARTIN-No, that's a given. MR. MACEWAN-Let me ask you, how soon has tt¡js letter got to be pu1 out? Why can't you draft it up and let us look at it at our first meeting? MR. MARTIN-I have no problem with that. - 21 - , , I ", -" -:,.; MR. MACEWAN-Lets do that. MR. MARTIN-What I'll do is I'll draft it for your signature. You get the Board okay. .. MR. BREWER-Was there anything else? MR. MACEWAN-Yes. I have a question regarding site plan approval. I mean, our definition, our interpretation of when something is approved, versus maybe what the applicant's is, how do we enforce something like that? And I'm talking specifically about Cousin Hugh's fence on Corinth Road. I'm sure that's not what anybody on this Board had envisioned. I tell you, it's a travesty. MR. PALING-What's he done? MR. BREWER-He put the fence in, but he's got one post down four foot. The other one's up. MR. MACEWAN--And his last section of rai Is are nai led to a telephone pole. MR. MARTIN-I'll handle it, tomorrow. On motion meeting was adjourned. RESPECTFULLY SUBMITTED, Timothy Brewer, Chairman - 22 -