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1995-03-28 -- ~ OUEENSBURY PLANNING, BOAAO¡ME6TI]!NG SECOND REGULAR MEE·TING' j!'1 MARCH 28, 1995 INDEX subdivision No. 4-83 Extension request Subdivision No. 11-1994 Extension request Subdivision No. 4-1995 FINAL STAGE Site Plan No. 9-95 Subdivision No. 6-1995 PRELIMINARY STAGE Site Plan No. 10-95 Site Plan No. 5-95 Discussion Item Site Plan No. 13-90 Discussion Item Subdivision No. 5-1992 FINAL STAGE JI Southern Exposure Malcolm Batchelder Charles Young, Glenna Burnham, J. Wallace Trust Gary & Valerie Randall Maì- i.~ yn Smi th William Bernard 'McDonald's' c6f'þ: Dr. Robert Orban, Jr. Great Escape (Cont'd Pg. 61) Sherman Pines PHASE II AND PHASE III r' .~ I. \ : , " ¡ ',I :.':,' ,~)i " Ij¡ ;!,;,-.! I. I, it,! 1. 5. 6. .~ ¡, '-"'1 1 r/; 20. 1 , , ' 24. t.! I, , {·,:it· i 27. 2"9. ¡ ).j¡: 38. '41. 48. , " , " THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT Tb ßOARD AND STAFF REVISIONS. REVISIONS WILL APPEÄR' ON THE FoLLOWING MONTHS MINUTES (IF ANY) AND WILL STATE SUCH APPROVAL OF SAID MINUTES. \"'j .;! -- \ -- ,~ --/' QUEENSBURY PLANNING BOARD MEETING SECOND REGULAR MEETING MARCH 28, 1995 7:00 P.M. MEMBERS PRESENT ROBERT PALING, CHAIRMAN CATHERINE LABOMBARD, SECRETARY JAMES OBERMAYER TIMOTHY BREWER CRAIG MACEWAN GEORGE STARK MEMBERS ABSENT ROGER RUEL EXECUTIVE DIRECTOR-JAMES MARTIN PLANNER-SCOTT HARLICKER PLANNING BOARD ATTORNEY-MARK SCHACHNER STENOGRAPHER-MARIA GAGLIARDI CORRECTION OF MINUTES January 17, 1995: NONE January 24, 1995: NONE MOTION TO APPROVE THE MINUTES FOR THE DATES OF 1/17/95 AND 1/24/95, Introduced by James Obermayer who moved for its adoption, seconded by Catherine LaBombard: Duly adopted this 28th day of March, 1995, by the following vote: AYES: Mr. MacEwan, Mr. Obermayer, Mrs. LaBombard, Mr. Brewer, Mr. Paling NOES: NONE ABSTAINED: Mr. Stark ABSENT: Mr. Ruel SITE PLAN NO. 12-94 EXTENSION LUCAS WILSON MRS. LABOMBARD-The next item on the agenda is Site Plan No. 12- 94, for an extension on the Wilson project. LUCAS WILSON MR. WILSON-Good evening. This is really kind of simple. I have to go to trial to work out the details on my right-of-way, and nothing's changed on the site plan at all. I intend to go through with exactly what's there. MR. PALING-Would you please introduce yourself for the record? MR. WILSON-I'm Luke Wilson. My address is 263 Big Boom Road, Queensbury, NY 12804, and again, this is concerning the site plan on Walker Lane. I've been denied by Judge Dier, both Valente and myself, on any motions, what we have, who actually owns the right-of-way or any of the information. There's too many questions in fact. According to Mr. Dier, he wants it to go to trial. So we are intending to do that right now. We're working on getting a trial date. You know how lawyers are. This is going to take time. - 1 - MR. PALING-How long an extension are you asking for? MR. WILSON-Well, I really, you know, I'd really need at least a yea r, I bel ieve. I mea n, I even have, you know, even" if I have a problem with Judge Dier, I plan on retaining another, lawyer to go to the Court of Appeals, if I have to, because I f i rn'1'l y bel ie've I have the right to do that out there, and that's why I'm so strong about going anead with this. MR. PALING-Okay. I think your request a problem with the time of it. Mark, on how long an extension we can grant? , ;'1' !i~,.: r'¡~ t, +'.. i (";1,,; ¡"~I : is legitimate, but I have would yoG' car~ tð com~ent " ¡- "Ì'I3 r . :,ì ):1' ¡ I Ii!" MR. SCHACHNER-Not off the top of my head I wouldn't, Bob. ' MR. PALING-Okay. MR. SCHACHNER-I could ~ook if you want. MR. PALING-That's good, ye~. , MR. WILSON-I mean, unless there is a change in there's something I have to come in an amenð;to Town's specifications, what would be the big nothing's chcinged. your zoni ng, if a chànge in the deal? I mean, MR. BREWER-We've done them in the past a year at a time, though, Bob. MR. PALING-A year, but no more than? MR. BREWER":'Typically, we just do them for a year'. MR. SCHACHNER-We're double checking here, but as far as Jim and I know, unlike subdivisio~, there is n6 épecific pr00iaidn in the Zoning Ordinance regarding specifictlme frames of extension, as far as ¡ can recall, and that's Jim's opi nion also. ,We're just double checking. MR. PALING-Well, I think that a year is ok~y. anyway, and if you need more than that, you migþt bac k for it. For me it is have to come MR. WILSON-That would be fine. MR. PALING-All right. Then why don't ~e, do wé need a motion on t.his? MR. MARTIN-Yes. Typically, it's good to go to th~ last day of the month. That way we don't get caught with a spe¿tfic meeting date. MR. OBERMAYER-When is it'~et to expir~? MR. WILSON-It expires May 3rd of this year. MR. PALING-Okay. 1996. You said May 3rd. MR. WILSON-Yes. MR. PALING":'Go to ApYil 30th. Okay. That'é a year. , MR. WILSON-Yes, okay. Well, it expires May 3rd. I thought you could extend it from that point on.' It's taken me this long, Bob, just to get a motion. We don't even have a trial. MR. PALING-I'm sure that'll work out. That's the lasi day of the month, which is what was asked for. Okay. MR. WILSON-That'll be fine. - 2 - --- ,--,,' --' '-<'"" MR. BREWER-If it takes longer, it's just as simple as coming back here and doing it again. MR. PALING-Yes. MR. WILSON-Yes. MR. OBERMAYER-I mean, you can come back here again, if you get closer, and get another one, if you need to. MR. PALING-Okay. Does somebody want to make a motion on that? MOTION TO EXTEND SITE PLAN NO. 12-94 LUCAS WILSON, Introduced by Catherine LaBombard who moved for its adoption, seconded by James Obermayer: For one year after his 1995 expiration date, to April 30, 1996, and note that the condition that a legality of the color of title it proven before construction before a building permit is issued, and also to include those two items that were indicated, title insurance and/or proof of ownership and a court order stating proof of ownership of the right-of-way, and anything else pursuant to the entire project. Duly adopted this 28th day of February, 1995, by the following vote: MR. MARTIN-I also might add, that approval was given with conditions. You might want to note in your extension that those conditions still apply. MR. WILSON-You can refer back to the old resolutions. I'm not asking for any change. I definitely don't want any new change. MR. MARTIN-I just don't want there to be a misunderstanding, that those conditions still apply. MR. OBERMAYER-Just say, and the same conditions still apply. MRS. LABOMBARD-Okay. MR. MARTIN-If you'll recall, I think one of those was the provision of title insurance. MR. BREWER-On the condition that the legality of the color of title is proven before construction. MR. WILSON-Or a court order. MR. MARTIN-Yes. MR. BREWER-No. It says, on the condition that a legality of the color of title is proven before construction, before a building permit is issued. MR. PALING-Okay. Add that to the resolution. That'll get there. Okay. MRS. LABOMBARD-Okay, and included in that motion, please note that the condition that the legality of the color of title is proven before construction, before a building permit is issued, and any other. MR. WILSON-I thought it was that, title insurance or a court order. MR. BREWER-No. That's the motion we approved a year ago. MR. WILSON-Okay. - 3 - ~, MR. SCHACHNER-Excuse me for interruptfng,'butthe rec'ords that I was provided actually indicat~ that was the first motion. Ther; was then a motion to amend, and that the second motion r said~ to include those two items that Jim has kndicated, tefer~ing to Jim Martin, title insurance and/or proof of ownership, or, it doesn't say or, a court order stating pr09f of 6wnershlÞ. ., r MR. PALING-Okay. Yes. That's very close, but this is what we need, what Mark has got. MR. WILSON-Right. MRS. LABOMBARD-I have it h~re, too. MR. SCHACHNER-I mean, it's whichever it is, which is whatever the final motion to approve the project was, but the records that 1 was provided with indicate that it's ~hat I just read; , " MRS. LABOMBARD~Right. Okay. So then in the ,motion should be 'what I originally said, and also to include those two it'èms that were indicated, title insurance and/or proo~ of oWnefshiÞ, and a court order stating proof of ownership. MR. BREWER-Of the right-of-way, right? MRS. LABOMBARD-Of the right-of-way, and anything else pursuant to the entire project. MR. PALING-All right. AYES: Mr. Stark, Mr. Obermayer, Mrs. LaBombard, Mr. Brewer, M)". Pali ng NOES: Mr. MacEwan ABSENT: Mr. Ruel , MRS. LABOMBARD-Okay" Next· on the agenda are two res'olutions, one for Subdivision No. 4-83. SUBDIVISION NO. 4-83 - SOUTHERN EXPOSURE' - EXTENSION REQUEST TO MAY 31, 1995 MR. PALING-Is anyone from the applitant here? Do we need anyone from the applicant? MR. MARTIN-I don't believe so. MR~,: O,SERMAYER:;What ';s the:',rea~qn tr~lia.t tlì~y 're aski;ngj~þ~ ,j~ten,sion fóf7 Do you know? -WI! ~' MR. MARTIN-I think, if you'll recall, .the Hudson Point PUD was before you last week, for a minor ¢h~n~e to the trail system on the conservation area. It's been things like'that.The deeds are being worked out with the Attorney's Office. They were just finalized last night with the Town Board. So it~s been, just getting the logistics of this all lined up, )"eally. MR. BREWER-I think Mike O'Connor's under th~ assumption ~e did it last week. MR. HARLICKER-It was, but Pam double checked the was the wrong date that Mike had requested. All that seems pretty straight forward. dates, and it right. Well, MR. MACEWAN-He wants it until the 31st, right? MR. HARLICKER-Yes. MR. MAèE'WAN- I s that what he still wants it to? - 4 - '- ,---,,' --..-'" MR. OBERMAYER-What did we make it to? MR. MACEWAN-Well, we did. We gave an extension to Southern Exposure last week until 5/31/95. MR. HARLICKER-And that's when the existing resolution expires. So he needed it longer than that. MR. MACEWAN-Then why is it on tonight's agenda asking it for 5/31/95? MR. MARTIN-Pam must not have updated the agenda. That's all I can think of. I don't know why it wasn't updated. MR. PALING-So what date do we put on it? MR. MACEWAN-But that's what he asked for. He asked for it until May 31st, and the reason why he asked for it was because they were getting ready for the closing for the property. Mr. McDonald didn't want to sign over the deed on the property until he had "cash in hand". MR. SCHACHNER-That's what I said last week. MR. BREWER-Okay. If there's a problem, can't he come back next month? MR. MACEWAN-Yes, we've got time. MR. BREWER-We've got time to do it. MR. PALING-All right. Then lets just postpone that. The applicant's not here. So we'll just have to postpone it to next month, and leave it up to them to ask for it. MR. MACEWAN-Well, are you tabling it? MR. PALING-Well, we can't table without the applicant, can we? Then if we can table. MR. MARTIN~I just don't think there's any need for any action, at this point, just move on. MR. PALING-Just don't do anything? MR. MARTIN-Right. MR. PALING-Okay. Go ahead, Cathy. Do the next one. SUBDIVISION NO. 11-1994 - MALCOLM BATCHELDER TO JUNE 31, 1995 EXTENSION REQUEST MR. PALING-Is anyone from the applicant here on thi§ one? Do we know, what's the story on this, Jim or Scott? MR. HARLICKER-I believe this is the one that has the wetlands on it, that's up on the road off of Ridge Road, not Chestnut Ridge, but just up north of Harrisena there, and it has to do with the wetlands and the APA. MR. PALING-Did they expect to be here tonight when they made this request? MR. MARTIN-I don't think so. MR. HARLICKER-Yes. MR. PALING-When does it expire? MR. MARTIN-I believe it expires at the end of this month. - 5 - '- MR. HARLICKER-The end of this month. MR. PALING-It's a 90 day ext'ension. MR. MARTIN-I think they're having troÜble getting thei'r wetland approval from the APA. It's been del~~~d. MR. PALING-I don~t think,thers's no big deal. We can extend it. MR. MARTIN-You can dO it less than that, more than that. MR. PALING-Well, it orily asks for the 90 days. MR. MARTIN-Right. MR. PALING-All right, if the Board's in agreement, do you have a motion? MR. BREWER-I'll make a motion~ MOTION TO EXTEND SUBDIVISION NO. 11-1994 MALCOLM BATCHELpER, Introduced by Timothy Brewer who moved for its adoþtion, seconded by James Obermayer: The extension request to June 31, 1995. Duly vot,e: adopted this 28th day of March, 1995, by the following , , AYES: Mr. Obermayer, Mrs. LaBombard, Mr. Brewer, Mr. MaçEwan, Mr. Stark, Mr. Paling NOES: NONE ABSENT: Mr. Ruel MR. PALING-Okay. We'll move into Old Business. OLD BUSINESS: SUBDIVISION NO. 4-1995 FINAL STAGE TYPE I CHARLES YOUNG, GLENNA BURNHAM, J. WALLACE T~UST OWNERS: SAME AS ABOVE ZONE: WR-1A LOCATION: ASSEMBLY PT., BRAYTON. LANE PROPOSAL IS TO SUBDIVIDE A 15.47 ACRE PARCEL INTO 2 LOTS OF 3.86 AND 11.61 ACRES. APA CROSS REFERENCE: FWl-95 TAX MAP NO. ~-3~14 LOT SIZE: 15.47 ACRES SECTION: SUBDIVISION REGULATIONS MARTIN AUFFREDOU, REPRESENTING APPLICANT, PRESENT STAFF INPUT Notes from Staff, Subdivision No. 4-1995, Charles Ypung FINAL STAGE, Meeting Date: March 28, 1995 "The applicant has reviewed the plat and submitted the information requested as per preliminary approval. If the Board is satisfied with the information submitted, staff can recommend final àpproval of this subdivision." ~1R. MARTIN-I correspondence It was from a record. think there was also an additional piece of that came in today, from Mr. Walden, r believe. Robert and Dayle Walden. I'll reð.d it into the MR. PALING-Okay. MR. MARTIN-Attention: James Martin Re: Application Of Charles F. Young, Glenna Burnham, and the John Wallace Trust, on Brayton Lane and Assembly Point Road in the Town of Queensbury. "Dear Members of the Community Development Departmen~ SUB~ECT: Amendment to my letter of Mar6h 17, 1995. ~E: Paragraph six: - 6 - '--- -- "My friend Fred Young, son of Charles F. Young, has cleared a piece of property in this proposed subdivision with the intent of building a home for himself on this four acre lot which is just south of the Lynn and Skip Gauger home.' I DO NOT oppose in any way whatsoever, my friend's plans to build on this property which he owns. Please approve his plans. In all other respects, my letter as written on March 17, 1995 should remain unchanged. Robert and Dayle Walden for Christopher Walden, Claudia Friedman, Kevin Walden, Leigh Herrman, Mark LaPore, Greg LaPore" MR. PALING-Okay. Scott, do you have comments on this? MR. HARLICKER-Just go over what they submitted here. The plan has been enlarged to 50 scale. They've got the erosion control measures shown along the edge of the clearing line. The grading plan has been revised to show what the grading will look like. We'd like to see some new percolation tests done, either certified by an engineer, or else have one of the Building Inspectors present when they do it. They've included trench drains around the side of the perimeter of the house to catch runoff from the house, and Staff would like to see those trench drains extended along the driveways to catch the runoff off the driveways, also. MR. PALING-Okay. MR. MARTIN-I think we're right in the middle of a period of the yea,- where test holes being dug for septic systems can be viewed by the Building Department. We're right at the prime time of the year right now, as the frost is going out of the ground. MR. PALING-Scott, just for my clarification, the points you made were the scale. That's been taken care of? MR. HARLICKER-Yes. MR. PALING-What was the next point you make, because I don't have what you have. MR. HARLICKER-They've got, they show erosion control measures, silt fence and hay bales, along the perimeter of the clearing there. They've got the revised grading showing where they're going to cut the driveway ~hroµgh, and then they've got the trench drain shown around the house to catch, around the drip line, to catch runoff from the house, and they should also extend that along the edge of the driveway to catch any runoff that would come off the driveway, also. MR. PALING-All right. this, I don't think? Now, Okay. Bill doesn't have any comments You're not involved in this. on MR. HARLICKER-They weren't sent to Rist-Frost, no. MR. PALING-I think we better take up these points one by one. Scale's okay. I imagine that's okay, and the erosion control, now that looks all right to me. Does anyone on the Board have comment on that? Now the drainage, Tim, you had some questions on that. MR. BREWER-Well, the drainage, I was under the assumption last week, when they asked for three waivers, and I thought we asked them to prepare the drainage report, the clearing plan, and the erosion control plans, and send them to Rist-Frost. That's my recollection. MR. STARK-They just had to turn them in to the Planning Department. MR. OBERMAYER-Yes. MR. BREWER-I thought they were going to Rist-Frost? I don't know - 7 - '- why I thought that. MR. OBERMAYER-No. I don't remember that either. MR. PALING-No. MR. STARK-Just turn them in to the Planning Department by ~riday afternoon. MR. BREWER-By Friday at noon, and we were going to get .them Friday. MR. MACEWAN-No. They were supposed to go to Rist-Frost, because that was the whole idea behind getting th~m in at ~oon. MR. BREWER-We can look 'back at the minutes, but I thought that was the idea, sending them, because the people w~re complaining about the water table. MR. PALING-I don't remember the Rist-Frost part Everything else, I do, but not that part. of it. MR. BREWER-Okay. That's fine, but. MR. PALING-Well, lets talk about what's been done. MR. BREWER-If we've got a drainage report, would somebody explain it to me? MR. PALING-Okay. Well, lets c~ll the applicant. MR. AUFFREDOU-Yes. Martin Auffredou of the law firm of Bartlett, Pontiff, Stewart and Rhodes on behalf of Fred Young, Glenna Burnham and Jim Wallace, as Trustee of the John Wallace Trust. With regard to the drainage plan, what ¡ didc was, Wednesday morning, wh~n I got back to 'my office, I called Leon with a list of items that we needed, León Ste0es. It was my understánding that someone from Leon's bfflce~poke to Staff, a~ to exactly l.<Jhat they were, what YOU were looking for. 'I didn't know the ,exact details, SO I left it to Leon and his staff to talk to your Staff to find out. What resulted ~rom that conversation is what you see. So I think that maybe there was a misundèrstànding or a misconception here. I would also, I don't recall th,e applicant being required to submit this to Rist-Frost. I understood that our stipulation was to get all this information to Scott by noon on Friday. MR. PALING-By noon. That's ffiZ understanding. MR. BREWER-I remember him saying to get it by noon on Friday, but I thought if there was going to,be a report Or something. MR. AUFFREDOU-If (lost words) Rist-Frost, I.would have written that down and sent it to Rist-Fro~t. My notes reflected, to Scott by Friday. MR. BREWER-Okay. So then you cán explain the report to me, then. MR. PALING-How about a comment f~om Staff on the t~ference that he's made, that Leon was going to consult with someone? MR. HARLICKER~Yes. Jim Miller who works with Leon ,on .a lot of things called and was looking for, what sort of things were you looking for in the revised plan, and what I based my decision on was, in th~ past, when you required drainage information on single family homes, I was referring back to oUr recent site plan for Peyton~itz. They required that trench drains be put around the parkin~ lot, or the driveway and the house. So, that's what I told Jim Miller to supply on the site plan. - 8 - -......- -- MR. PALING-Okay, and that's what we have here, and you want that extended a bit. MR. BREWER-Where's that, Scott? MR. HARLICKER-That was the one on Glen Lake, north side of Glen Lake, that real small pie shaped lot. MR. AUFFREDOU-He wants it extended around the driveway. MR. PALING-Around the driveway. MR. OBERMAYER-Okay. Yes. The only change to this, you want to see it extended around the driveway. MR. HARLICKER-Yes, to catch the runoff off the driveway. MR. PALING-Okay. MR. MACEWAN-Has there been a drainage report made? MR. HARLICKER-Not a full drainage report, no. MR. MACEWAN-Why? MR. HARLICKER-Like I said, my reference point was this was the Peyton Fitz application, and in that application, a single family house like this, it was, the Board accepted trench drains. MR. BREWER-Yes, but, Scott, that wasn't sitting right in the middle of a wetland. MR. HARLICKER-If you're requesting more .information, I based on past practice, on what we did on the last application. MR. BREWER-I don't have a problem with the trenches around the house if the perc tests prove that that can handle it, I don't have a problem with that, but I just don't, if it's sitting right between two wetlands, and all he's saying is he's going to put trenches and no test pits, where's the water going to go? I mean, is it going to run into the wetlands, I don't know. That's my question. FRED YOUNG MR. YOUNG-The woods is filled with Honeysuckle, and there's trees there, and there's no way that anything's going to get down there. I mean, it's an absolute jungle. MR. BREWER-I went there again, Wednesday. MR. YOUNG-It's 21 feet above the water. MR. BREWER-I believe~, but I've got to also believe what the neighbors also say. That's my point. MR. AUFFREDOU-Tim, the gentleman that prepared this map is here this evening, and I think that he's certainly more equipped to address any questions that you have about this. JIM MILLER MR. MILLER-Good evening. I'm Jim Miller, Landscape Architect. Leon Steves asked me to review this and prepare this plan, and I spoke to Scott, and Scott said typically on a residence like this, a single family house on four acres of land, that the increase in runoff is fairly minimal because you're dealing with a 2,000 square foot area of room, plus a driveway. So the increase in runoff is fairly minimal, and the drainage calculations, it's very inaccurate that it calculates something - 9 - that small. So, typically, what we've done is, along the eave lines, where the water will run off the roof, create some trench drains that will catch that water so there will be,no erosion, and it'll also infiltrate that water. Heavy storm~, because of the slow þercolation rates, and you may ge~ som~ surface runoff, but the site's fairly flat, there's a fair amount of woods. We've met all the setbacks to the edges of th~ wetlands. So there really would be minimal impact on drainage, and I think Scott's recommendation,. the only area we had shown on the driveway was some sheet flow off ,of the driveway, which is only 12 foot wide, and I think Scott's recommendation to extend the gravel shoulder, especially on the downhill side of that dr iveway, to catch that runoff would ced:.ai nly hèlp. MR. BREWER-Okay. MR. OBERMAYER-Have you submitted the data to APA, regarding the percolation tests? MR. YOUNG-That's all been taken care of, yes. MR. OBERMAYER-Okay. MR. PALING-The APA wrote a letter, saying that was. MR. BREWER-It says it must be submitted, right? Doesn't it say that the perc tests results nave got to be submitted to the APA? MR. OBERMAYER-Yes, that's what it says. Yes. MR. BREWER-And tney have been submitted since last Monday? MR. AUFFREDOU-That's my understanding. I~ that the letter that I read into the record last week? MR. OBERMAYER-March 17th? MR. AUFFREDOU-Yes. MR. BREWER-So, let me ask Jim again, th~n, if he has to redo these perc tests with the verification, does he have to resubmit them to the APA? MR. MARTIN-Well, there's a difference between a perc test and a test pit. The test pit would concern the septic system and its ability to adequately leach the effluent. Percolation tests would relate to the ability of the ground to absorb water, and I think in terms of the drainage from the~ and th~ roof runoff and driveway runoff. MR. BREWER-So the pe~colation tests don't have to be witnessed? MR. MARTIN-It's the test pit with a septic system that has to be wi t, nessed . MR. BREWER-But what I'm talking about, the percolation tests performed by Crandall Excavation. MR. MARTIN-I think the APA's confused their terms there. Usually, it's a test pit concerning the location of the proposed leach field. We require that that be dug, left op~n for a 24 hour period, and it's checked at various intervals to see just in fact, how far the water table does rise in the pit. MR. PALING-Now you're saying this has been done? MR. MARTIN-I don't believe that it has been, and it would be a requirement, even if the building permit Were issued on something like this. It would be a requirement. - 10 - '-- --- '- ~ MR. MACEWAN-Are you saying that this letter from the APA, they've misspoken here? MR. MARTIN-Usually it refers to percolation test, because they're the leachfield. a test pit rather calling for it in the than a area of MR. BREWER-The leachfield. It makes sense. MR. OBERMAYER-Before a building permit would be issued, though, they would have to conduct this test pit. MR. MARTIN-Right. That's standard practice. MR. MACEWAN-I still guess I don't understand how we got away from a request for a drainage report, and ended up with a drainage plan. MR. OBERMAYER-Because of the size of the house. It's a single family home. MR. MARTIN-I think it's the Board's discretion. If the Board feels uncomfortable with the level of information supplied, then it's certainly within your discretion to ask for more. MR. MACEWAN-I'd feel more comfortable knowing a little bit more about this, and I'd like the Town Engineer to look into it. I'd like him to either verify the information, or ask for more. MR. PALING-Well, I think they make a good point, that the size of the house, relative to the size of the total lot is pretty small, and I wonder how much we are required to have them go beyond, lets say, a normal application. MR. MACEWAN-This is a normal application. MR. PALING-Okay. I take it you want more information? MR. MACEWAN-Yes. MR. PALING-George, how about yourself? MR. MACEWAN-And it should be clear that we're not asking them to go beyond anything. I mean, this is their normal realm. We're not asking them to go above and beyond the call of duty, here. It's part of subdivision. MR. PALING-Okay. George. MR. STARK-I'm comfortable with the application as it stands. Also, this house probably has better absorption and less runoff than all the other houses up there, you know. They weren't required to put in all these, you know, for sheet flow into gravel pits and drainage pits around the house and everything. I'm sure that the application's fine. MR. PALING-Jim? MR. OBERMAYER-Yes. I don't have any problem with the application as it is, with the drainage plan as shown. MR. PALING-Cathy? MRS. LABOMBARD-I concur with George, at this point. MR. PALING-Okay. Tim? MR. 8REWER-I don't know. I kind of thought I wanted the drainage report, but from what's been said, this is a relatively small house, but I think I'd want to wait, before I make a decision, as - 11 - to what we're going to hear from anybody that liv~s up there. MR. PALING-Okay. see on this one. All right. Okay. That's fair enough. Okay. Let me MR. BREWER-The clearing plan's fine. MR. PALING-Yes. The scale's fine. I think, at this point, we can, there isn't an actual public hearing, but we will allow anyone from the public who wants to speak about this to come forward. Is there anyone here that would like to talk? TOM NESBITT MR. NESBITT-I'm Tom Nesbitt, and I own söme property near this subdivision, ~nd just, again, for the record, I want to make it clear that I'm not opposed to the project, but I am concerned, and I think that the neighbors who spoke last week are concerned, because of developments that have taken place in that vicinity in the last ,seven or eight years. The builders have don~ some thing that they have done without approval; and there'has been no follow up from the Town. Now it wasn't necessarily or specifically the Planning Board that granted these approvals. but the fact remains that there were things that were dorie that were not legal, and so I'm just concerned that all the T's are crossed and the I's are dotted, and it's always been ~ understanding that there is definitely two different types of testing done for septic systems, groundwater or soil testing and t~e ,percolation testing, and both of them have to be done and the septic system itself has to be designed by a licensed engineer or a licensed surveyor with an N exemption, and I just want to make sure that all that is done, and it's something that's required of anybody who's going to build. So to set the record straight, the percolatiQn test is a test that's done to determine the flow of the water out of the ground, and soil testing or the pit test is done to determine the soil type and the ground water or ledge level, and the State Health Department has specifications on the manner iniwhich a percolation test is supposed to be þerformed. MR. PALING-And in regard to, getting at your comments in two parts, the first part, in regard to 'the follöw up. I think there's going to be a lot better follow up now that .there will be, I still believe, a new employee aboard, in Ji~ Martin's Staff, and th~t's his duty, tò follow up on the things that we agree to, which was kind of tough before, because of lack of manpower. So I think that is going to be quite gQod in the future. Now I think we have also answered the latter part of his, from what comments over here, unless you would disagree with that. MR. NESBITT-Well, from what I learned process of the septic system design requirements of getting a building permit. today, this particular is all part of the MR. PALING-Building permit, yes. MR. NESBITT-I also enlargement of the YoungJ' and is not sea The location relating to those Leon Steves, but location. understand that the information that's on this map, is information that was provided by Mr. nècessarily reflecting a ~urvey location, per of the percolation'~est and the information percolation tests was provided by Mr. Young to it is not necessarily reflecting a specific MR. PALING-On this print. MR. NESBITT-In other words, it's a gen~ral location. MR. PALING-Well, need it be further than that right now? - 12 - '--' --../ ',,-- -../ MR. NESBITT-No. MR. PALING-Okay. MR. NESBITT-It doesn't, but it's just a concern, is this going to be designed properly in the right place. MR. YOUNG-Are you Galling me a liar? MR. NESBITT-No, I'm not. MR. STARK-Mr. Nesbitt, you know, his system has to be approved by New York State and by the Building Department, before he gets a building permit. Last week, we even had an applicant come up, Mr. Landry, who says his system runs right on the ground every spring. The neighbors aren't concerned about his system running right out on the ground? To me, I'd be more worried about his system. MR. NESBITT-I don't think we even knew about it until last week. Well, I think he was making a point of, example of the condition of the soil in the area. MR. STARK-And he said he was higher than this applicant, and he's not. His ground is lower than this applicant's. MR. NESBITT-I realize that. MR. BREWER-I just want to make one point to the Board, that just because he shows a house on this plot, we're doing a subdivision. We're not doing a site plan review. He can go up there and build a 9,000 square foot house, if he wants to. We don't have anything to say about it. So, just because he's showing it, it's not part of a site plan, Bob. We're doing a subdivision tonight. He's just showing you a typical house. I mean, that doesn't necessarily mean that that's what that's going to be. MR. PALING-Well, are you saying you want to get him to specify the house tonight? MR. BREWER-No, no. I'm just making that point, that's all. MR. MARTIN-But we do have to demonstrate, at this time, that there's, you know, suitable soils for development and so on, that will accommodate development. MR. OBERMAYER-Right. MR. BREWER-Exactly. MR. PALING-But that can be part of the motion, you're saying? MR. MARTIN-Well, subdivision. that's a fundamental consideration of MR. YOUNG-Just as a point of information, the Waldens who live across the road, and slightly to the east, their entire back yard is their septic system, because of the condition of the soil and the size of their yard, and that was the most recent conventional system that's been installed in the area. People who've purchased property from my family ended up having to put in a holding tank because of the proximity to the lake. MR. OBERMAYER-That's what the septic system design might call for, is holding tanks. MR. YOUNG-No. It's a shallow trench system is what I understand to be the thing, according to the APA (lost word). MR. NESBITT-That basically covers what I was concerned about, but - 13 - I wanted the Board to know that most of the concerns that the neighbors have expressed, and myself included, was the way that some of the wor: k has been goi ng on up a,'ound there ove,' the last seven or eight years, is basically been without any policing at all. ) MR. PALING-Okay. MRS. LABOMBARD-I can appreciate that. MR. NESBITT-Whether the Town Board's responsibility, it (lost words). it's the Planning'Board's responsibility or responsibility or th~ Zoning Department's all comes back to being the Town as being MR. PALING-We can promise you better follow up. I think that we can promise to you. MR. NESBITT-Thank you. MR. PALING-Thank you. Okay. Anyone else from the public who would like to,talk? Okay. Then the public comments, we'll close them off. Okay. The SEQRA's dorie. MR. YOUNG-I wanted to ,clarify, perc tests were done at the leachfield site. MR. AUFFREDOU-That's the leachfield site where the APA, in its letter, indicated they would lik~ the leachfield to be, and that's where the perc'tests were done.' Now we really don't have any objection Or opposition to there being, again, the presence of a Building Inspector. Mr. Martin's indicated that this is an ideal time of year to do that. We'll ceriainly,do that. That seems fair to me, fair to us. It's an envirohmentally critical area. So we would cert~inly comply with that. We would also agree to modify the plans, pursuant to Scott;s suggestion of drainage aro~nd the driveway. MR. PALING-Right. MR. AUFFREDOU-What we tried to do, just $0 you know, as far as Mr. Brewer's concerns, and that's a legitimate concern. , I mean, we come here tonight and say, this is, we just draw some lines on the map and when we come back, we build a 9,000 square foot home. That's certainly true, but I think, Mr. Young's here tonight to suggest to all of you is that what we tried, to do is we've tried to be as realistic as we can with what the size of that house is going to be. I don't think he's going to come in and build a monster house on that site. I don't think the site calls for that. However, it is very possible to build something close to what's called for here on the map, but as far as a large, gigantic structure going on that structure, on that lot, that's not what Mr. Young intends. I don>t think that Glenna Burnham and Jim Wallace, the 'other applicants and owners of this property, would appreciate that either, if Mr. Young built a big house on that lot. I just wanted to clarify. , MR. YOUNG-I'd like to say that, some of the people say that they've been up in the area for 20 or 30 yeárs and they've watched things change. Well, my family's been there for 70 years, and my mother used to come up, there were cows there, and she opened the gate so the cows don't get out, and the property adjacent to my family is all ~oods, and I see all these other people complain about the possibility of one house in 21 acres, when they have houses jamming every square inch of their property, and, I mean, they have guest house across the road where the alleged swamp is, if you go further up Assembly Point Road, and I just think it's a bit unreasonable, some of their complaints. I understand their worry, because of huge houses that have been built, but I have no intention, I don't even know - 14 - '- --./ '- --r' whether I'm going to build a house. All I wanted to do was get this property divided, because I own just a part of it and my cousins wanted to sell theirs. All I really plan, at this point, is to have a garden, and the possibility of a house there, but it won't be any bigger than what's planned. It would probably be a Cape. So it would be a small house, not a huge looking house. MR. PALING-Okay. MR. HARLICKER-Has there been any progress, as far as what you're going to be doing with the rest of the property at all? MR. BREWER-Do you own that with your cousins? MR. YOUNG-Yes. MR. BREWER-He just said they were going to sell it. MR. AUFFREDOU-What we're doing is, they own it. Fred is a 25 percent owner of the entire parcel, not only the small parcel, but the entire parcel to be subdivided. Glenna Burnham owns 25 percent and John Wallace Trust owns 50 percent. Glenna and John Wallace Trust are conveying their interest in the smaller lot to Fred. Fred is conveying his entire interest in the larger lot to Glenna and to Jim. Now Glenna and Jim Wallace, as I mentioned to you last week, were going to do one of two things. We are either going to put deed restrictions on the remaining portion of that parcel, of the larger lot, or we are going to deed that property, donate that property to the Lake George Basin Land Conservancy. We're currently negotiating with them right now. They are meeting tomorrow night to try to make a final determination as to whether they're going to be accepting this land from us. I also wanted to point out that not only does the 11 acres going to them, hopefully, but also the 12 acres directly behind this parcel is going to them as well. If it's not the Lake George Basin Land Conservancy, it may be the Audobon Society. It could be the Nature Conservancy. We've been in touch with all of them. However, the preference is the Lake George Basin Land Conservancy. That was the organization that John Wallace, when he was alive, dealt with, and it's certainly consistent with his plans to turn that property over to them. MR. MARTIN-What is the Lake George Basin Land Conservancy? MR. AUFFREDOU-They are a branch of the Nature Conservancy, the Adirondack Nature Conservancy, although I think they are a separate (lost word). MR. PALING-All right. Jim, would you tell me, again, or use the verbage you did, in regard to putting a little limitation on this for future construction? You related it to soil. MR. MARTIN-I think, you know, given the pe1"colation rate shown, types of soils that are there, proximity to the wetland, depth to the water table, there's a certain limitation on development suitability, here. MR. PALING-Okay, and would that be exercised in a building permit, or should we exercise it in our motion? MR. MARTIN-I think you've got to exercise it in your motion, to the extent that you've limited clearing here. That'll be part of the approved plan. Clearing should not go beyond that point. MR. MACEWAN-Beyond what point? MR. MARTIN-Beyond the limits of clearing shown here. MR. PALING-Shown on the print? - 15 - --- MR. MARTIN-Right. MR. MACEWAN-Is that enough for you to go by, just what you've drawn on there, or do you need to have actual dimensions or setbacks? I know that we've looked at other subdivisions and where limits of clearing have been labeled right to, you know, measurements. MR. PALING-I asked Leon about that, and he accurate. The wiggle line, lets call it, is would go by that, in so far as clearing. MR. MARTIN-You kn6w I've as~ed, in the past, I'd prefer as much clarity and detail to the resolutions as possible, because it makes my job, or the enforcement officer's job that much easier when we go out to look at these things and it also makes a clear understanding in the mind of the applicant exactly what you're talking about. said that accurate, this is and they MR. MACEWAN-Has Mr. MacNamara had an opportunity to review this project? MR. MARTIN-To my knowledge, no. Again, if it's the Board's de~ire to send it over there for review, we can do that. MR. PALING-I think we can define it well enough if we even scale it off, or, Jim, if we went by the wiggly line there, as it is drawn, is that good enough to set the limits of clearing? MR. MARTIN-I mean, you could scale it, Jim. It's one. inch equals fifty feet. MR. BREWER-It's not a straight line, though, either. MR. PALING-Well, it's a straight line on the bottom, it would be. MR. AUFFREDOU-Mr. Chairman, stipulate to add those in, if you'd like. MR. PALING-Okay. MR. MARTIN-Yes. If we could have the dimensions added to it. MR. PALING-Add the dimensions of that in, and be approved by the Planning Staff. MR. MARTIN-Bob, that's something for you to look for, when you come in to sign the plat as Chairman, we'll check for it as Staff, but those are the types of things that we look for before si9.n off. MR. PALING-All right. on the Board? Is there any ,other' comments from anybody MR. BREWER~Ye.s. Just a question. Why would they put the septic at the highest point on the land? It's at 342 and it drops down to 322 on the right side of it, and 338 on the left side. I just was curious. MR. MILLER-It's a requirement, the APA. MR. BREWER-A mound system? MR. MILLER-It's a modified mound system. The APA requires that it has to be located above elevation 340, and the system that's shown in the reserve field, there's a double field there you'll see, those were sized by Leon Steves, in accordance to the perc test in a four bedroom house. MR. MARTIN-So, we're not going to have a situation, Jim, here - 16 - '",-, ---./ ~ -- where we're asking water to drain uphill, are we? MR. MILLER-We're already at the top of the hill. MR. BREWER-Yes, but what elevation's the house at? MR. OBERMAYER-The same elevation, it looks like. MR. BREWER-No. MR. MILLER-The finished floor of the house will probably be about 343. We've shown the outside perimeter grade on the house to be above 342. So the grade around the perimeter of the house is pretty much the same as the grade at the top of the mound. So we'll have a couple of feet of pitch. We could raise the grade around, we didn't establish the finished floor, as much as we were concerned of setting the grades around the field according to the APA. MR. BREWER-Maybe you should set the grade on the. MR. MILLER-We could set that. MR. MARTIN-I'd like that shown, so there's not a question at building permit time. MR. PALING-All right. What is it you want shown? MR. MARTIN-I want the finished grade of the house to be shown. MR. PALING-Okay. Any other comments? MR. MACEWAN-I think that this should be forwarded on to Rist- Frost for their review. MR. STARK-I'm satisfied. MR. OBERMAYER-I'm satisfied, because it's a subdivision. MRS. LABOMBARD-I'm fine. MR. BREWER-I don't know, there just seems to be a lot of things left out that we should have. I'm not necessarily convinced that it has to go to Rist-Frost, but a list of how many things that have to be done. MR. PALING-All right. discuss it, and I'll about, and we can add go along. Why don't I make a motion, and then we can try to list everything that we've talked them in, or subtract, as we see fit, as I ,-,-. MR. MARTIN-Well, you have a motion drafted for you, and there's always a section within that that you have a condition. MR. SCHACHNER-Bob, I also might suggest that just for purposes of clarification of our record, I think the applicant's counsel has, on a number of times, both last week and this week, referred to possible options on the balance of the property, as either donated to any of a series of nature conservancy type organizations, or subject to deed restrictions, and just for purposes of clarification of the record, there are deed restrictions and there are deed restrictions. I think it would be helpful to have the applicant's counsel just characterize the deed restriction's option. MR. PALING-Are you saying "deeder"? MR. SCHACHNER-Deed restrictions. MR. PALING-Deed restrictions, right. - 17 - ---- MR. BREWER-But we don't know what the deed restrictions are. Is that what you're saying? MR. SCHACHNER-All I'm saying is, I think it would be helpful. I mean, I don't think anybody is intending anything devious by this. I think the applicant's counsel has merely used the phrase "deed restrictions" in a manner that he and I probably understand better than most, just by virtue of our professional training, and I'm just suggesting that for the record, it might be helpful to have him clarify the general substance or nature of the deed restrictions we're referring to. MR. PALING-Okay. and to specify it. MR. SCHACHNER-Not so much specifically. I mean, I don't think we need to tie the applicant to the very specific language. I think, all I'm suggesting is you could have a deed restriction, no signs greater than two million square feet. That's not the type'of d~ed restriction that the applicant's counsel is talking about here. I'm confident, but I just think that our records should be clarified with some characterization of what type of deed restriction he is talking about. MR. PALING-Okay. I think I've got it. resolution. Okay. Okay. Here's the MOT¡ON TO APÞROV~ SU~DIVIS!ON NO. 4-1995 FINAL STAGE CHARLES YOUNG. GLENNA aVRNHAM. J. WALLACE TRUST, Introduced by Robert Paling who moved for its adoption, seconded by George Stark: The subdivision resolution be approved as written, with the follo~ing modifications: That there be a,perc test witnessed by the building inspector on site. The perc test must be approved by the building inspector. Number Two, that the drainage as shown on the print dated 3/24/95 will be, extended completely around the driveway, to cover the whole driveway. Number Three, that the clearing for any future building be limited to approximately what's shown on the PTint, and that the size of the clea,-ing and dimensions be specified by the applicant to the Zoning Administrator by changing the print. That a plan for finished grading be submitted fór approval to the Zoning Administrator, and that the options on the use of the undeveloped portion of the original subdivision be cla,-ified by the applicant in regard to who they're being donated to and any deed restrictions that may apply. Whereas, the Town Planning Department 'is in receipt of final subdivision application, file I 4-1995, to subdivide a 15.47 acre parcel into two lots; and Whereas, the above referenced final subdivision final subdivision application dated 2/13/95 consists of the following: 1. Sheet 1. Map of a Survey made for Norlander, Wallace and Young, revised 11/18/92 2. Sheet SP 1, Young residence, dated 3/23/95 Whereas, the above file is supported with the following documentation: 1. Staff notes, dated 3/28/95 2. Letter from the Adirondack Park Agency regarding a site visit, dated 3/17/95; and Whereas, the proposed subdivision has been submitted to the app,-opriate town departments and outside agencies for their review and comment; and Whereas, the modifications and preliminary subdivision terms contained in approval have the been - 18 - -- ~', ~ -- complied with. Therefore, Let It Be Resolved, as follows: The Town Planning Board, after considering the above, hereby move to approve final subdivision plat, Charles Young, file # 4-1995. Let it be further resolved: 1. That prior to the signing of the plat by the Chairman of the Planning Board all appropriate fees shall be paid and that within 60 days of the date of this resolution the applicant shall have the signed plat filed in the Office of the Clerk of Warren County. 2. The applicant agrees to the conditions set forth in this )-esolution. 3. The conditions shall be noted on the map. 4. The issuance of permits is conditioned on compliance and continued compliance with the Zoning Ordinance and subdivision regulations. Duly adopted this 28th day of March, 1995, by the following vote: MR. BREWER-What happens if it turns out to be that the soils? ,MR. MARTIN-If there's a problem, then there's a series of options, I believe, available to him, via a mound system or something of that nature, that would be reviewed by the Building Department Staff, and if it got into a situation of a, say the worst case scenario, where absolutely nothing would work, you'd have to go to a holding tank. That's a matter before the Board of Health, which is the Town Board. MR. PALING-Okay. MR. MACEWAN-Are you under some critical time table to get approval? MR. AUFFREDOU-No. I made that clear last week. AYES: Mrs. LaBombard, Mr. Stark, Mr. Obermayer, Mr. Paling NOES: Mr. Brewer, Mr. MacEwan ABSENT: Mr. Ruel MR. BREWER-The reason I voted, I'll tell you why I voted no, is I think we're approving a final subdivision with stuff that we should have done in preliminary. That's ~ comment. MR. AUFFREDOU-I know we have, basically, six months on this subdivision, on the final. As I indicated, there's some negotiations going on right now. So I'd like to know how much time I could have to submit my summary of the options for the remalnlng portion of the property? It's going to be either or. I just don't want to submit something and then have one of those other' agencies come forward with another option and tie my client's hands. MR. MACEWAN-With this approval, it would have to be submitted when the plat gets signed. MR. BREWER-All those things have to be done first, right? MR. MARTIN-Yes, prior to signing. MR. AUFFREDOU-How much time do I have? MR. MARTIN-One hundred and eighty days. - 19 - -" /-,,' MR. AUFFREDOU-Before this is filed? MR. MARTIN-Yes. MR. SCHACHNER-Conditional approval is 180 days. MR. AUFFREDOU-Thank you. MR. PALING-Okay. Thank you. SITE PLAN NO. 9-95 TYPE: UNLISTED OWNERS: SAME AS ABOVE ZONE: CR-15 (TABLED) GARY & VALERIE RANDALL LOCATION: MAIN STREET GARY RANDALL, PRESENT MRS. LABOMBARD-The public hearing last week was tabled. MR. PALING-The whole effort was tabled. We'll allow public comment if necessary, but it was tabled so that another look could be taken at the layout of the access and parking ,~nd so on. MRS. LABOMBARD~Okay. MR. PALING-Okay. Scott, do you want to talk to us about this? MR. HARLICKER-The Board requested, last week, that he come in showing the, we talked about a bunch of options. One of the options was shutting off the existing driveway, or getting a variance for the existing driveway, and then showing a separate combined access point for the parking area on the east side of the house. The applicant has submitted a revised plan showing that access point, or combined access point on the east side of the parking lot. I think that consideration should be given to comi ng up wi th maybe a combi ned' par.ki ng area fo," the two businesses that are side¡by side. I think that would be the ideal situation. ' MR. BREWER-In other words, have his parking down in the front? MR. HARLICKER-Well, right now, the parking for the Sattery is really insufficient. You almost have to back out onto Main Street, which is really an unsafe situation. If you combine the two parking areas, there'll be room to turn around within the parking lot and then just pull directly out onto Main Street. MR. BREWER-Where's the Battery Shop'~'parking lot, though, down here? MR. PALING-No. One parking lot leads to the other. MR. HARLICKER-There's about a three foot strip, two and a half foot strip of grass in between them. MR. PALING-I had occasion to be in the Battery Shop, and I came east on Main Street, and my first pass, I couldn't get in. There were five vehicles there, including a truck. So I went down the street, turned around and came back, and the truck had gone, and I could drive in, and I was the fifth vehicle in that lot, and it's tough. I could back around and, get out, but most had to back out onto Main Street to get out of the Battery Shop, and that's kind of a bad condition. MR. MARTIN-It's illegal, as a technical matter. MR. PALING-Did you have any further conversation with the gentleman that owns the Battery Shop? MR. OBERMAYER-What was the outcome of the first conversation? - 20 - -~~ '~ "'--' -..../ -, ---/ MR. RANDALL-First let me say, I'm Gary Randall, representing myself and my wife, Valerie Randall. I spoke to him two days ago. Things went well. Pretty much what was said was to get a price on it both ways, a price on my design parking and a price on how much more it would be to do (lost word) distance between my property line and the end of his parking, which is probably somewhere between three and five feet. The impression I got is that he felt it would be to his benefit to have the parking lots connected. MR. MARTIN-It access, which to the public properties. certainly would be from the standpoint of public is our primary role in this, as to how it connects highway, to have one access point serving both MR. PALING-Yes, that would be, one access point that would serve both, and hopefully the cars would park, drive directly into each building and then have plenty of room behind to back out and then drive out. I wish I had that privilege when I went to get the battery charged, when I went there, but I didn't. MR. RANDALL-The revised plan shows for my parking area, it shows, like, 12 foot entrance and a 12 foot exit, which is more than adequate. It doesn't exceed the limits. I did get a permit for that lot for the driveway entrance. My main concern is my own personal parking lot, but I am more than willing to work with my neighbor to enhance his parking. It was my idea. I would be glad to see this connected and have the cars be able to park in the other direction, and if a car was facing my property and on his property, I would have no problem whatsoever for them to even have to bother to turn around on his property to drive through my entrance/exit. MR. PALING-It would be far better for both businesses to do it that way. There's a common, and in doing it that way, I think Scott explained, you'd sort of be borrowing 10 feet from each other, to give you that 20 foot lane to back into and drive directly out, rather than be forced to back out there onto Main Street. Okay. What other comments do we have on the Board? MR. MACEWAN-I guess a couple of questions I have. Do you have some sort of binding agreement with your neighbor about shared dr i ves? MR. RANDALL-I don't really want it for deed rights, or whatever you're referring to. Should there ever be a problem, should there be a change of ownership, and they need the buildings, it would just be a hassle. MR. OBERMAYER-Actually, it's going to benefit the neighbor more than it's going to benefit you. MR. RANDALL-I would definitely say that. Having this, my revised map, as is, is more than adequate for myself, and if he's willing to have the remaining section (lost words). MR. PALING-Well, what you're asking us to do is to approve this plan, as it is, and then you would maybe some day work with your neighbor on a common drive. MR. RANDALL-I'm more than willing to. I'm going to get the prices. Like I said, he didn't give me a definite yes. The feelings I've got would be that that's what he would like to do. MR. PALING-It's not uncommon for us to go for common shared driveways. We just did it with McDonald's, this type of thing, and it's not uncommon at all, when we try to ~·educe the curb cuts and accesses to a minimum, especially along a street like this, and I guess what I'm pointing toward is I'd like to see you agree with your neighbor and have that on that basis, to go ahead with - 21 - "'- it, but I'll see how the rest of the Board feels on that. MR. BREWER-I think it's a great idea if he does it, but I don't know how legally we can make him do it, can we, Mark? MR. SCHACHNER-No. You can't force it, and by the same token, although it sounds fine, I think, to everybody, unless it is formally accomplished by way of some sort of deed or formal agreement, you also can't rely on it, and I think the applicant's being candid in saying you can't rely on it, because he doesn't want you to rely on it. . MR. RANDALL-I'm here to take care of myself, and I'm more than willing to help my neighbor out. MR. PALING-Well, can we approve violating anythi.q~? OkaY,~ this as it is, here, without , ' MR. RANDALL-The only problem 1 ran into was having ~~o,driveways on one lot. MR. MARTIN-Right. existing driveway. He indicated he's willing to give up the MR. RANDALL-No, no. I'd have two separate lots. MR. BREWER-Two separate lots. MR. MARTIN-I see. Okay. MR. RANDALL-I have a driveway entrance for the 25 foot lot. MR. BREWER-How are you going to differentiate that, though? MR. RANDALL-Do I need to differentiate it? I have the tax map that shows. MR. BREWER-No. I don't have a problem with thät. I mean, how are you going to stop your customers from using that driveway? I mean, you really can't. MR. RANDALL-I don't see how anybody would want to drive in there. The entrance is over on the other side. Everything is oriented to show the appearance of the entrance on that side. MR. BREWER-Okay. So then what's the need for it? MR. RANDALL-For private, our private parking, private entrance, access to the existing ~arage. MR. PALING-It's a very welcome you to occupy it, there YOU're, obviously, that'd be a problem. narrow driveway. It doesn't really I don't think. Because if you park in bloc ki ng the gar age,' I don't thi nk MR. MACEWAN-The area down there, it's strictly zoned as Commercial Residential, but does that mean you can only have a certain, for this particular usage down there, future for small professional type offices, nothing that would have a high volume? MR. MARTIN-Right. The uses are clearly restricted in that zone. MR. MACEWAN-I guess my concern is, if he ever decided, down the road, to sell this parcel, what kind of problems would we be creating having more traffic rolling into there, with a high usage office of some kind? MR. MARTIN-You have office building, social club or fraternal organization, hospital, nursing home. health related facility, day care center, restaurant, banking facility, gas station. - 22 - '-' ~,~ -r" MR. MACEWAN-So it's wide open, then. MR. RANDALL-It's to ~ understanding you have to show adequate parking per square footage of the building. So anybody that wanted to show, I had to show per 150 feet. Anybody that did a business, I believe (lost word) per 100 feet or whatnot. MR. MACEWAN-Does Staff feel comfortable with the two 12 foot entrance/exit? MR. MARTIN-The mlnlmum is 20 feet. So we're in excess of that, actually, 20 feet's a little tight anyhow. MR. PALING-Okay. Do I hear a motion? MR. BREWER-We've got to do a Short Form SEQRA, first. RESOLUTION WHEN DETERMINATION OF NO SIGNIFICANCE IS MADE RESOLUTION NO. 9-95, Introduced by James Obermayer who moved for its adoption, seconded by Robert Paling: WHEREAS, there application for: is presently before the Planning GARY & VALERIE RANDALL, and Board an 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 28th day of March, 1995, by the following vote: AYES: Mr. Stark, Mr. Obermayer, Mrs. LaBombard, Mr. Brewer, Mr. MacEwan, Mr. Paling NOES: NONE ABSENT: Mr. Ruel MR. SCHACHNER-Excuse me, Bob. My notes public hearing was not closed last month. should close it now, before your motion. say that the Randall If that's true, you - 23 - MR. PALING-Yes. I think we talked about that before. MR. OBERMAYER-Yes. We did. MR. PALING-Let me ask if there is anyone else fTom the public that would like to speak about this matt~r?" No?' The public hearing is, therefore, closed. ~, , Î! PUBLIC HEARING CLOSED MOTION TO APPROVE SITE PLAN NO. 9-95 GARY & VA~ERIE RANDALL, Introduced by Timothy Brewer who moved for its adoption, seconded by Craig MacEwan: Duly adopted this '28th' day of March~ 1995, by the following vote: -, '. '. _ 1" ~ ,; ("', t AYES: Mr. Obermayer, Mr. Brewer, Mr. Ma6Ë~an, Mr. Stark;' Mr. Paling , NOES: NONE ABSTAINED: Mrs. LaBombard ABSENT: Mr. Ruel MR. RANDALL-Thank you. MR. PALING-Thank you. NEW BUSINESS: SUBDIVISION NO. 6-1995 PRELIMINARY STAGE TYPE: UNLISTED MARILYN SMITH KARA BEAMS - POWER OF ATTORNEY OWNER: MARILYN SMITH ZONE: LC-l0A/RR-5A LOCATION: WESTERLY OF TUTHILL ROAD PROPOSAL IS TO SUBDIVIDE A +/- 99.53 ACRE PARCEL INTO TWO LOTS OF 53.89 ACRES (LOT 1) AND 45.64 ACRES (LOT 2). THE PROPERTY IS LOCATED IN THE TOWN OF LAKE LUZERNE AND THE TOWN OF OUEENSBURY WITH 28.63 ACRES OF LOT 1 AND 29.4 ACRES OF LOT 2 IN OUEENSBURY. APA TAX MAP NO. 123-1-40.1 LOT SIZE: +/- 99.53 ACRES SECTION: SUBDIVISION REGULATIONS MELANIE FUERST, REPRESENTING APPLICANT, PRESENT STAFF INPUT Notes from Staff, Subdivision No. 6-1995, Marilyn Smith Kara Beames/Power of Attorney, Meeting Date: March 28~ 1995 "This is a simple two lot subdivision. The topography is steep with relatively level building area near the road. Lot one has an existing house with a septic system and a well; lot two has an existing barn. The property is split zoned with the steep rear portion of the property zone LC-l0A and the front buildable area zoned RR-5A. Both 16ts will be serviced by site septics and wells." MR. HARLICKER-It's a fairly straightforward two lot subdivision. MR. with the No. PALING-Yes. I don't have any comments on this one. I agree Scott. It's pretty straightforward. Does anyone else on Board have any comments, before we talk to the applicant? Okay. Are you representing the applicant? MS. FUERST-I represent the applicant. Northeast Land Survey. Melanie Fuerst from MR. PALING-Okay. Well, I don't have any questions. MR. OBERMAYER-Neither do I. Itls a nice piece of property. MR. PALING-I think it's very straightforward, and I don't think - 24 - '-' --' '-' './ we have any questions. All right, then. have we got now? The public hearing. hearing for anyone that would like application. I guess we better, what We'll open the public to talk about this PUBLIC HEARING OPENED NO COMMENT PUBLIC HEARING CLOSED MR. PALING~Okay. Then we're going to have to do a SEQRA, and this is the Long Form SECRA. RESOLUTION WHEN DETERMINATION OF NO SIGNIFICANCE IS MADE RESOLUTION NO. 6-1995, Introduced by James Obermayer who moved for its adoption, seconded by George Stark: WHEREAS, the)"e application for: is presently before MARILYN SMITH, and the Planning Board an 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 $tate Environmental Quality Review Act and the regulations of the Town of Queensbury. 4. An Environmental Assessment Form has been completed by the applicant. 5. Having considered and thoroughly analyzed the relevant areas of environmental concern and having considered the criteria for determining whether a project has a significant environmental impact as the same is set forth in Section 617.11 of the Official Compilation of Codes, Rules and Regulations for the State of New York, this Board finds that the action about to be undertaken by this Board will have no significant environmental effect and the Chairman of the Planning Board is hereby authorized to execute and sign and file as may be necessary a statement of non-significance or a negative declaration that may be required by law. Duly adopted this 28th day of March, 1995, by the following vote: AYES: Mr. Stark, Mr. Obermayer, Mrs. LaBombard, Mr. Paling NOES: NONE ABSTAINED: Mr. MacEwan ABSENT: Mr. Ruel, Mr. Brewer MR. PALING-Okay. We need a motion. MR. HARLICKER-There's a prepared resolution, also, for this project. - 25 - MR. MACEWAN-On this subdivision, the clearing limits denoted with dimensions, so that we know where they're be. should be going to MR. STARK-It's all cleared off down at the bottom anyway. MR. MACEWAN-There's wooded up higher, according to the map. MRS. LABOMBARD-Yes, but that's just a fraction of the amount of land. MR. OBERMAYER-Yes. There's a ton of property there. MR. PALING-I don't think we need it in this case, do we? MR. OBERMAYER-No. I don't think so. MR. PALING-We'll see what others say, Craig, but I don't think we need it. , .,! ", f' il,;. MR. MACEWAN-Okén;., ':! ;~~'m just brlnQ,ing it ,up fOTi sug~~~tiori'1' MRS, FUERs,s":$fn¿e I 've'i çkHI~~i"thi~i ,ma~:~,;thi~ mappi n~, f<;)1- t.his showing where the cleariDg went towÂrd, it was under progress of being logged, but now it~s complet~ly ~raded off and'flat. I don't know if anybody's had a chance to drive by, but it's completely all graded. MR. MACEWAN-That's why I'm abstaining. MR. OBERMAYER-Yes, we were there. MR. PALING-Yes. I was there. resolution on this one. Okay. All right, and we have a MOTION TO APPROYE SUBDIVISION ~9. 6-1995 PRELIMINARY STAGE MARILYN SMITH, Introduced by James Obermayer who moved for its adoption, seconded by George Stark: As noted. Whereas, the Town Planning Department is in receipt of preliminary subdivision application, file # 6- 1995, to subdivide a 99.53 acre parcel into two lots; the parcel is split between the Town of Luzerne and the Town of Queensbury with 28.63 acres of Lot 1 and 29.4 acres of Lot 2 in Queensbury; and t.Jhereas, the above application following: referenced preliminary subdivision dated 2/17/95 consists of the 1. Sheet 1, 2 lot subdivision of lands of Marilyn Smith, dated 2/17/95; and Whereas, the above file is supported with the following documentation: 1. Staff notes, dated 3/28/95 Whereas, a public hearing was held on 3/28/95 concerning the above subdivision; and Whereas, the proposed subdivision has been submitted to the appropriate town departments and outside agencies for their review and comment; and Whereas, the requirements of the State Environmental Quality Review Act have been considered; and - 26 - ~ ~ ,.,/ Whereas, the proposed subdivision is subject following modifications and terms submission of the plat in final form; to prior the to Therefore, Be It Resolved, as follows: The Town Planning Board, after considering the above, hereby move to approve preliminary subdivision MARILYN SMITH, file # 6-1995. Duly adopted this 28th day of March, 1995, by the following vote: AYES: Mrs. LaBombard, Mr. Stark, Mr. Obermayer, Mr. Paling NOES: NONE ABSTAINED: Mr. MacEwan ABSENT: Mr. Ruel, Mr. Brewer SITE PLAN NO. 10-95 TYPE II WILLIAM BERNARD OWNER: ABOVE ZONE: WR-1A LOCATION: NORTH CORNER OF KNOX & PT. ROADS PROPOSAL IS TO CONSTRUCT A SUN DECK/ROOF EXISTING DOCK. WARREN COUNTY PLANNING: 3/8/95 LGPC NO. 7-1-16.6 LOT SIZE: N/A SECTION: 179-16D SAME AS ASSEMBLY OVER AN TAX MAP WILLIAM BERNARD, PRESENT STAFF INPUT Notes from Staff, Site Plan No. 10-95, William Bernard, Meeting Date: March 28, 1995 "The applicant is proposing to construct a roof/sundeck over an existing dock. The deck will be approximately 18 feet wide and 34 feet long; the top of the railing will be approximately 12 feet above the water level. The roof complies with the crit~ria found in Section 179-60 of the Zoning codè relating to cov~~ed docks." MR. HARLICKER-Warren County approved with the condition that the steps to the sundeck are from the dock and not from the land, and there's also a prepared resolution for this project. MR. PALING-Right. question I have on on the deck, will surface? Okay. I don't have many comments. The only this was that the railing that will be built that be open? It won't be a closed solid MR. BERNARD-No. MR. PALING-It'll be open. questions on this? Okay. Does anyone else have any MR. STARK-Did you plan on building the steps from the dock rather than the land? MR. BERNARD-Bill Bernard, Assembly Point. I hadn't planned either way, but if I had put them on there, they had called me, and they asked me where my steps were going to come from, and I said from the land, because it's the shortest route up, and I didn't know it, but they don't approve them going from the land. I happened to get there before they closed the meeting, and before they disapproved it, so I said I'd put them from the dock. MR. PALING-Okay. It's not a problem. We can make that part of the motion. MR. BERNARD-Yes. I don't have a problem. MR. PALING-Okay, and that's satisfactory? - 27 - MR. HARLICKER-Yes. MR. PALING-Okay. Any other comments? MR. OBERMAYER-No. I mean, your neighbor has the exact, he has a roof over his already. MR. BERNARD-Right. MR. PALING-Several. MR. OBERMAYER-Yes, right along there. MR. PALING-The whole neighborhood has got, there's a bunch of them there. That shouldn't be a problem. MR. OBERMAYER-What's the overall height going to be on it? MR. PALING-Twelve feet. MR. OBERMAYER-Okay. Here it is. Right here. MR. PALING-Okay. We have a public hearing on this. Is there anyone here from the public that would like to talk about this subject? PUBLIC HEARING OPENED MR. HARLICKER-We did get a phone call from a John Quinlan. He owns a dock to the south. His cómment was that it's too congested and this roof will block his views of the lake. We have a letter from Joseph and Janice Tornabene, "In reference to the application of William Bernard of Knox and Assembly Point Roads for construction of a sun deck/roof over his existing dock. As bordering neighbors we are fully in favor of the project as Mr. Bernard respects his neighbors and the best interest of the lake. Respectfully, Joseph & Janice Tornabene" PUBLIC HEARING CLOSED MR. PALING-There seems to be lots of docks in that area. I don't think we could turn it down on the basis of it. It fits the neighborhood.. Okay. Now, do we need a SEQRA on this? ,"j i MR.. HARLICKè:R.-It's cODsidlqred a Type IX ·.Aç;tion. So SEQRA is not a requ,ir ement., , MR. PALING-Okay,.; Then we resolution on this one. , Ii.! ,Jt' can entertsln .amotion. We have a MOTION TO APPROVE SITE PLAN Introduced by James Obermayer seconded by George Stark: NO. who ~O-95 moved WILLIAM for its BERNARD, adoption, 11,,1 As noted. Whereas, the Town Plannlng Department is in receipt of site plan subdivision file' 10-95 to construct a deck over an existing dock; and Whereas, the above mentioned site plan application, dated 2/22/95 consists of the following: 1. Sheet 1, site ~lan, ~ridat~d 2. Sheet 2, elevations, undated; and Whereas, the above file is supported with the following documentation: 1. Staff notes, dated 3/28/95 - 28 - ........... ,----" '- ..- Whereas, a public hearing was held on 3/28/95 concerning the above project; and Whereas, the Planning Board has determined that the proposal complies with the site plan review standards and requirements of Section 179-38 of the Code of the Town of Queensbury (Zoning); and Whereas, the Planning Board has considered the environmental factors found in Section 179-39 of the Code of the Town of Queensbury (Zoning). Whereas, the requirements of the State Environmental Quality Review Act have been considered; and Therefore, Let It Be Resolved, as follows: 1. The Town Planning Board, after considering the above, hereby move to approve site plan ~ 10-95. 2. The Zoning Administrator is hereby authorized to sign the above referenced plan. 3. The applicant shall present the above referenced site plan to the Zoning Administrator for his signature. 4. The applicant agrees to the conditions set forth in this resolution. 5. The conditions shall be noted on the map. 6. The issuance of permits is conditioned on compliance and continued compliance with the Zoning Ordinance and site plan approval process. Duly adopted this 28th day of March, 1995, by the following vote: AYES: Mrs. LaBombard, Mr. Stark, Mr. Obermayer, Mr. Paling NOES: NONE ABSTAINED: Mr. Brewer, Mr. MacEwan ABSENT: Mr. Ruel SITE PLAN NO. 5-95 TYPE: UNLISTED MCDONALD'S CORP. OWNER: EDWIN KING ZONE: HC-1A LOCATION: EAST OF EXISTING KING FUEL SERVICE STATION AT THE INTERSECTION OF DIX AVENUE AND QUAKER ROAD. PROPOSAL IS TO CONSTRUCT A MCDONALD'S RESTAURANT AND RELATED SITE IMPROVEMENTS. CROSS REFERENCE: AV 2-1995 SUB. 18- 1994 BEAUTIFICATION: 3/6/95 WARREN CO. PLANNING: 2/8/95 TAX MAP NO. 110-1-3.3 LOT SIZE: 1.833 ACRES SECTION: 179-23 D ED BEELER, REPRESENTING APPLICANT, PRESENT STAFF INPUT Notes from Staff, Site Plan No. 5-95, McDonald's Corp., Meeting Date: March 28, 1995 "PROJECT ANALYSIS: Staff has reviewed the project for compliance with Section 179-38A, Section 179-38B, Section 179-38C and to the relevant factors outlined in Section 179-39 and found that the project complies with the above sections: The project was compared to the following standards found in Section 179-38 E. of the Zoning Code: 1. The location, arrangement, size, design and general site compatibility of buildings, lighting and signs; The placement of the building in the center of the lot will allow for future expansion of Dix Avenue without significant impact on the site. Lighting includes six pole mounted lights on the site and one adjacent to the access drive. Wall mounted accent lamps will be located on the sides of the building. Signage includes directional signs and a freestanding road sign which are subject to a separate permit. - 29 - 2. The adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls; The main access to the site will be from Dix Avenue. The_access will service both the McDonald's site and the adjacent par~el to the east. This access will have to be designed to allow for left turns on to the adjacent parcel. A secondary access will be through the adjacent King Fuel parcel to the west. The secondary access will be 24 feet wide allowing for twelve foot lanes. Cir6Glation through the site is one way in a counter clockwise direction. There appears to be stacking room for about six cars in the drive through lane before any parking spaces are blocked. 3. The location, arrangement, appearance and sufficiency of off-street parking and loading; The applicant is proposing 48 parking spaces, including 2 handicapped spaces. Most of the parking spaces, 38 of them, are located around the perimeter of the paved area. The remaining 10 spaces, including the 2 handicapped, are located along the west side of ihe building. This arrangement works well with the proposed traffic flow and minimizes the number of customers that will have to cross in front of the drive through window to access the building. 4. The adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience; Pedestrian access is adequate. There will be three entrances to the building for 6ustomers, two on the west side and one on the east side. The entrance near the front on the west side will be handicapped accessible and adjacent to the handicapped parking spaces. 5. The adequacy of stormwater drainage facilities; Stormwater drairiage is being reviewed by Rist-Frost. 6. The adequacy of water supply and sewage disposal facilities; The site is serviced by municipal water and the on site septic system is being reviewed by Rist- Frost. 7. The adequacy, type and arrangement of trees, shrubs and other suitable plantings, landscaping and screening constituting a visual, and/or noise buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation and maintenance including replacement of dead plants; The applicant has amended the landscaping plan to incorporate the recommendations of the Beautification Committee. Since this is a very prominent intersection and viewed as an entrance into Queensbury, street trees along road frontages would be an asset. The back of the dumpster is lacking any screenIng. 8. The adequacy of fire lanes and other emergency zones and the provision of fire hydrants; Emergency access appears to be adequate. 9. The adequacy and impact of structures, roadways, and landscaping in areas with susceptibility to ponding, flooding and/or erosion. ponding, flooding and erosion do not appear to be problems. RECOMMENDATION: Staff would recommend that the access from Dix Avenue be designed to allow for a left turn lane into the adjacent parcel to the west, street trees be planted along the frontage of Dix Avenue, Highland Avenue and Quaker Road, and screening should be provided to the rear of the dumpster." MR. PALING-Okay. Thank you. MR. MARTIN-The only additional comment, in terms of the tree planting, it should be done in such a manner as to not interfere with any utility poles in that area or overhead utility lines. MR. PALING-Okay. If there are no questions for Scott, we'll ask Bill. I think you have comments on this? BILL MACNAMARA, RIST-FROST MR. MACNAMARA-The only remaining comments are dated March 21st, and they're in addition to comments that were dated on February 22nd and also the 15th of March. All the previous comments have been addressed and worked out between the applicant's engineering group and ourselves. The only additional engineering related - 30 - "--' '- -- comment that is not shown on a site plan has to do with elevation of the invert of the actual discharge point, which is an overflow point only. Our last comment 'letter is dated March 21st. They're in addition to comments that were made February 23rd and March 15th. Previous comments have all been worked out between the applicant and ourselves. The only outstanding engineering comment that has essentially been agreed upon, it just hasn't shown up on a site plan yet, has to do with the actual overflow of the stormwater system elevation point to the County's right- of-way, sewer, ditch, on Quaker Road. Essentially we had asked that the outlet be raised to a point that it was high enough to maintain, essentially, all of the stormwater on the McDonald's property before any overflow would occur, and they have agreed, and it simply hasn't been shown yet, and it's not a major issue except changing a drawing. Other than that, Scott indicated, we had reviewed the septic system. We had only reviewed it in a general fashion, since both the DOH and DEC are issuing permits. We understand those permits have been issued. Regarding the curb cut issue, we understand that the County is reviewing and has already approved the curb cut access arrangement as well as the regrading shown on Quaker Road. Those are our comments. MR. PALING-Okay. Yes, I think I agree with all of that. MR. OBERMAYER-Bill, flow into this 18 retention pond? regarding the stormwater, that's going to inch CMP which goes over to the K-Mart MR. MACNAMARA-In a worst case situation, yes, but the way they've got it designed and the way that, that's why we're concerned about that elevation out of that exiting drywell, is that it should all stay on their property, and infiltrate, or remain in the pipes until, I believe it's a 50 year storm calculates out to be necessary to reach that overflow point, before it gets to that 18 inch culvert, and before it gets to that culvert, they've changed from their initial design to include perforated pipe from their exiting drywell to that dit~h. MR. OBERMAYER-Okay. They're going to put a drywell at the exit right down here. Is that what you're saying? MR. MACNAMARA-It's actually, it's a catch basin, and that has been the property, at the K-Mart side drywell, and I've got details on included them at the Town's. the last, it used to be called changed also, at the corner of and the river side. That's a that also, and I think I have MR. OBERMAYER-I was just curious why you didn't put drywells throughout the parking lot, you know, instead of running with the catch basins. MR~ BEELER-My name is Ed Beeler, and I'm a Project Manager with McDonald's. Basically, our Design Engineer, who's Northeast Land Surveyors and Land Development felt that the perforated pipe provided a better option, here. It kept the water up above the seasonal highwater table, much better than it could with d,"ywells. MR. OBERMAYER-Okay. MR. MACNAMARA-The first submittal, we had asked ourselves the same question. They had then come back and put a large drywell at the exit, and added perforated pipe at the discharge, and actually showed to us in a little clearer fashion that the perforated pipe on their property was going to properly handle it. So, otherwise, we would have asked that also. MR. MACEWAN-Do you have a copy of the Staff Notes, Mr. Beeler? Did you receive a copy, because I'm just curious, would you address items five, six, and seven, and respond to them for us? - 31 - Actually, two of them have been taken care of. I'm curious about when you went to the Beautification Committee, they recommended additional plantings. MR. BEELER-They did ask for some bushes along the front row of parking there, which we did add. MR. MACEWAN-And Staff is also asking for some plantings along, as they put it, the side of the road. MR. PALING-Yes. Staff's are in addition to the Beautification Committee. Right. MR. MACEWAN-What was Staff looking for, specifically? MR. MARTIN-I think the basic comment was; and Scott can chime in here, too, was, you know, this is the first development we have beyond the King Fuel site, obviously; on this overall block, and I think we have an opportunity, here, to begin a theme, so to speak, of plantings along the roadways, there, and then, obviously, with the following site plan, that would occur further to the east here on the vacant property, we would pick up on that theme with that property. We have a chance, now, to begin plantings along the street here. MR. HARLICKER-And there's also a vacant 14 or 15 acre parcel across the street from this, where it will carryon the same sort of thi ng . MR. MARTIN-So over time you develop a tree, lined street there, so to speak, in that section of Dix Avenue. MR. MACEWAN-How much are you looking for, and what are you looki ng fo)". MR. MARTIN-I would think something on an agreed upon interval of plantings, you know, maples or something of that hature, I'd say every 20 or 30 feet or something like that. MR. BREWER-How much room do we have from the, he's got to be able to get them back far enough so that the salts from the road don't kill t.hem off. MR. MARTIN-Right, and I don't know where the power lines are exact.ly. I didn't review the. MR. HARLICKER-The property li~e is set back, originally, quite a ~.Jays from the. MR. MARTIN-Yes. So that should be adequate, then, for utility purposes. MR. MACEWAN-Would that be acceptable to you, Mr. Bee¡er, maple trees at 30 foot intervals? MR. BREWER-Thirty foot's quite a ways. MR. BEELER-I don't have a problem word) freestanding sign that's out our property line, so the maple problem, but 10 years down the road, our sign (lost word), flowering crab with planting trees. (lost. there, set back 15 feet from trees today would not be a they will grow up and block apples. MR. MARTIN-That's fine. Whatever's agreed upon. I just cited that as an example. MR. MACEWAN-How was it left with the Beautification Committee? MR. BEELER-The Beautification Committee, basically, they were just looking for three or four groups of bushes where the front - 32 - -- '--'" ' '-"' -/ parking stalls are, basically, just trying to hide some of the cars that were parking along there. They weren't asking for trees. They were just asking for bushes, which are now shown, the landscaping plan, to screen some of the cars. MR. MACEWAN-And for also screening the dumpster out back. MR. BEELER-We show some pine trees on both sides of there. We could move those around, add a couple there to screen the back of it. MR. MACEWAN-Is that acceptable to Staff? MR. PALING-Yes. I think to Staff you'll need to submit a new plan, so they'll. MR. MARTIN-Well, we should agree upon it tonight. MR. HARLICKER-Yes. We need to quantify the numbers here. MR. MARTIN-This just should be a matter of us approving what's agreed upon tonight. MR. PALING-Then lets stick with the dumpster, then. What do we ~.Ja nt to as k? MR. BREWER-Isn't a dumpster, typically put in a stockade fence type, corral type thing? MR. MARTIN-Is there going to be a stockade enclosure around the dumpster, or is it going to be? MR. BEELER-Well, it's a masonry structure, six feet tall. MR. BREWER-With a gate on the? MR. BEELER-With a gate on the front. So the dumpsters itself are screened within the structure. MR. OBERMAYER-When you say masonry, are they going to be block walls? MR. BEELER-Yes. It will be a (lost word) face block. MR. PALING-Okay, then that'll be the face, here. MR. MACEWAN-Why do you need plantings around that? MR. MARTIN-We thought it was a stand alone dumpster. MR. PALING-Okay. Then the seven pine trees I think will be adequate for that. MR. MARTIN-I think they're adequate. MR. PALING-Yes. So we can forget the dumpster, but now we talked about the frontage on Dix Avenue. MR. BREWER-You really think after maple trees get to they're going to deter people from going to McDonald's? think that's a problem. be big I don't MR. BEELER-Well, we are an impulse business, and if the sign is hidden. MR. BREWER-Boy, if they can't see the building and miss the sign, then I think you've got a problem. MR. MARTIN-There's no impulse in my five year old son. He knows exactly what a Happy Meal is and a play ground. - 33 - MR. PALING-But couldn't we give the applicant an option to do something else, if they feel strongly about that kind of a tree? MR. BREWER-Yes, but then are we going to have the next site plan come in and put crab apple trees? Is that? I mean, we've got to be consistent. MR. MARTIN-Yes, that's what I'm saying. MR. MACEWAN-I'm inclined to agree with Tim. I don't think that maple trees would deter from the Golden Arches. MR. BREWER-If they're 30 foot apart, granted if they grow to be 30 or 40 feet tall, I don't think it's going to block any view from McDonald's, that sign. I think the building itself is going to be big as life, and people are going to know it's there, and driving by, they're going to see the building before they're going to see the sign. Maybe I'm wrong. MR. OBERMAYER-Has the Beautification Committee said, given their okay? MR. MARTIN-This is the Planning Staff's comments. It's clearly recognized as a Planning Staff comment, in addition and above and beyond the Beautification Committee. MR. MACEWAN-I think Staff has a good idea, for trying to establish a nice, scenic entrance to that end of Town. MR. HARLICKER-I mean, this area here almost serves as ,an entrance point to Queensbury, right in here, and 1 think it's important that it start to get dressed up. MR. PALING-All right. We're down to one point regarding, do we want, are we going to say maple trees? MR. MACEWAN-How many trees are we looking at for that parcel? MR. MARTIN-Depending on the interval you plant them at. MR. MACEWAN-If we went with 30 foot. MR. OBERMAYER-They're going to grow. MR. MARTIN-One to twenty scale on the landscaping plan. I think that would yield, at 30 foot intervals, you're looking at, potentially, eight trees across the Dix Avenue side, eight trees along the Quaker Road side, and probably six along the Highland Avenue side. MR. PALING-That's 22 trees. MR. MARTIN-Okay. Yes, he's correct. side. Three along the Dix Avenue MR. MACEWAN-Three on Dix? MR. MARTIN-Yes. MR. PALING-You said eight Dix. MR. MARTIN-No. We're saying three along Dix Avenue. MR. BREWER-That's pretty sparse, isn't it, one on each end and one in the center, is that what you're saying? MR. PALING-Well, he scaled it off, though. MR. HARLICKER-We're talking probably one, do you see where the clumps of bushes are. - 34 - "'--' --/ -..../ MR. MARTIN-See, Tim, the parking spaces there along the front? They're each 10 feet wide. So that's a good gauge. So if you go one, two, three, well, maybe four. MR. BREWER-Four in the front? MR. PALING-Now you're talking Dix Avenue. MR. BREWER-Four on Dix Avenue. MR. PALING-All right. How about Quaker Road? Can Quaker Road take eight? You said eight. MR. MARTIN-Five, Bob, along Quaker Road. MR. PALING-Five sounds more like it, yes. on Haviland, four? How much do you want MR. MARTIN-Yes. Four will do it, on Haviland. MR. PALING-Okay. All right. Then there's only one question. I don't think we actually, is that the end of planting and trees? MR. OBERMAYER-I'm more than satisfied. MR. STARK-Mr. Beeler, the trees that you plant have to be taken into account, with the future expansion of Dix Avenue. MR. PALING-I get your point. MR. STARK-We're going to expand the road, you plant the trees and they expand the road and the trees are down. MR. PALING-That's right. MR. BREWER-That's why I asked if he's got room enough between the curb, and the building's set back. Remember we had them move it back an extra 16 feet? MR. PALING-Yes. MR. BREWER-So he's got plenty of room. MR. MARTIN-You can get them 30,40 feet off the road, still. MR. PALING-Okay. MR. BREWER-So if he puts 13. MR. PALING-That's 13 trees total. MR. BREWER-And what caliper? MR. PALING-What are we going with, three inch? MR. BREWER-Say an aVe1" age of three inch. MR. PALING-Yes. saying. I think three inch is about what we've been MR. MARTIN-Yes. MR. PALING-Okay. Can we move away from plantings and trees and things. MR. SCHACHNER-Bob, before you move on, the applicant has consented to that planting plan, I take it? MR. BEELER-Yes. - 35 - MR. PALING-And it'll be part of the m6tion. Yes. Okay. Now, the left turn lane into the adjacent parcel, has this been clarified, as per Staff comments? MR. BEELER-It's going to be kind of difficult to design a left hand turn lane for a development that we don't know what's going to happen, where they're going to put their building, where it's going to be laid out, how they're going to leave room for access. MR. PALING-Okay. Scott, I'll refer to you to comment on that. MR. HARLICKER-I was trying to come up with. MR. BREWER-The site plan that's going to come in on the next piece of property's going to have to design it when they come in, right? MR. MARTIN-That's the access point. MR. HARLICKER-Yes. MR. BREWER-So, lets not, I don't think it's a problem right now. MR. PALING-You can't do anything with it now, then. MR. BREWER-Like building's going for it. he said, we don't to be or anything. have any idea where the As long as room is provided MR. HARLICKER-So when they come in, they'll just have to redesign the whole thing to accommodate it. MR. PALING-When they come in. So lets take that out, okay. All right. Now, what other comments do we have here? What do we need next on this? MR. BREWER-Just a motion. MR. PALING-We need a motion. All right. The ,SEQRA's done. All right. I'll make a motion. MR. HARLICKER-There's a prepared resolution for this, also. MR. PALING-The public hearing has been held. If there's anyone here from the public that wishes to comment, we'll hear you, but the public hearing itself has actually been closed. MR. SCHACHNER-Not on site plan. The public hearing on site plan has not been held, and is listed for tonight. You're thinking of subdivision. So you should open the public hearing for site plan for tonight. MR. PALING-Okay. I stand corrected, but that's the way it reads. Okay. The public hearing on this subject is open, for anyone that cares to comment. PUBLIC HEARING OPENED NO COMMENT PUBLIC HEARING CLOSED MR. MARTIN-And the SEQRA was done during subdivision. MR. PALING-Yes. Okay. I will make a motion. MOTION TO APPROVE SITE PLAN NO. 5-95 Introduced by Robert Paling who' moved for its by George Stark: MCDONALD'S CORP., adoption, seconded - 36 - '-- -- ---- -- Owner: Ed King, with the following conditions: That the plantings be in accordance with the request of the Beautification Committee. In addition, that maple trees, three inches in diameter minimum, be planted as follows: Four on the Highland Avenue side, five on Quaker Road, and four on Dix Avenue. When this planting is done, consideration should be given to the expansion, future expansion, of Dix Avenue, that is to keep the trees as far back from the road as possible, as noted in the resolution. Whereas, the Town Planning Board is in receipt of site plan modification file # 5-95 to construct a McDonald's restaurant and related site improvements; and Whereas, the above mentioned site plan application, dated 12/27/94 consists of the following: 1. Sheet C-1A, site plan, revised 2/24/95 2. Sheet C-2, site utilities plan, revised 3/16/95 3. Sheet C-3, site grading plan, revised 3/16/95 4 . Landscaping plan, revised 3/8/95 5. Boundary an topographic survey, revised 2/22/95 6. Boundary and survey, revised 2/21/95 7 . Sheet Ai, floor plan, revised 8/1/94 8. Sheet A3, elevations, revised 8/1/94 9. Sheet A4, elevations, revised 8/1/94; and Whereas, the above file is supported with the following documentation: 1. Staff note, dated 3/28/95 2. Engineering comments, dated 2/21/95, 3/15/95 and 3/21/95 3. Stormwater management report, dated 11/94 4. Letter from the GFTC, dated 2/7/95; and Whereas, a public hearing was held on 3/28/95 concerning the above project; and Whereas, the Planning Board has determined that the proposal complies with the site plan review standards and requirements found in Section 179-38 of the Code of the Town of Queensbury (Zoning); and IrJhereas, the Planning Board has considered environmental factors found in Section 179-39 the Code of the Town of Queensbury (Zoning). the of Whereas, the requirements of the State Environmental Quality Review Act have been considered; and Therefore, Let It Be Resolved, as follows: 1. The Town Planning Board, after considering the above, hereby move to approve site plan # 5-95. 2. The Zoning Administrator is hereby authorized to sign the above referenced plan., 3. The applicant shall present the above referenced site plan to the Zoning Administrator for his signature. 4. The applicant agrees to the conditions set forth in this resolution. 5. The conditions shall be noted on the map. 6. The issuance of permits is conditions on compliance and continued compliance with the Zoning Ordinance and site plan approval - 37 - process. Duly adopted this 28th day of March, 1995, by the following vote: AYES: Mrs. LaBombard, Mr. Brewer, Mr. MacEwan, Mr. Stark, Mr. Obermayer, Mr. Paling NOES: NONE ABSENT: Mr. Ruel MRS. LABOMBARD-The next item is, we're going to go out of order, momentarily, here. It's a discussion item. It has to do with Dr. Robert Orban, Jr. DISCUSSION ITEM: Dr. Robert Orban. Jr. - Preliminary discussion regarding a variance application before the Zoning Board of Appeals on March 22nd (approved) that has been referred to the Planning Board for site plan review. MR. PALING-Do you have any comments from Staff on this? MR. MARTIN-Nothing formal. We'll have them next month when it's in for formal review. MR. HARLICKER-Looking at it, it's quite an improvement over what's there. MR. PALING-I agree. I pass that at least twice a day. I agree. MR. MARTIN-This was quite Zoning Board of Appeals. site plan review. a lengthy discussion each time at the One of the conditions placed on it was MR. PALING-Yes, and one of the conditions, also, in there, was that specific businesses are, it is limited to specific types of businesses, and will you tell us, when you come back, what business will be there. It's either one or two businesses, I understand. DR. ORBAN-My name is Robert Orban, and I hope to be the prospective buyer of this property, but I am not the current owner. I'm under realty contract for the property. Let me make sure I understand your question, because we did define a list with the Zoning Board, and it's 30 or 30 some long, as to what types of businesses can be allowed in there. They also defined that no more than two principal businesses occupy the building at anyone time. MR. PALING-Principal, define that for me. DR. ORBAN-That was their word. That should appear in the zoning variance. MR. PALING-Right, and that's what I was referring to, and when you come back for a site plan, that you'll select from this list of businesses as to what, you'll specify which business? DR. ORBAN-Well, two thirds of the building, the bigger part of the building, will be my office. MR. PALING-Your own office. Okay. DR. ORBAN-There'll be 1250 feet in the rear of the building that will be, I can give you the list. MR. PALING-No. - 38 - --- --- --../ DR. ORBAN-It will be one, hopefully, we'd rent it to one of those. MR. PALING-The same category as the ZBA specified. DR. ORBAN-Yes. Do you want any other additional information? MR. PALING-No, not at this time. MR. BREWER-What zone is this? MR. MARTIN-It was, I think, Suburban Residential, or Urban Residential. MR. BREWER-Does that require a buffer zone between the property line and where the house is? Do you know if it does, Mark? MR. SCHACHNER-It's not, are you talking about the buffer when there's a commercial zone adjacent to a residential zone? MR. BREWER-So that doesn't apply here? MR. SCHACHNER-Not if it's not a zoning dist1-ict. MR. BREWER-It's a variance, so it doesn't apply. MR. MARTIN-And it's also an existing building. MR. PALING-I have one other comment. It looks like you have a very nice planting job coming along, and I think we're all happy about that, especially when we drive by it all the time. See the building deteriorating and the lot not being improved. This should correct that. The people coming out of Dixon Court could have a problem if the bushes or whatever grow too high, in seeing around the corner. So I hope you'll take that into consideration when that's being designed and keep the plantings low, for now in the future, so when they come to turn left out of there, that they can still have a good look down Dixon Road. MR. HARLICKER-How are you going to control the access there out on Dixon Road? You've got it indicated as just one way in. What's going to prevent people from backing out and then trying to make right turns across traffic there onto Dixon? JIM MILLER MR. MILLER-At that only, sign, and I other thing we've when they come in out and continue di 1-ect ion. entry here, we're going to put a low, enter guess, you know, people try to get out. The done is we've angled the parking there. So and park, it's going to be much easier to back on and out, rather than to back the other MR. MACEWAN-Along that side of Dixon Road, as Bob was mentioning, you have the two pear trees that you plan on planting there. How tall do they grow, normally? MR. MILLER-They're a medium sized tree. They'll get to be 25 to 30 feet high, but they'll branch high enough that there won't be a problem. MR. MACEWAN-They won't obstruct a view down Dixon Road, to see oncoming traffic? MR. MILLER-No. They'll be able to see below it from eye level in a car. MR. MACEWAN-Okay. Fine. MR. MARTIN-Are there any power lines overhead in that area? - 39 - MR. MILLER-Not along the road. There's just an easement across here, and we sort of straddle that. MR. MARTIN-Okay. MR. STARK-Have you talk to any neighbors, like Mickey behind you, or Timmy Chase, at all? DR. ORBAN-Have I spoken with them? Mickey Choppa was at the public hearing for the Zoning Board, and was all in support of this idea. He just wanted to make sure that there were no commercial enterprises in there, retail businesses. MR. PALING-Yes. You don't intend any the building? It's going to be what it changes to the profile of is? DR. ORBAN-Correct. There may be some very minor adjustments, if we are going to need to add in a door or two, and then (lost word) outside the mansard, we might put a little overhead protector, or something like that. There will be no more physical structure added to the building to increase the interior square feet. MR. HARLICKER-Are you going to be doing any sort of exterior renovations to the facade or anything like that? DR. ORBAN-Yes. What we have planned is to renovate the surface of the mansard with a metal, what would look like almost like a Spanish tile, metal, as opposed to having it look like a store front, like Seven Eleven or something like that, and I plan to run the, continue what's there on the batten board, in the front, and a thi rd of the way down the side of the bui ldi ng, just e:<tend the batten board down (lost words). MR. PALING-When are you going to start? DR. ORBAN-Well, hopefully settlement at the end of April, and then start very shortly after that. I'd like to be in there the f i )"st of August. MR. OBERMAYER-Is the parking lot going to be all the precast concrete pavers? DR. ORBAN-Probably not, at this point. I would prefer, initially, for matters of cost, to do that either with, essentially, Grade One Railroad Tie or perhaps some six by six landscaping timbers first. They cost about, the cost of the concrete pavers is about $4500 for that length, and initially coming in, not aware 01 the expens~ of this type of landscaping, and so I plan to do that, at least provisionally, some type of timber, with the idea that, maybe a number of years down the line, we c00ld change that over. MR. MARTIN-Just so you're aware, we try and stress this with applicants, that landscaping is part of your CO. So CO won't be issued until the landscaping plan is installed as approved. MR. OBERMAYER-So if you're not going to use pavers, you ought to change it. MR. MARTIN-Yes. I'm just saying, take that into consideration, which is design your plan, whatever you can afford, you can afford, and that's what should be part of the plan. Sometimes we get applicants that come in showing the Board what they think they want to see, and then they go away and they run into budgetary problems or something. DR. ORBAN-The border along the parking lot, where we're talking about here, in concrete pavers versus a wooden structure, would be the only thing that I think would be in variance with the - 40 - -- -- -/ existing (lost word). MR. BREWER-Okay. MR. OBERMAYER-Okay. MR. PALING-Any other comments? MRS. LABOMBARD-I'm just glad to see that building's going to be used for something nice like this. MR. PALING-Okay. What do we do now? Nothing. MR. SCHACHNER-Nothing. MR. STARK-See you next month. MR. PALING-Okay. MRS. LABOMBARD-Next on the discussion items is Site Plan No. 13- 90 The Great Escape. SITE PLAN NO. 13-90 GREAT ESCAPE Five year condition regarding sand and gravel extraction to expire. JOHN LEMERY & TOM WAGES, REPRESENTING APPLICANT, PRESENT MR. PALING-Okay. Staff, Scott? MR. MARTIN-Well, the reason why this is here. This is, the Planning Board, in 1990, approved a site plan for a gravel extraction operation in the area behind the Trading Post, and that expired yesterday, and that's why this was attempted to be on your agenda last week. I think, as it stands right now, the permit is, technically, expired, and I think, based on what, I've reviewed the old plans, things there that are present today seem to be substantially different than they were on that plan. What I would suggest, that this come for a full site plan review, as called for in the Land Conservation zone, and hopefully we can get that submitted as soon as possible and get it under review. MR. PALING-Okay. Then you're saying to let the expiration be, to not allow a short term extension, just go right for the full site plan review? MR. MARTIN-Right. That would be my recommendation, with the Board's discretion, but that would be my recommendation. There has been things I noted out there. Last fall, they did appear to seed the one slope there, in the area in front of it, they have a berm along the top edge of the upper tier, but I think we need to get information on it. What's the existing topography? What is the proposed topography? What's the extent of the extraction proposed? What's the remediation plan when it's completed? What's proposed for temporary erosion control? All those types of things, because this is obviously very close to the wetland. It actually adjoins it. MR. BREWER-I would just make a comment, if it expired yesterday, legally, do we have a choice, rather than just go right to a site pIa. n? MR. OBERMAYER-Yes, that was ffiZ question, too. MR. LEMERY-If I could speak to it, please. My name is John Lemery, counsel for the Great Escape. I asked for a week's extension. I was out of town last week, and I asked Jim if I could have a week's extension and put it on the agenda tonight, and he said yes. So I assumed that by getting a week's extension, we had a week's extension, and that we could come up here and discuss the issue with you tonight. - 41 - MR. PALING-Well, I may be at fault there. I'm not sure. What happened last week was that I picked up a verbal comment that said you weren't coming tonight, and I just announced, and there were people from the public here, that this was off the agenda, you wouldn't be here tonight, and that's where the matte,' ~..¡as dropped, and I did not, at that time" didn't read the letter, evidently, that you sent in, and I don't know where that leaves us right now. Mark, you're going to have to tell us, I guess. MR. SCHACHNER-Yes. I guess I don't see the complexity of the issue. I know none of the facts about the application, but the only letter that's been furnished to me, at least, is a letter dated February 27th from the applicant~s counsel, simply asking that this matter be placed on the March agenda. It's on the March agenda. I guess something's being reviewed. I'm not sure what, but I think that the answer to Tim's question is, no. We don't have any choice. MR. PALING-But to call for a complete, call for a site plan review. MR. SCHACHNER-Yes. I think I agree with Jim's analysis, and I don't really understand that there's any issue about it. MR. OBERMAYER-Because the date has expired on the original permit. MR. PALING-It expired yesterday. MR. SCHACHNER-Well, for two reasons, actually. That's the obvious, easy one. That's simple. That's a no brainer, to me. It's expired. It's expired, but the other reason, I guess, if I'm understanding Jim correctly, and again, I don't know any of the facts, but if I'm understanding his analysis correctly, I think he's indicating to the Board that th~ facts and circumstances involving the application are substantially different now, not necessarily, he hasn't said better or worse, just substantially different than they were five years ago, and that, in and of itself, would give the Board the discretion to require a new application, rather than merely extending something that was currently in effect. MR. PALING-Right. MR. SCHACHNER-So I guess for both reasons it seems like a pretty easy call, to me. MR. PALING-Right. MR. LEMERY-I guess I would object. We called jim Martin last week. I was called out of town to my daughter's, and we asked for a week's extension, and we were told we could have a week's extension. So, had I known, on the last week, that it was going to be not, we weren't going to be given a week's extension, I would have had another lawyer come up here and view it. So, I'm nonplussed about that. I don't think that's the way I understood the issue, and I'm not sure that's fair. Secondly, the DEC extended a permit here last spring. This sand and gravel extraction has been permitted by the DEC through 1998. Tom Wages wasn't there in 1990. We don't see any big issue here, in terms of extending this to through the time that the DEC has extended the permit. The DEC is up there all the time. There's no involvement anywhere near the wetland. The 100 foot buffer has been protected. There's screening up there. DEC has been there all the time, on the periodic inspection. Crown vetch was put in last year. It's starting to grow now. The Great Escape needs to have access to the sand that they're taking out of there to complete the attractions that they're working on. So if there's some sort of site plan review that you're going to require here, if that's the determination, we can get at that, but I think - 42 - '-- -- ...,../ there ought to be some sort of extension, preliminary extension, or a period of time during which we have an opportunity to submit a site plan, if that's where this is going, not terminate the Great Escape's ability to use its land under what I thought was an extension until, there was going to be a discussion. We were told, come up here and we'll discuss what the issues that we need to address are. I thought one of the principal issues was going to be parking, and I wanted to assure the Planning Board that they're not using that area for parking, and if they decided to use it for parking, we fully understand it requires a variance. So that's not an issue. MR. WAGES-I must say, I simply am, I didn't find out about this until the today, frankly, but I'm quite concerned that all of a sudden this Board is coming to us and saying, you can't take sand from an area that we've been taking sand from for years and years. We have a permit. It's posted, by the Department of Environmental Conservation, who oversee these kinds of things. The permit that we received in 1990, from both this Board and the DEC, has been followed, and we are following those permits. Now, if there's some specific problems that I'm unaware of, we'll certainly deal with that, but we have not exceeded the amount of reclamation that was cited in those permits. In fact, we're probably only a third of the way into what was approved in 1990 and was the Board has approved here in 1990. I think, it seems to me that the procedure here should really just be to allow us to continue to go along with the permit that was provided to us and has been watched over by the DEC. MR. PALING-Well, okay. MR. MACEWAN-I have a question for our attorney. Is the Zoning Administrator empowered to grant extensions? MR. SCHACHNER-Not of site plan approvals, no he's not. MR. STARK-Well, seeing as the fault was the Town of Queensbury's, because Jim wasn't here last week to tell us that the applicant asked for a week's extension, and so on. MR. MARTIN-I've got to say in fairness, I informed the applicant's counsel of this coming up this spring, last fall. MR. STARK-Well, we had no idea, last week, that Mr. Lemery had requested a week's, we just thought no applicant was here. Scott dicln't know. MR. PALING-If we had known the expiration date was when it was, then I think we would have gone ahead and, well, no. We didn't know until after the announcement to the public was made, and then there wasn't anything we could do about it, and I think if we had, my own feeling is that we'd have gone for a very short extension, allowing time for their new site plan, and then get into the details of it, I think is what we would have done. MR. STARK-Can we still do that, Mark? MR. SCHACHNER-I understand everything everyone's saying about the equities of it, and I don't have any position about that. That's not my job. My job is to protect, mainly to guide this Board in complying with legal procedures and to protect you from any litigation claims and things like that. I don't understand how there's really a legal issue here, to be honest. I'm very simplistic. It seems to me that an approval was issued by the Town of Queensbury on a certain date. That approval was issued for a certain amount of time. That amount of time has now expired. Therefore, my legal opinion, and this is not because I want this to be the case by any stretch of the imagination. I don't know anything about the details of the misunderstanding, if there ~ a misunderstanding. None of this, obviously, invol\t'ed - 43 - me, but as we sit here today, it's my legal opinion that there is no current valid Town of Queensbury permit in effect. With all due deference to the applicant's statements, none of which I have any reason to disagree with, you need to have a state permit to do this operation, as I understand it, and it sounds like the applicant is in good shape, State wise. You also need a Town approval to do this type of operation, and it sounds like, for whatever reason, there isn't one in effect now. MR. LEMERY-We didn't assume that we had to go file a new site plan, with respect to this permit. The applicant's position was to extend the existing permit. The applicant was under the impression that it was in compliance with what this Board permitt¿d in 1990. So far as 1 know, there hasn't been one trip up to the Great Escape by anybody from ,the Building Department telling anybody that they weren't complyin~ with the 1990 Town permit. Now that's Number One. Number Two, the matter was put on for a week ago tonight. So if it was going to be the Board's position to file a new site plan application, that doesn't seem, to me, to be very reasonable, in terms of, okay, you'll have five days to get it in here, because your permit is going to expire. This is when Staff put this on. So we notified Jim Martin's office last Monday that I couldn't get back in time, and we asked for a one week extension. Had I known. MR. MACEWAN-Who did you ask? MR. LEMERY-Jim Martin. MR. MARTIN-And I said, I talked to Jon Lapper. He said that John Lemery was not going to be available, and I said, okay, a week will go by, but I'll tell you. lam not going to have things twisted around here to make it look like ¡ was unreasonable in this. I purposely called this applicant in the fall to avoid this very spot that we're in. MR. LEMERY-I'm not going to get into this. This is not adversarial. I don't understand the issue here. This is not a big deal. This is a request for an extension of an existing permit. The Great Escape is in the middl¿ of getting ready for the season. Nobody's confirming, here, that all of a sudden the Great Escape has to go through a whole new site plan application. I haven't heard, I thought the purpose of tonight's meeting, as it was explained to me, I tried to reach Jim Martin three times today on the phone, and I was unsuccessful, to find out what it is that we were supposed to be doing up here tonight. We had requested an extension of an existing permit. The DEC permit is in place. So, no one had told this applicant, so far as ¡ know, the entire the five years that it was not in conformity with what this Board had approved back in 1990. MR. BREWER-I don't think anybody insinuated that, John. Nobody ever insinuated that. MR. LEMERY-No, but that's what Jim is saying, that on doesn't conform. So, therefore, it requires application. what has gone a new site plan MR. MACEWAN-It requires it because it's elapsed. It's expired. MR. PALING-All right. Let me interject, if I can. First of all. MR. LEMERY-I think common sense and reason ought to take some part here, gentlemen. MR. PALING-Excuse me, please. Mark, I'm not sure you had finished with your remarks. Had you finished? MR. SCHACHNER-No. - 44 - "- --./ ./ MR. PALING-Okay. Would you please continue. MR. SCHACHNER-I do recall being aga,i n, I agree don't perceive any conditions mean, I don't remember where I was at, although I interrupted and not being able to finish, but with what I think Tim just said. I haven't, I anybody suggesting that the applicant has violated or is not in compliance. MR. MARTIN-I just said it was different. MR. SCHACHNER-Correct, and that's what I'm clarifying. Nobody is insinuating anything, to use the applicant's counsel's phrase, about the applicant's compliance or noncompliance with anything that was previously in effect, but from mz opinion, which is not influenced very much by common sense and rationality and the things that the applicant's counsel talks about, my opinion is influenced by legal principals, and it seems to me this is a no brainer, legally. The key tense, I'm using the tense of Town pe~'mi t that was in effect. I'm us i ng the past tense on purpose. For whatever reason, it's not in effect anymore. Therefore, I don't have the authority to issue an extension. Jim Martin doesn't have the authority to issue an extension, and I don't see how you all have the authority to issue an extension. It's simple. MR. PALING-Okay. Jim, had you finished your comments? MR. MARTIN-Yes. MR. PALING-Okay. I think that the problem obvious, and we want to be cooperative with What's the easiest way out of this thing? Could special meeting for a site plan review, or how do it? How do we fix it? we see here is any applicant. we have a quick we take care of MR. STARK-Bob, let me just say something. Mark, now according to Jim, the site plan review ran out 3/27/95. I thought they run out the end of the month? MR. MARTIN-Well, in this particular case, it's five years from the date of the approval. MR. BREWER-That's what we're trying to do, George, is run them through the end of the month. MR. MARTIN-So we avoid these types of situations. MR. SCHACHNER-Yes. They don't automatically run out the end of the month. What Staff has told you all, and what I have agreed with, is that to avoid the, specifically to avoid these types of situations, because you don't know when a meeting's going to be scheduled next year, the year after, the year after. Staff's recommendation to you all, which I've concurred in is, that you should issue approvals with expiration dates which are the last day of whatever month you're picking, but that doesn't appear, and obviously I wasn't involved or present in 1990, but that does not appear to have happened in 1990, nor was it the Planning Board's practice in 1990, I can tell you that, nor is it any rule, there's no rule, law or regulation that says approvals run out the end of the month. It's whenever the Planning Board says they do. MR. PALING-Okay. Now, how can we fix the thing? What's the easy way out? Can we call a special meeting? MR. MARTIN-I don't know if I like word "accommodating". If you want as you can, the Board, in the past, and that type of thing, and I'm getting this back before the Board, the word "easy". I think the to try to be as accommodating has set special meeting dates as interested as anybody in as quickly as possible, given - 45 - we put a date on an expiration of a site plan or a plat, that we've been doing them and putting them on the last day of the month. We've only started that practice not more than a year and a half, possibly as long as two years ago. It's only been since I've been on the Board, and I've been on the Board about three and a half years now. MRS. LABOMBARD-Okay. So then it's March 27th. MR. MACEWAN-Now keep in mind. This was done in 1990, long before we started that practice. MRS. LABOMBARD-Okay. So you can't extend anything that doesn't exist. I understand where you're coming from. MR. MACEWAN-Correct, and this is one of those approvals that if it could happen, fell before that period of time when we starting to let approvals go to the end of the month, and so, it would have been tied into a date. It would have Mar ch 31st. even were even been MRS. LABOMBARD-So then, legally, there's only one course of action, you're saying. MR. MACEWAN-Site plan review. MR. BREWER-A new site plan. MRS. LABOMBARD-Then re-apply from Square One. MR. PALING-And that's going to have to be advertised, and there's going to have to be a public hearing held. We won't have a public hearing tonight, but when the site plan review comes, there will be a public hearing. MR. MARTIN-How quickly can the applicant prepare an application, and get it to us? MR. LEMERY-Well, I'm very disturbed here, Jim. We called you last week and asked you for an extension. Is that not the case? MR. BREWER-John, he can't grant extensions. This Board has to do it. MR. LEMERY-Well, he should have told us that and we would have been up here last Monday night. MR. OBERMAYER-We had no idea. MR. LEMERY-Well, I'm sure YOU didn't, but we called and asked for. MR. MACEWAN-With all due respect, Mr. Lemery, you've been around long enough. I would thi nk that you'd know that only this Boa)"d can grant extensions, not someone in the office. MR. LEMERY-Apparently, extensions, because if grant an extension. you're telling me you can't you could grant an extension, you grant could MR. BREWER-It's expired, John. MR. MACEWAN-If you were here last week, we could have. We would have entertained the idea. MR. PALING-I'd also caution the applicant, that regardless of anything, that's a pretty narrow number of days you left yourself in this application. MR. LEMERY-Because we didn't believe that it would be this - 47 - '-' -- /' '''-.,.. all the reviews we have to go through. MR. PALING-I think that we have to go by the legal opinion of our counsel. I don't think we have a choice, that it's expired. Now what I'm trying to do is to find the most accommodating way, I like that, to get this problem solved, and if it's a case of a special meeting, then lets have a special meeting. How long will it, now this is a site plan review we're calling for. MR. MARTIN-Yes. MR. PALING-Okay. MR. LEMERY--I'd ask you to extend the existing permit, until such time as we could get the site plan review before you, because we specifically came here and asked your representative for an extension. Now, I don't care what he calls it, this is not adversarial, and it seems to me that you have within your own power, the power to extend this until we can get it up here. I'm not convinced that it needs to be anything more than filing the DEC permit with you, and it seems to me that everything that was done with DEC ought to be sufficient, so the site plan review may be easily accomplished here. Jim Martin seems to think it requires a whole new site plan and all the rest of it to go through this. We have to sort that out and determine whether that is, in fact, the case. In the mean time, I don't think it's fair to take this applicant and say, well, too bad, it expired two days ago. You missed the deadline. When, in fact, two things, we, A, asked for an extension for one week, and, B, thought that this was a discussion. We were coming up here in an informal basis to discuss with you what kind of issues you have regarding, and that comes from Jim Martin. So I have no reason to tell you anything but what the facts are, and those are the facts. So, while I understand Mr. Schachner's position here, as far as I'm concerned, there's an equity here that ought to be recognized. If we hadn't made a phone call and all of a sudden we came up here, I'd understand, but there's an equity h~re that I don't think's getting recognized. MR. PALING-Okay. MR. BREWER-John, I understand that, and I sympathize with what you're saying. Our counsel has told us there is no permit. We can't extend something that does not exist. Bob's recommendation, and I concur, and I'm sure the Board does, we'll have a special meeting, but lets find out what we want so we can have the special meeting, and get on with it, rather than sit here and argue the thing over and over and over. There's people here that I'm sure are going to be at the public hearing we have. If we don't have anything to extend, we can't do it, John. That's-'!!.:;L opinion. MRS. LABOMBARD-I was under the impression that, although it expired the 27th, there was maybe a grace period or something in there. If that's the case, and there's been a little lack of communication here, I don't know why we couldn't find some kind of a loophole or some kind of a grace period to give YOU a week or whatever you need. MR. MACEWAN-It's not there, Cathy. It's that simple. MRS. LABOMBARD-All right, but what ¡ heard you say was that it expired, you know, like you said, isn't it supposed to expire at the end of the month, well, it was five years from the date of issuance, but yet you give a few days so you have a little leeway in here? I mean, that's the way I inferred some of this, from Staff in general. I'm not saying that's what Jim said or anybody said, but that's what ¡ heard. MR. MACEWAN-Maybe if it helps clarify it, those extensions, when - 46 - -~"" complicated. We assumed there was nothing here that would cause this Board not to simply grant the extension to this applicant to continue doing what he's been doing, since DEC has extended the permit, and that this is not a big deal. MR. PALING-There's, evidently, quite a bit of concern on some of the people in the public, because they were here, quite a few of them were here last time, and that caused us, I think, to reconsider this. I don't think any of us want to go against the advice of counsel, and we apologize for having had this happen, and we'll do everything we can to get it repaired as quickly as possible, and I think what we're saying is, site plan review, how quick can you get the information in, and we'll have a special meeting as quickly as we can. MR. LEMERY-Well, maybe we ought to find out what the concern is on the part of the Glen Lake Association, here. MR. PALING-All right, then if that, well, now I've got another problem. I asked the gentlemen that were on the program before you, to step aside, which they agreed to, only if this was going to be a sho~-t time. I will be glad to do that, but I'd like to get Sherman Pines on, just move this aside, let Sherm~n Pines do what they came for, and then we'll do what you're asking. Is that acceptable to everybody? MR. BREWER-If we had a site plan review in front of us, the people that had a concern could see the site plan and bring their concerns up. MR. PALING-Yes, which we don't have. MR. BREWER-Right. So how do we know what the concerns are until we have a site plan review? MEMBER OF PUBLIC-How do we know what's going on if, I mean, we came here for discussion, not for adversary. MR. PALING-Okay. Excuse me. We're going to stop this meeting and we're going to go to Sherman Pines. Then we're going to pick it up where we left off. Am I legal to do that? MR. SCHACHNER-You can do that, if you'd like. MR. PALING-Yes. Okay. Does the Board concur with that? MR. OBERMAYER-It sounds good to me, Bob. MR. PALING-All right. Lets do it. I apologize, gentlemen. I had no idea this would. OLD BUSINESS: SUBDIVISION NO. 5-1992 FINAL STAGE TYPE: UNLISTED SHERMAN PINES PHASE II AND PHASE III OWNER: JOSEPH AMMIRATTI ZONE: SR-20 LOCATION: SHERMAN AVENUE PROPOSAL FOR FINAL SUBDIVISION APPROVAL FOR PHASE II OF A THREE PHASED SUBDIVISION. PHASE II CONSISTS OF 28 LOTS. CROSS REFERENCE: SUB. 6-1990 REZONING RES. 530 OF 1991 SUB. 16-1991 JACK HUNTINGTON, REPRESENTING APPLICANT, PRESENT STAFF INPUT Notes from Staff, Subdivision No. 5-1992, Sherman Pines, Phase II, Meeting Date: March 28, 1995 "The applicant is seeking final approval for Phase II of their three phased subdivision. Staff's main concern is the septic design. The current design is for the majority of the lots to be on shared Systems with three houses on each system. With phase I, there are problems with the - 48 - "--' ......-'" '~, ./ -'" lines being too close to the surface. The long lines also increases the chances that the lines could freeze, and it will be difficult to determine responsibility for system failure with three houses on each system. Staff recommends that the Board consider revising the plan to allow for individual systems for each home." MR. MARTIN-The other thing that should be noted, here, is that is asking for approval of Phase II and III tonight, at this juncture, and it would be Staff's recommendation to only consider Phase II for Final at this time, and keep in compliance with the subdivision regulations. You have the right to waive that, obviously, but our recommendation, nonetheless, would be to only consider Phase II at this time. MR. PALING-Phase II, yes. MR. BREWER-I would agree to that. MR. HARLICKER-There's also Rist-Frost comments regarding this application. MR. PALING-Yes. Right. Could we have those. MR. MACNAMARA-The first half dozen comments are essentially boilerplate in nature, regarding standards for final approval. They are listed singly on our letter of March 14th, but I'm not going to read each and everyone, because they're essentially boilerplate drawing note language, unless you'd care for me to go over each and everyone. The larger items, essentially, I'll start at the note number one at the bottom of the first page, and I'll read the opening paragraph. "Town Planning Staff requested that we review, again, the septic design and grading plan for the Phase II development," And I'm going to add, here, as per discussions with Jim Martin. We limited our discussion to Phase II lots only, "and inquire about agency approvals if the Planning Board were to require changes to the septic design." I also want to add that I had discussions with the applicant's engineer today, and we have gone over all of these. We haven't gotten anything in writing, but we've gone over all these today on the telephone. The first note, essentially, indicates some additional clean outs, and they didn't have any issue with that. The second note addresses what Scott had asked us to look at, and that's burial depths of house sewers and combine effluent sewers to the leachfields, and we did, in fact, find a number of locations where, according to the grades that are shown, there would be a mounding that's required for proper cover of the lines. Jack agreed with that, and has indicated that there is going to be some significant grading taking place on a number of lots and possibly common areas. The third note essentially indicates garbage disposals and larger septic tanks. He's indicated no disposals are planned. The fourth note goes to road grades and lot grading. We did find, in at least a couple of instances that we had picked out, that the top of the wing swale, which is the top of the paved elevation, and if you go a little furthèr, the actual graded slope, according to the Town standard, needs to be a positive S)rade, is actuaily higher than a number of the existing lot grades shown, which essentially goes to grading of lots and drainage. He acknowledge that, yes, that, in fact, is the case, and to get proper drainage, they're going to add significant grading, again, and he had indicated five or six feet, in some places. Last note has to do with septic and stormwater system discharges, and it's to ground. They had indicated in their groundwater, in their soil test pit log, sorry, that groundwater was, I forget the exact number, 10, 11, 12 feet down or more, and that was during the time of their testing. What we're looking for is for them to go a step further and indicate if, in fact, they saw any indication of seasonal high groundwater, and to simply indicate the method that they're determining that, and that goes to the issue of looking for - 49 - , "y"'- -.-' straight groundwater levels, as far as free water surface, at a time when it might not represent seasonal high groundwater. MR. MARTIN-I have one question for you. Do you think there's any need to update test pit data? MR. MACNAMARA-At this point, I would wait until they respond to that. They may have additional data, Jim, that they didn't simply choose to show on their test pits, and I think we ought to Just let them indicate it, from fact they had other indications. MR. MARTIN-I'm just trying to avoid another Queensbury Forest Phase I I1. MR. MACNAMARA-Which is really what a lot of these comments are gei,ned toward. MR. PALING-Yes. Absolutely. MR. MACNAMARA-Anyway, to finish off, that nòte number five, they have a drainage system typical of many, where there are sags in the roadway, where there's actually low points created, where there'll be lots that are situated at or near the low points of a roadway, and what I'd ask them to do is to indicate if, in fact, the drainage system were to not function properly, where would the street drainage go with those low lots? In other words, I'm asking if they've got some kind of an outlet to allow drainage to go out without impacting people's lots or houses, and Jack had indicated he was going to take a look at that. Last note indicates that if, in fact, someone had suggested, requested, whichever, that singular septic systems be used, the question was, what other agency approvals are going to be required. I contacted the DEC, and they indicated they wouldn't have anything to do with it, because they don't get into single lots, and I contacted the DOH. MR. BREWER-Who gets involved if there's over 40 lots? there SPDES permits? Isn't MR. MACNAMARA-Hold on. The DEC doesn't get involved in individual subsurface discharges, unless the discharge is greater than 1,000 gallons, which none of these would be, unless you're planning on a pretty substantial size house. So, if it goes to singular houses, it reverts back to the DOH, and that's where it goes to, I think it's greater than 49 lots is their rule for a variance, and what Brian had indicated, Jack, I think you had some discussions with him also, was that, if, in fact, it went back to singular systems, yes, the DOH would have to review it again, and it was likely that it would require that greater than 49 lot variance, regarding on site disposal, and he really just said it's not a sure thing either way, whether they get their variance or not, is really what he was saying. He said they're harder to come by now days. They're still giving them, but, anyway, yes, the DOH would have to review it, and the final point I want to add is there's at least two, if not three of the items we talked about indicated there's going to be some significant filling going on in the lots and possibly common areas. That indicates, and they're bordered by, I think at least on three sides the other developments are homeowners, we're suggesting that they submit a grading plan, proposed grading, so that we know what their thoughts are and how it may impact adjoining properties, and he had agreed and thought that was actually a pretty good idea. MR. MARTIN-I also understand that this subdivision is in a state of flux, in terms of ownership. I believe Mr. Schermerhorn is going to be taking over Phase II and III, in total, and he is interested in pursuing, he indicated to me on the phone today anyhow, he's interested in pursuing the individual septic design. - 50 - '''....".. '--' ---' .-/ ....."'¥"' MR. PALING-Good. MR. BREWER-Okay. May I add one more point, Jim, and you and I had discussed this, about, I don't know if everybody's familiar with the previous motions that pertain to this subdivision? We worked on this long and hard, and I just want to make sure that these motions are included with the approval of this portion of the subdivision, because I think they were intended for the whole subdivision. MR. PALING-How did you treat the septics in those? cover that. You didn't MR. BREWER-In the motions? MR. PALING-Yes. MR. BREWER-I think we just, were you on the Board then, Jim? MR. MARTIN-I thought we required a, and I think it's even built into the homeowners association document here, that there's a maintenance program required, as part of the homeowners association fee, that I think it was every three years, or something like that, every two years the tanks are pumped, and that was thought to extend the life of the leach beds. Because that's where the system begins to fail or will likely fail, is in the leach bed. MR. PALING-I don't know that much about septic systems. The two things that bother me about this is, one, they've got up to 200 feet of pipe, on a continuous run from a house to the field, and is that going to be buried right and not freeze, and also is the multiple housing on, more than one house on a septic system is, by itself, I have a struggle with. MR. MARTIN-Well, we struggled with it at the time we first considered this. MR. BREWER-Believe me, for many, many months and many meetings we all struggled with it. MR. PALING-Did you approve it? MR. MARTIN-Well, we approved it with this maintenance program, a compromise, so to speak. MR. PALING-And how old are these homes that are doing? MR. BREWER-Since '92 it was approved. MR. MARTIN-Yes. We've just crossed the threshold of 60% buildings being completed that allows you to go into the next Phase. I think they probably almost have sold out the entire first Phase by now. MR. PALING-But what happens if you have three families with four kids each, and you clog it up, and who's to blame? MR. MARTIN-That was the, you repeated the same question we asked in' 92 . MRS. LABOMBARD-Who oversees the maintenance? MR. BREWER-The homeowners. MR. MARTIN-The Homeowners Association. MR. OBERMAYER-I see some of the homes, like on Lots 50, 51 and 52 require pump stations. - 51 - RICH SCHER~ERHORN MR. SCHERMERHORN-Right, and that data was incorrect, as well, because, so far, Rich Schermerhorn. I've developed First Phase. I only have four lots left right now, and three of those are sold. So I'm down to one lot. I've developed on 52, 53, and 54, which I believe may have required pump$, okay. Fifty-two is the only one that has a pump. It wasn't constructed by me. It was built by the original developer that owned the First Phase. Fifty-three and fifty-four, which I contacted the Town of Queensbury, the elevations permitted that a pump was not required. Obviously, it's in the best interest of me and the Homeowners Association and the person that owns that house not to have a pump. I didn't set this subdivision up as far as the septic system, okay. I don't agree with it, but, I think we're going to have a problem if, I don't mind doing individual systems, but I'm sold out. I've got one lot left. I need these lots. Just last week, for example, alone, I sold five. If everybody's paying dues in there at an equal rate right now, $26 a month. If I proposed individual systems fo~ Phase II and III, I think that I'm into a problem with Phase I, the people with shared systems. Are people going to start asking, well, why should we be replacing their shared systems. Our individual systems are working fine. We're properly maintained. I think we're going to get into a problem if we start changing things. I mean, I'd love to do individuals, but I don't think there's an easy answer to change these around, at this point. MR. BREWER-As far as the homeowners, you mean? MR. SCHERMERHORN-Well, as far as the homeowners. II and III, there's some more individual systems. these individuals, but I believe it's the Health would have the problem with it, because they're approved it the way it is. I mean, Phase I ca n ma ke all Department that the ones that MR. PALING-You don't have enough land to do it? MR. SCHERMERHORN-No. As a matter of fact, there's plenty of land to do it. That's been my argument all along. MR. PALING-What would their problem be? MRS. LABOMBARD-Why would the Health Department? MR. SCHERMERHORN-Well, that's probably explain it. where Jack Huntington could MR. HUNTINGTON-My name is Jack Huntington with Morris Engineering. This was approved by the New York State Department of Environmental Conservation.' A SPDES permit was issued, because there's more than a 1,000 gallons per lot, per septic system. The Department of Health, if they review this, is going to review it as an 83 lot subdivisIon. Therefore, we must go for a variance, over the, more than 49 lots, and the problem they're going to have is the speed of the soils, the speed with which the soils perc. It's 15 to 20 second percolation rate, in many areas. That requires an amended system, whic~ means you dig the soil out under the system and replace it with something that pe1"CS at a slower rate. That's Q..!l.ê.. of the problems. The second problem is that the Department of Health does not want to put in leach beds. Leach beds are the type of system that is easily amended. They are amended. They're smaller than the normal systems. That's what these are, is leach beds. DEC will approve leach beds. Although the leach beds are in the Department of Health's book, they hesitate to approve them. That means if we're going to do leach lines roughly four times the size of leach beds, that that area will have to be amended, that foyer, that becomes a problem. I mean, you're excavating an area that's enormous. Third problem is that we're looking at a minimum of - 52 - ~ ...-' .....- -- two months, as much as six months, to get a variance from the State of New York, for that, and you're taking a shot. I mean, you're just shooting in the dark. You don't know whether you're going to get a variance or not, and after that is approved, this goes to the Attorney General's Office for revisions to the plat, for the homeowners association, before Rich can sell a lot. MR. STARK-On Phase I, have you had any complaints with the shared systems at all or anything? MR. SCHERMERHORN-No, absolutely not, and the thing is I addressed the people, everybody has their own septic tank, but they have shared leachfields, okay. I've had no problems with it. I've maybe had one person out of the 15 I've sold up there already that said keep, can I get a leach bed by itself, and I said, sure, no problem, but I do point it out to people they have shared leachfield systems. The people haven't had a problem with it. Like I said, I'm selling them. This was set up for affordable housing. That's another reason it's selling, these houses are selling for under $100,000, some a little bit ove)-. I mean, I'd love to, as a matter of fact, as the developer, it's going to cost me more each house to do individual systems, and I did say, in the beginning when I spoke to Jim Martin before I purchased the subdivision, that I would do individuals if I could. It's so simple. I see the land right there. I can make these things work, but I can't afford to shut down for six months and take a shot, and besides that, I'm committed to buy this, and I have people that are ready to purchase lots, and it's a big if. MRS. LABOMBARD-So, Rich, does Phase II have separate septic tanks and shared leachfields, too? MR. SCHERMERHORN-Well, I'm looking at Phase II right now, and it looks like, out of, it looks like there's eight lots that are individuals, and there looks like there's twenty individuals, and I'm counting maybe eight shared ones. MRS. LABOMBARD-Are you leachfields? talking shared ta,nks or shared MR. SCHERMERHORN-No, just shared leachfields. MRS. LABOMBARD-Okay. MR. PALING-Yes. They all have the individual tanks. MR. SCHERMERHORN-Now, and I didn't agree with this stipulation, but every lot that I go on, every single one, I have to pay to have a perc test done, because if the perc rate is less than a minute, we have to amend the soils. We've got to bring a woody soil to slow the perc down, which, I mean, here I've got Tyneswood next to me. I've got Clendon Ridge right behind me, and none of those are being amended. I mean, we've got probably the best soils you could possibly have in all of Queensbury, and it's almost like a powdered sand. MR. PALING-What are the adjacent subdivisions doing, are these multiple tie ins, too? MR. OBERMAYER-No. MR. PALING-Those are all singles. MR. MARTIN-They were under the 49 lot provision. MR. PALING-Okay. Just let me throw out an idea. Supposing we said, in so far as the septic systems, on Phase II, okay. Go ahead, because of various problems, but after this, no more, in other words, Phase III would have to go to singles? And we would apply this, also, to anyone else that came in, obviously. - 53 - MR. SCHERMERHORN-But who's expense is this going to be at? Right now, this is affordable housing, and I've made a purchase and agreed on a purchase price and committed to this. MR. BREWER-But, Rich, originally, this was all known, when we approved this f¿r affordable housing. MR. SCHERMERHORN-Right. This is all approved, though, right here by Tim Brewer, 9/22/92. MR. BREWER-Not just by me, though. MR. SCHERMERHORN-Okay, but I did a lot of, I looked all this over before I purchased it, and I just assumed that everything was approved. I did test holes up there, up to about 14 feet, and there's no signs of groundwater. MR. BREWER-No, but I guess what I'm saying is, all the information and all the engineering was done for this whole subdivision when Charlie Diehl brought it in here, knowing well, in fact, exactly what he had designed, and the expenses and said that he could do the affordable housing. We changed the roads. The driveways were going to be paved, and then he wanted to put them to stone, and we said, okay, you can do that, to cut down the expenses. So everything was known, when we approved this subdivision originally. MR. SCHERMERHORN-Well, what's the point? MR. BREWER-You're saying you want to change things. MR. SCHERMERHORN-No, no. I'm saying I want to do this, but I don't see how we can do it easily. I'd love to put individual systems in, but if it means taking a chance, waiting six months, and then putting a stipulation, making Phase III, that I've got to go for individuals on Phase III, well who's going to pay for that? MR. MACEWAN-What he's saying, Tim, even if the Board said, go ahead, change it for Phase III, he doesn't want to take that gamble, because there's no guarantee that the State or the Attorney General's going to allow him to amend the plats for the Homeowner's Association. MR. SCHERMERHORN-If you told me I could proceed with Phase II and Phase III, well, Phase III will finish out Phase II, or whatever, with individual systems, if you vote on it and tell me, yes. I'd go ahead and sign off, as long as it doesn't stop my construction, but the problem that i~ arising is we can't do that because the Health Department's not going to permit it. So I don't even think, if you said it's okay and I said it's okay. MR. MACNAMARA~In all fairness, you guys need to know that the Health Department has not said they aren't going to permit single systems. I hate to disagree with you guys. As a matter of fact, Brian Fear, today, at about, I'm not sure, some time in the afternoon, basically said, Bill, it's not unlikely the variance will be granted. It's just a matter of time, because the condition on denying the variance basically says they've got to put a community system in, and he says, Bill, there's a lot of areas in Queensbury that need community septic far more than that part of Town, but as far as whether or not the variance is going to be granted or not, you know, I can't speak for the DOH, but it's not a sure thing that it won't be issued. MR. SCHERMERHORN-Right, and I'm sure maybe it could be issued, but my point is, you know, I've got Hudson Points coming in with 100 lot. I'm selling out fast and I'm moving fast, because there's going to be other competition. I mean, you know, I don't want to claim a hardship, but, you know, I can't wait around - 54 - '--- -' ---- another year. You know what I'm saying? We've got the property behind Queensbury School that's in for re-zoning, I guess, that's going to be coming up for residential. MR. STARK-What's the problem? Nobody's got complaints with the happy. It was approved back shared systems. The then. DOH is MR. MARTIN-I'll tell you what some of the problems have been in Phase I is due to the grading and things that was shown, we had some septic laterals literally laying on top of the ground, that had to be covered with three feet of dirt in order to make it comply with freezing concerns, and it looks like a huge snake of dirt going through the woods. I mean, so I just want to make sure, this time, that the grading is correct, and re-visit the septic issue so we can avoid that type of thing the second phase. MR. HUNTINGTON-We have agreed that we will provide a grading plan to accommodate the septics and the lots. MR. MARTIN-We actually had some of those, that were approved in this first phase, elevation lower than the elevation of LeFebvre can show them to you. if you read the grade, some show the house the leach bed. Vic MR. MACNAMARA-I think it's in everybody's best interest, the Town as well as the applicant, for them to sit down and do a grading plan, quite honestly, and look to see just how many lots are going to require just how much fill, because you talk about expense, I'm not sure if you know how much fill you're talking about, if you're going to use these plans as shown, and not have this mounding here. Number One, and Number Two, there is the storm drainage issue, as far as, if those sag lots were to go bad, you need to show somewhere the water's going to go, that's not going to impact the lots, and you said you would take a look at t,hat. MR. HUNTINGTON-We'll take a look at it. MR. MACNAMARA-Lastly, if he shows five or six feet of fill in the back yard of some of these houses, which is what you had indicated, it may have been a rough guess, today, in all fairness, lets say it's three feet, but then he gets to the point, I'm not sure how that grading is going to affect the adjoining properties on the back sides of these lots over here. I mean, if you're bringing up a lot. MR. SCHERMERHORN-There's common area behind all the houses. MR. MACNAMARA-I guess what I'm saying is, if there's any wells back here, and you have septic systems that are higher than their ~¡,Jells, then the 200 foot separation rule kicks in and that needs to be shown. (lost word) for that end. I think a grading plan is pretty important to redirect some of the issues that could show up down the road. MR. PALING-Okay. MR. MACEWAN-Do you want this for the remainder of Phase II, or just for Phase III? MR. BREWER-Phase II. MR. PALING-This is Phase II only. MR. MARTIN-Phase II is, I think all you're required to consider now, unless you want to waive it and consider both Phases now. MR. MACEWAN-No. It's not that we wanted to consider it tonight, but I thought we were also talking about Phase III down the road, - 55 - that you were asking about some information for that in the discussions. MR. OBERMAYER-Yes. Rich, you said that you would love to put in single septic systems, but then you don't want to. Do you want to or don't you want to, for Phase III? MR. SCHERMERHORN-No. I said, in the very beginning, I'd love to do individual systems. I think it's better for the homeowner. I think it's better for everybody in general, but the point is, I've committed to a subdivision. I've made a large, large purchase, okay, and to sit and wait six, eight months, maybe it'll be approved, maybe it won't, but to sit around and wait, what if it doesn't get approved? Then I'm back to Square One, and then what do we do, re-design the whole subdivision? I mean, there's a lot of ifs. MR. STARK-Mr. Schermerhorn, the only concerned about is the grading plan. We'll have a special meeting to look happy, and that should take care of you it will take to take a grading plan. thing that Staff is Submit a grading plan. at it, whenever they're in, I don't know how long MR. SCHERMERHORN-Now, when you say, grading plan, first of all, the first phase, okay, I did probably three quarters of the houses in the first phase, and some of the topos, okay, I think differ from what was existing there. I don't know for what reason, but if you drive through there, I corrected the one line that was exposed, okay. I filled that in. It wasn't a home that I had built, okay, but I corrected that and it's leveled off and, aesthetically, it looks nice. All of the other ones I put in there were individuals. I had Dave Hatin up there. Some of them that showed the elevation going up, we were able to shave them down a little bit, so that we could eliminate pumps. If any grading would need to be done, maybe Phase II we can drop the road level a little bit, would make some of the lower lots, make the houses a little higher, but Phase I there's been no problems with elevations whatsoever. I've met all the requirements for the grade in the driveways, everything. I mean, I'd love to meet everybody out there. It's really come together good, and that's why it's selling, because everybody likes the concept of it. There's been no complaints from the residents, homeowners, anybody over there. MR. One too. PALING-We seem to have three items, if I read this right. is a grading plan, and I also read into the drainage plan, MR. SCHERMERHORN-All right. Well, first of all, lets, by grading, are you referring to roads or? MR. MACNAMARA-I'm referring to the lot grades and relationship to the road grades, so they will the same. MR. SCHERMERHORN-Okay. Have you been to Phase I to see the lot grades that we've done? MR. MACNAMARA-I didn't go out to look at grading. In fact, I went there a year ago when I was looking to buy a house. MR. SCHERMERHORN-Well, how is the discussion of the grading of Phase I coming up? How did it come up? There's been no problems with grading in Phase I. MR. MACNAMARA-I'm not sure who's aiming grading questions at Phase I. I'm aiming grading questions right at Phase II. i"1R. PALING-Yes. Phase II, and drainage plan, When I'm talking from here, I'm only addressing I think we need a grading plan, as well as a and I think we have still the question of the - 56 - "--' ---./ :7-- ~' septic systems before us. MR. MARTIN--I'm less concerned, from!!!.Z standpoint, about the septic systems. I just wanted the Board to be aware, because we have considerable new memberships since this was last approved, and if there was any way possible, apparently, if there's not, then fine, but I just wanted it, you know, I wanted you to realize what, in fact, you were approving here. This is rather unique. MR. PALING-Yes. I think I agree with what you're saying, Jim, and I think in my own, personal opinion, we're probably going to have to go along with the septic systems as designed, but we're going to have to hold your feet to the fire for grading and drainage, but I'm also going to say that I'm still uncomfortable with the septic systems, and when we have the opportunity to start from zero, I'm going to argue for, at least for a while, for individual systems, rather than multiple hook ups. MR. OBERMAYER-On Phase III. MR. PALING-No. I think you can do it on Sherman Pines. I'm talking about when we come in and start from zero. MRS. LABOMBARD-A new project. MR. PALING-Yes, a new project. MR. MARTIN-My additional comment on the grading and drainage, I think Bill's comment is well taken, about adjoining properties in adjoining subdivisions, how any sort of potential drainage or runoff is going to affect neighboring properties. MR. PALING-Everything that taken into consideration, in you for approval. Bill said, I think, has got to be the plan that will be submitted to MR. MARTIN-And I'll pass it through to Bill. MR. PALING-Pass it to Bill, right. MR. BREWER-Well, Jim, when we meet again, can you have the, I know you showed me in the office the statistics that show the 50% of the houses, sale price approved for families 100% of median? MR. MARTIN-Yes. I can give you the statistics on how the affordable housing end of it is coming in. MR. BREWER-Do you have records of that? MR. MARTIN-Yes, I have records of that, and recently, what happened just last night with the Town Board, documentation was submitted from the Warren County Planning Office on the updated income limits for household income, and we're going to be going with the new rates. They have increased since 1990. MR. PALING-Okay. Are there any other comments? MRS. LABOMBARD-I just know that Rich would probably stake his reputation, and, you know, he could give us his word and say, well, I'm going to continue doing a good job like I did on Phase I with the grading and everything else, but I think that we who personally know you know you're going to do that, but it really has to be, we have to see a plan, I think. MR. PALING-You mean drainage and? MRS. LABOMBARD-Yes, we really, you know, we do. MR. PALING-·O kay . We do not have a public hearing scheduled on - 57 - this. This is Final. MR. BREWER-Are we going to table this until we get that information? MR. PALING-Okay. We've got to get that, yes. information. I'm calling it a grading plan and both, and it should. We need a motion for this. We need t.hat a drainage plan MR. HUNTINGTON-Could I ask you just one thing? In the essence of time, to get something done, I don't believe, and Bill can correct me if I'm wrong, that the plan is going to change. The elevations may change, but the plan itself won't change. MR. MACNAMARA-No. What I would envision, Jack, and help me out here if you envision something else, is I envision your site utilities plans, S-l through whatever, with existing grades, which I think for the most part are on here, and it sounds like you may want to go out and check them. F¥om what Richard says, they may not be wholly accurate. MR. HUNTINGTON-We didn't do those, but that's okay. MR. MACNAMARA-Okay. Understood. Existing grades, proposed grades, proposed grades, in the back of your mind knowing where all of your pipes are, so that it doesn't get into that mounding effect. MR. HUNTINGTON-Right. MR. MACNAMARA-As well as the proposed grading to account for the drainage comments, regarding paved swales and positive lot grading. Basically, if you take Queensbury standards, you know, lot grading standards, and apply them to here, that's what the lot grading plan ought to represent. MR. HUNTINGTON-In the essence of time, to get permission, I don't think the road alignment's going to change. MR. MACNAMARA-I wouldn't expect it. MR. HUNTINGTON-Can we some clearing and grubbing, in the mean time? MR. MARTIN-I think what they're asking is, can they grub the road . ? In. MR. PALING-I don't have a problem with that. Does anybody have a problem with that? MR. STARK-Not at all. MR. OBERMAYER-I don't have a problem with it. MR. HUNTINGTON-Get some rough grading done so they can get in there and work. That's all, clearing and grubbing. MR. BREWER-Clearing and grubbing the road. MR. HUNTINGTON-If it has to be changed at a later date, the alignment won't change. MR. BREWER-That's all you're going to do though, right? MR. HUNTINGTON-Probably put something in there so they can access to it, a rough road. MR. OBERMAYER-Yes, that's fine. MR. PALING-Okay. - 58 - ~ ----/ ......../ MR. HUNTINGTON-Stockpile some materials, maybe, things of that nature. MR. MARTIN-As long as it's not buried on site. JOSEPH AMMIRATI MR. AMMIRATI-No, no, no, with pipes. MR. BREWER-Pipes for water lines. MR. PALING-Yes, that's fine. MR. MARTIN-No stumps buried on site, then. MR. BREWER-That's your job, not ours. MR. MARTIN-I'm just putting it on the record. MR. PALING-All right, then if the discussion is done, we can. MR. STARK-In the essence of assisting the applicant, because time seems to be of the essence to them, how soon can he have the plans done, we can have a special meeting, and because nothing has to be advertised, we could have a meeting and (lost word) approval, but how soon can yoU get the plans? MR. BREWER-Can I make another suggestion, George? Why find out from the next applicant when they can do it, all in one, rather than have two special meetings. don't we and do it MR. OBERMAYER-I think that's a good idea. MR. HUNTINGTON-I think a week to ten days we can have something ready for you. MR. OBERMAYER-Okay. MR. PALING-A week to ten days. MR. BREWER-And then Bill needs time to look talking two weeks, that's about the time visits. at it. we'd have So you're our site MRS. LABOMBARD-Yes. MR. STARK-That's about right. MR. PALING-Two weeks is the 11th of April, Site visits are the following day. We Wednesday. which is a Tuesday. could do it that MRS. LABOMBARD-I can't do it Wednesday. MR. PALING-Okay. Jim, now how does this tie in with it going through your group and through Bill? MR. MARTIN-Well, the pr imary ì"eview person, from this standpoint's going to be Bill. So whatever time he needs to look this over and prepare a letter for you or notes. MR. MACNAMARA-I'll look at the stuff as soon as you guys get it. MR. PALING-Then how about we shoot for Tuesday, April 11th? MRS. LABOMBARD-Yes. MR. OBERMAYER-That'd be great. MR. MACEWAN-Why don't we just wait and see what happens with the - 59 - submission of the information. longer than they need. They make take a little bit MR. BREWER-Why don't we wait until we see when we get it, tentatively for the Tuesday or whatever. MR. PALING-We may have to commit to another date. So lets say, tentatively, Tuesday the 11th, and then if we have to switch it. MR. BREWER-Why don't we do this, Bob. Why don't get the information from both of them, then set a get the information. We could do it by phone. we wait until date ~.Jhen we MR. PALING-All right. MR. BREWER-Rather than make them think it's going to happen the 11th. It may be sooner, it may be later. MR. MARTIN-Could I at least have a submission deadline for the, what's the date? MR. OBERMAYER-When can you guys get the drawings by? MR. HUNTINGTON-By mid week next week, Wednesday or Thursday. MR. PALING-Okay. That's the fourth or the fifth. MR. MARTIN-Say the fifth, then, by four o'clock. MR. PALING-Okay. MR. 08ERMAYER-And then maybe we can get together on Tuesday, that Tuesday, the following Tuesday. MRS. LABOMBARD-April 11th. MR. PALING-Then we have your permission to table this? MR. AMMIRATI-Yes. MR. PALING-Okay. Then we'll need a motion to table. MR. HUNTINGTON-One question. I'm going to address all these issues on that drawing? Okay. MR. PALING-Okay. I'll make a motion. MOTION TO TABLE SUBDIVISION NO. 5-1992 SHERMAN PINES, Introduced by Robert Paling who moved for its adoption, seconded by James Obermayer: The following conditions apply: That this application now is limited to Phase II only, that there be a grading plan and drainage plan submitted to the Planning Staff by April 5, 1995. The applicant is allowed to do grubbing for the purpose of road access to the subdivision. Duly adopted this 28th day of March, 1995, by the following vote: MR. PALING-And I won't say anything about the meeting date. AYES: Mr. MacEwan, Mr. Stark, Mr. Obermayer, Mrs. LaBombard, Mr. Brewer, Mr. Paling NOES: NONE ABSENT: Mr. Ruel MR. PALING-Okay. You'll be in touch with them and we'll be in touch with you regarding a date for this. - 60 - '--' ~ --./ MR. OBERMAYER-8ut tentatively the 11th. MR. PALING-Tentatively, it's April 11th. MR. HUNTINGTON-Thank you very much. MR. PALING-Thank you. GREAT ESCAPE CONT'D MR. PALING-Okay. Now I think, if I understand what we wanted to do, we can resume with the Great Escape/Story town story, and the applicant has requested, in discussion form, that he hear comments from the public, so that they can understand what, if any, the objections may be. So would you like to talk? Please come up to the microphone and identify yourself. VIRGINIA ETU MS. ETU-My name is Virginia Etu, and I don't know what we would object to. When we came last week, to hear discussion on a proposed permit, and there was no discussion and we left and we came tonight to hear discussion and there's no permit. So I think to ask us for any discussion is moot. MR. PALING-Okay. Well, then what you might want to do is come to the site plan review, which will be advertised, and there will be a public hearing. MS. ETU-Exactly. MR. PALING-Okay, but I think what they're asking is, what objections might you have? I think they're trying to anticipate and perhaps correct them before it occurs. MR. OBERMAYER-They're doing the work right now. MR. HARLICKER-Maybe concerns is a better term than objections. MS. ETU-Concerns, possibly location of the access road, what possible changes they may have for the next upcoming five years, what type of erosion controls are going to be put in over the next five years, basically drainage, things that would be shown on a site plan review, to give us an indication of what the next five years for that buffer to the wetland is going to look like in five years, but we've got a blank. I think a site plan review is something that would give us something to all look at, not only us as residents of the lake, but as you as a Planning Board, to get an idea, and not, five years from now, drive by, as we've done over the past five, and say, wow, look at the change that we didn't anticipate in 1990, but we have nothing to discuss, and we would like to see something that might open the discussion and if there are no concerns on our part after looking at a site plan )-eview, then we're in favor. I'm in favor. E:<cuse me. MR. PALING-Okay. Thank you. DAVID KENNY MR. KENNY-I'm David Kenny, Town of Queensbury. current site plan on file? Is there a MR. PALING-Yes, a five year old one, I believe. Yes. MR. KENNY-What I'm guessing is, if they would have been here last week, and asked for an extension, they could have gotten one, because their approval was still in existence. What would (lost word) to look at it. That's my question. I know I've looked at that project, site plan, when it's approved, and I go down to the Town, look at the old site plan and see if I had any objection to - 61 - it, and (lost word) come in here, the next week or two weeks, with the one that's on file, is there any objection to that? MR. MACEWAN-I don't think there's any objections or I don't think there's an issue, even what a neighbor would have to look at or what their concerns would be. The issue is it's expired. It's .that simple. MR. KENNY-Okay, but my question is, has anybody objected to the existing site plan that is in existence? There is no, I mean, if they had come in here last week, you couldn't have given them an extension and satisfied the neighbor's concerns, because you wouldn't have had (lost word) then either. MR. PALING-Well, I think if I read Jim Martin right, he will. MR. KENNY-(Lost word) have something new now, whoever's fault, no fault's being passed, because it expired, but (lost word) been here last week, my point being, that there is a current site plan on file. All those things are down in the Town records somewhere. Maybe they should be here tonight so the neighbors cou ld ~3ee them. MR. PALING-But did you hear Jim Martin's comments in this regard? Did you hear Jim Martin's comments earlier? MR. MARTIN-It's right here, if anybody wants to look at it. The site plan's right here. I can get it out for you. MR. BREWER-r~o. MR. PALING-But he's also suggesting, if I read you right, that you do have question before a new site plan is approved, that you do have comments regarding what's changed, what's new, if I read you right. MR. MARTIN-Well, there's things that are asked, as a matter of course, in a review of something like this, you know, what are the existing grades, what's the proposed grade going to be at the finish, how much material's going to be removed, how's that going to be accomplished, what is the remediation plan, what is the temporary e,·osion cont'"ol that'll be used dur ing the excavation period~ I think they're asking, probably, for three years, to mirror the DEC permit. Those are the typical things that would go along with this. MR. ~ŒNNY-I guess my question is, they don't have site plan? MR. MARTIN-They are, but this site plan, and again, I'm not commenting on it being, you know, it's just different. It doesn't look anything like what was planned. MR. BREWER-Maybe we could ask for a copy of the old plan, David, and a copy of what is going to happen, that was!:!lL. intention, last week, as to, let us see what you've done, and then let us see what you're going to do. We had no plan in front of us last week. We had a letter from Mr. Lemery and we had a motion to approve it. That's all we had. We don't even know what it looks like. Maybe we wouldn't have given him an extension, maybe to get that information. MR. KENNY-The only point being, I don't know who's onus it is on, (lost word), when somebody's before the Board, anybody in the future comes before the Board and asks for an extension, they (lost word) is it up to them to bring all the plans of what they're asking for, or is it up to the, you know, the plans are all on file, of what's asking to be ex~ended. This is a different case because it expired, that's the only difference, though. If last week they would have come here, Mr. Lemery couldn't make it, but if they would have been here, apparently, - 62 - '"---' '-.../ '-- '...../. answer the neighbor's complaints and answer your questions and answer Jim's questions, you couldn't have extended it anyway because you didn't have the information in front of you. MR. PALING-But the deed has been done. We've apologized for ~Jhat we did wrong. MR. KENNY-So are we saying, in the future, if an applicant comes in here for an extension, he has to bring, like, I know if I come before the Planning Board for a new, I've got to bring X amount of stuff. What does an applicant have to do to ask for an extension, is my question. MR. PALING-All right. Let me answer the question this way. The first thing that they would do is to not come in with such a narrow gap between expiTation date and the date they're at the meeting, come in in plenty of time to allow discussion and a possible resubmittal. MR. KENNY-Well, I think, at some point in time, that their has to be, in the new master plan, if you want an extension, there should be some definition of what I have to bring with me to have an extension given to me. MR. BREWER-It depends on the extension, too, David. If it's something that was approved last year, this was five years ago it ~Jas appr oved . MR. KENNY-Yes, but one of the things I'm hearing, friends and neighbors, and I realize they have no problem, but they have nothing to look at. Yes, they do have something to look at. They have all the files that are down at the Town. I mean, then they could come in and say what they have problems with. If they're happy with what he has filed, and the Town is happy with what he has filed, and you're happy with what he has filed. MR. BREWER-We don't know if we're happy with it. MR. KENNY-Well, have you looked at it? MR. BREWER-No, I haven't, because it was never given to us. MR. KENNY-What I'm saying is, then all he'd have to do is ask for an extension. He doesn't have to go out and spend $10,000 to have a new site plan done, if everybody's happy with what he has filed. MR. BREWER-All he has to do is copy that, Dave. MR. HARLICKER-What is on file does not reflect what the site currently looks like. They don't jibe. What he has on file does not reflect the current conditions of that site. MR. KENNY-There's no CO issued here. When I'm under construction, while I'm under construction, my site does not look like what my final plan should look like. I realize that, but at the end, when he's done, if he asks for 1,000 or a million yards excavation, at the end, it should look like what he said it was going to look like when he got finished. That's his job to do that. Sure, now it doesn't look like what's on file because it's in the middle of being excavated. MR. MARTIN-But certainly one part of it has the appearance that it's reached some finality. I mean, I see planting being done. Berming was done, and, okay, maybe it's not. Maybe he's going to go back into that bank and start taking material out again, but it appears that what has been done was like I said, representing some finality, and it's nothing as to what was shown here as being the final grade, and my interest in undertaking such early intervention, as I attempted to do last fall, was to avoid this - 63 - very situation that we're at. MR. BREWER-But on the same hand, wouldn't that be the final plan, if they had a five year permit? I guess what I'm saying is, they got a five year permit, and I don't even know what they submitted. I'm not knocking them or agreeing with them or anything. I'm just saying, if they got a five year permit, at the end of the five years, wouldn't you think it should be close to being done, if that's what they predicted the time frame to be? MR. KENNY-I mean, I have a permit to put a building up. I don't get finished in two years, I have to come in and ask for an extension, and as long as I'm building, apparently the permit lasts forever, there's not an expiration. With gravel, apparently, there's an expiration. My only thing is, there is something on file, I wish, tonight, (lost word) for myself, I would have looked at it then. MR. BREWER-Agreed. MR. KENNY-And it's there, no one knows what's on file, there's nothing there. The applicant should have brought what's existing on file with them, and present it to the Board tonight, maybe the Town has it on file, something that was approved. No one in the audience knows what was approved. Now, if I was really involved with it, I would have taken the time and gone to the Town and seen what was approved in the past, so I would come here and have something, I have nothing to talk about because I don't know what it is. I would have known, and it is on file. That's my only comment. MR. PALING-Okay. Thank you. George, I think you had a comment. MR. STARK-Well, there's two points. It was good enough for the DECto approve, you know, the extension until 1998, sometime in '98, I think. It's just unfortunate circumstances that made this happen. The thing is now, how to expediate it as fast as possible. Maybe Mr. Lemery has some ideas. MR. PALING-Lets ask, first, if there's anymore Okay. There will be a public hearing. Yes. what you're saying, what's the easiest, no, accommodating way to get this done quick? public comment? Now lets get to what's the most MR. BREWER-They'd have to submit an application, advertise it, and have a meeting. MR. PALING-I think it would be to go through the site plan review process, getting the material to Jim Martin's group as soon as possible. MR. OBERMAYER-Why can't he use the one that's on file? MR. STARK-Use the one that's on file, it's already filed. Just update it, change the date on it. Has there been any complaints on what they've done so far? It looks pretty good to me up there, doesn't it to yo~, Tim? MR. BREWER-That's what they've got to do, George. It's a new application. So they have to submit an application to ~.~hole us. MR. LEMERY-Mr. Wood will not be inclined, I'll just tell he's not going to be inclined to spend $25,000 hiring Group and a bunch of other people to come in here and do site plan. you, the LA a new MR. BREWER-Well, why does he have to, John? If he's got a plan that's on file, why can't you. - 64 - ',- ~' MR. LEMERY-He'll take the plan that's on file and resubmit the plan that's on file, and make a determination that it has not been completed, and at the end of a period of time, when the Great Escape no longer requests a permit to extract sand and gravel, it will conform to the original proposed plan. MR. BREWER-Fine. MR. OBERMAYER-That's very reasonable. MR. LEMERY-I think we've been blindsided by your Staff, and I think that this is for purposes of discussion. MR. STARK-Mr. Chairman, as far as I'm concerned. MR. BREWER-No, it was for purposes of extending your permit, is what it was for, not discussion. MR. STARK-Mr. Lemery, what's the matter with taking the existing application that's on file, changing the dates, which the DEC is happy with that. I don't see where you have to spend $25,000. You won't need an EIS or anything else, as fa1" as I'm concerned, but that's just me. It's not the rest of the Board, submit it, we'll have a special meeting, possibly with Sherman Pines, and at the most, it could hold Mr. Wages up maybe a couple of weeks. MR. MACEWAN-Would you expect that of anybody else, to come in and give you a site plan that's five years old, tell them to change the date and we'll approve it? MR. STARK-The DEC approved it. MR. OBERMAYER-The plan has not changed, has it? plan. It's the same MR. PALING-The long range plan has not changed. MR. OBERMAYER-It hasn't changed. You just haven't excavated the amount of material that you're planning to excavate over that five year period. MR. BREWER-You have no questions, if you look at that plan, you're not going to have any questions? MR. PALING-That's what I was going to say on a site visit, which we'll do, are problems or discrepancies with what we see saying, lets say what you're going to excavating, and what we find, are we differences? next. Now when we go we going to find any versus what you were do in the way of going to find any MR. WAGES-Ladies and Gentlemen, last week I read a book, and it was called, "The Death of Common Sense". I think I have now entered that era in this room. Four years ago, five years ago, the Great Escape put in an application for a permit to excavate sand from a location. We have followed that. It's been inspected. We haven't had anyone from this Town, anyone from the State, tell us that we are doing anything wrong. We haven't even had anyone specifically come to us from our neighbors and complain about a problem. We've continued to go along. I feel badly that we missed this legal deadline. I feel badly about that, and we're going to do what we can to make sure that you have the information so that you can do your jobs, but please, I ask you all, lets keep our common sense about us, about this. We will give you some papers. We'll try to get them to you next week, so that you have something to review, so that you can do your due diligence, but please lets keep it reasonable, and I don't think we need to say anything else more tonight. MR. STARK-Mr. Chairman, I would like to ask the Board if they - 65 - -. have any problem with, like Tim, or anybody on the Board, if he submits the existing plan, with the dates being changed. What do you think, Tim, could possibly, this is like a discussion item now. MR. BREWER-I have no idea, George. I'm just saying, if site plan, I don't want to have them think that they're come in here and just walk in here and get an approval. say that's going to happen. I'm not saying it's not happen. we get a going to I can't going to MR. STARK-How come you didn't say that to Mr. Schermerhorn? You don't say that to anybody else. It seems like the Great Escape is great whipping boy. MR. BREWER-No, bull shit, George. MR. MACEWAN-That's way out of line, George. MR. PALING-Hold it. MR. BREWER-I've never voted no on anything that the Great Escape has done, George, so don't even insinuate that. If somebody brings a site plan in, it should be properly reviewed. MR. PALING-Okay, Tim. going to do an imProper It ~ be properly revievJed. review. We're not MR. BREWER-I'm not saying it won't. George is saying change the dates and we'll approve it, and that's wrong to say that. MR. PALING-We're going to have a site plan review. MRS. LABOMBARD-Listen, Mr. Lemery is a don't you let him handle it, and we'll see competent lawyer. him again. Why MR. LEMERY-We'll take the plan that's on file and conform the plan to what's existing, and that should do it. So that the plan conforms for the next period of time that the Great Escape is asking for the right to extract sand and gravel, the plan, to the extent that Jim has determined that it doesn't conform to what's been going on. We'll get a surveyor out there and basically conform the plan to what's going on, and that should do it. If there are any issues with the existing plan, other than, it doesn't look like what was proposed back in 1990, it would be helpful to us if the Staff could review it and let us know. It would have been helpful to us if the Staff had reviewed it and let us know before, earlier. MR. PALING-All Jim and Scott with. right. I will volunteer to go in and work with on the existing plan, to see what we can come up MR. BREWER-I don't even know what the site plan is, Bob. MR. PALING-Okay. Do you agree also that, tentatively, Tuesday the 11th for a site plan review? MR. LEMERY-Well, we'll do our best. accommodate us and we wànt to have chance to review it. We know you're trying to it complete so you have a MR. MARTIN-Now we do have a public hearing with this, but it's not like Sherman Pines, where you have, you know, you just have final stage and no public hearing. You have a public hearing and notification to get out. MRS. LABOMBARD-So can we put that in the paper? MR. PALING-Yes. We would have to do that, and can we do that - 66 - "--' --/ .,....../ before we get their information, or do we have to wait until that's in? MR. MARTIN--No. application. I have to have it. I have to have the MR. PALING-That's got to be in. Okay. We'll move as quickly as we can, as soon as you get your information. MR. LEMERY-We appreciate it. MR. MARTIN-I mean, the 18th, that's a regular meeting. I mean, is that killing you? MR. LEMERY-I don't know. Wages. Thanks. I'd have to go back and talk to Mr. MR. PALING-Okay. Thank you. Okay. I have a couple of other items. I want to read into the record a letter from Jim Martin regarding, this is a letter from Jim Martin to the Town Planning Board regarding removal of obstructions from the area surrounding the Warren County Airport, dated March 8th. "I have supplied a copy of the final environmental assessment report for off site obstruction removal around the Warren County Airport to the Supervisor's Office. You may want to consider reviewing this document as it involves removal of vegetation in the significantly large area around the Warren County Airport. Should you have further questions, please feel free to call." I'm going to get the document Jim's referring to. I tried to get it today, but Betty Monahan's got it. I will get the document, and I'll bring it to a meeting, I guess, so you know about it. I'll bring the document to the meeting and I'll pass it around. It it's just a few pages, I'll get copies to everybody. Okay. Now, there's three dates I wanted to repeat. April 3rd there's a public hearing on the Weeks Road extension. That's at seven o'clock at the Activities Center. This is a new one, on April 3rd, seven p.m. at the Activities Center, is the public hearing on the Weeks Road extension. I can't be to this one, but I went to the first one. MR. STARK-Weeks Road extension? MR. PALING-Yes, the match up. MRS. LABOMBARD-Over by Gambles. MR. STARK-Okay. Right. Yes. MR. PALING-Okay, and there was, and I assume there will be again, a lot of public comment on that. April 5th, the South Glens Falls Planning Board has a speaker, Mr. Kuntzler, who's the author of "Geography of Nowhere", and he's going to be their speaker talking about subjects. MR. MARTIN-This gentleman is excellent. He's a leading edge, so to speak, land use author, and he has some good insights into the problems of conventional zoning and how it contributes to sprawl and that type of thing. MR. MACEWAN-Wasn't he at one of the teleconferences, about a year and a half ago? MRS. LABOMBARD-I thought so, too, when we first came, yes. MR. MARTIN-Yes. At least he was referenced, anyhow, and if you get a chance to get over there for that, I'm going to try and get more information on it, but it would be interesting to hear. MR. PALING-All right. May 2nd, this is a repeat, those of you who are interested, we'll go down to Colonie and attend their - 67 - "--' -' Planning Board meeting. That's May 2nd. I must have your commitment by April 25th, as to whether you will or you won't go. May 2nd is a Tuesday. MR. OBERMAYER-That's good. MR. MARTIN-We're going to take the Town van. permission to use that. We'll get MR. BREWER-Site visits for next month. MR. PALING-The dates for next month, which is April, site visits should be April 12th, and meeting dates should be 18th and 25th. MRS. LABOMBARD-I won't be here the 18th. Beach. I'll be in Myrtle MR. PALING-Okay. Mark, we have a question for you. MR. STARK-I have a question for Mark. Mark, because, if they resubmit, whenever they submit, for a new site plan review. MR. SCHACHNER-The Great Escape people you're talking about? MR. STARK-The Great Escape, does that have to go in front of Warren County again? MR. SCHACHNER-Sure, if it's Warren County Planning Board. Sure. MR. MARTIN-Yes. MR. SCHACHNER-And I have to tell you, I'm a little disturbed at the notion that this Board might be too accommodating, because, as an attorney, I'm worried about your legal exposure, when any Board members say things like, just change the date and we'll approve it, and I'm not criticizing. MR. STARK-I didn't say that we'll approve it. MR. SCHACHNER-Okay. The inference seemed to Ql§. to be, just the change the date and we'll at least consider approving it, ,and my concern is that one of the mandates under law is that you take a hard look at each application and review it very seriously, and I think this Board does a superb job of that, in general, and again, I'm mindful of the fact that we've been sued once, and most recently when did something for the Great Escape, where we did something that was extremely, in my opinion, and I think Staff's opinion, accommodating, by which I mean reviewing an application that was not, that did not have every T crossed and eve,'y I dotted, and agai n, part of m.z::. job is to avoid you guys getting involved in litigation and making sure that if you do get involved with litigation that we're putting our best foot for IrJa rd. MR. STARK-Is your advice waiting until the 18th, then, the regular meeting date? MR. SCHACHNER-No. I don't have any problem at all with special meetings. My only concern is that we do things by the number. MRS. LABOMBARD-A lawyer of Mr. that comment as very derogatory even insinuate that he was going the files and change the date on Lemery's caliber certainly took towards him, the fact that, to to take the site plan that is in it. MR. SCHACHNER-I don't agree with you, Cathy. I think he said, to be honest, I think he said, that's what I'm going to do. MRS. LABOMBARD-Maybe I'm naive. - 68 - "--" ~ MR. SCHACHNER-Well, that was ~ impression was he said that's basically what we'll do. MR. MACEWAN-Maybe to go along with that, and the thought that ¡ have about the whole scenario was a lawyer of his caliber knows that Jim is not in a position to grant an extension. MR. SCHACHNER-Or should know. MRS. LABOMBARD-He knew that. MR. MACEWAN-Sure he did. MRS. LABOMBARD-And we made it clear that the law was the law. MR. SCHACHNER-But lets not bend over too far, because somebody is trying to bully the Board around, when the bottom line is that several of you all asked this very question. I don't want to say what kind of caliber lawyers people are. I think that's irrelevant. I think it's even irrelevant whether they're attorneys, but the facts are the facts, and the facts are that the Zoning Administrator took it upon himself, of his own volition, to go above and beyond his duty, many months ago, to inform this applicant, hey, you're going to have something that runs out. You may not be aware of this, you've got an approval that's going to expire six or seven or eight months from now. Now that's the kind of lead time that the Zoning Administrator voluntarily affirmatively put forth. What did the applicant do in response? The applicant effectively sat around and did nothing, at least as far as this approval, and then on the eve of expiration submitted a letter, and the letter says on it, please put us on your March agenda. The letter doesn't say on it, gee Planning Board, we should have gotten to you sooner. Please make sure and put us on your agenda in March before the 27th, because it's critical we have something approved. All it says is, put us on your March agenda. They happened to have been put on the March 21st agenda. They happened to get adjourned to the March 28th agenda, as I understand it, because they themselves requested to be adjourned to the March 28th agenda. There may have been some misunderstanding about that or there may not have, but as one of you members said, the applicant, you're charged with knowing the speed limit, and you can't say to the police officer or the court, yes, I was going eighty, but, gee, I didn't know you can't go eighty. Well, you know what, people are supposed to know what's in this book, and whether you're an attorney or not, you're bound by the law of the Town, and the law of the Town said, in this case, you have an expiration date on March 27th, and if you wait until March to get on the agenda, and you then call the Zoning office and say, can you table me for a week, please, you're ,"unning a heck of a ,-isk, in ~ opinion. MRS. LABOMBARD-Right, and I don't think you should imply or chastise any of us, because as soon as I knew that he missed the deadline and it was clear cut and dried, I went, just like that, that was the issue. The issue was dead. MR. do n ' t giving comments conte~<t . SCHACHNER-My only concern is that our comments on the record make, can't give any judge the impression that we're not this a hard look. That's my only concern. There's that are very innocently made, that can be taken out of MR. STARK-Jim, when did he get his approval for DEC? When did he go in for that? MR. MARTIN-That's the first I've heard of it tonight, and that's another thing that is disturbing to me, is DEC is thought of as being enough of an important agency that we go and make sure that that doesn't expi re and we get ou,- necessary e~<tension on that, and the Town. - 69 - -' MR. SCHACHNER-Wait until the last minute. MR. BREWER-That's my point, George. MR. MARTIN-And the only reason he's here is because I called Jon Lapper three times. I said, make sure you call, or talk to who you have to talk to and tell them~ do not take this lightly. I called him three times in March. You can ask him, and for him to sit here and say, blindsided, makes my blood boil. Like he said, I didn't have to call him last November and point out to him that this was coming around in March. Let it expire, and when I see a payloader down there, in March, I'll tell you you're in violation and you've got to shut it down. MR. SCHACHNER-Just let me be clear on this. I'm not chastising anybody, least of all George. You all can't appreciate, as I can, that comments that you make in innocence, on the record, in a specific context, are typed up in our transcript, because Maria's supposed to type them up, and when I'm in court, and someone from the Glen Lake Association says, and then one member said, just submit something with a new date, and that)ll probably be fine, in the context that you say it, the comment is fine, but when I'm in court, you see how it can be twisted around. MR. STARK-Yes. Jim, what are they doing down there now that makes it so imperative that they have to do this within the next two weeks or three weeks? Are they hauling sand? MR. HARLICKER-Well, they're going to start construction for their, what they got approval last fall, the two new rides. MR. STARK-Yes, I know, but I don't see them hauling sand out of there. MR. HARLICKER-They're going to need material from this pit for construction. MR. SCHACHNER-Yes, you're right, George. MR. STARK-I mean, if they need sand, you know, for two weeks you buy the sand some place, then. MR. PALING-I've been there twice. I haven't seen any activity. MR. STARK-I haven't seen any construction down there at all, not the rides, the excavation. MR. BREWER-George, my point was, when those people sat here last week and they came back this week, we can't say to them that it's going to be approved, or we potentially will approve it. We don't know what those people are going to say. They didn't say anything tonight because they haven't got a plan, any more than we do. MR. STARK-Well, what would they have said, lets assume last week, I mean, we didn't even have a public hearing last week. Bob would have said, does anybody have any comments. MR. BREWER-Yes, lets see a plan. How would we have ever approved anything without knowing what it was? MR. SCHACHNER-For what it's worth, they evidently did have, as I understand it, they did have comments last week. I haven't the faintest idea what they were, but as I understand it, they were prepared, last week, to make a bunch of comments about the previous site plan activities that have gone on since. I have no idea what the comments were, but my understanding is they were prepared to make comments. MR. STARK-The Great Escape had no complaints from these people - 70 - ~ ~' / ,,,,," -... o\/er the years. MR. SCHACHNER-I haven't the faintest idea. I'm just telling you that I was told they were prepared to make comments. MR. STARK-It seems like all these people do the Great Escape wants to do, they'v~ got about it. Nothing makes these people happy. the people around Glen Lake themselves. is pick on whatever a negative comment They ought to check MR. BREWER-That doesn't mean you should ignore them and just say, okay, go ahead, Great Escape. MR. STARK-No. MR. SCHACHNER-I have no idea if what you say is true, but the bottom line is, we can't, we meaning you, you all really can't let that kind of opinion influence how you treat particular applicants. Even if every single thing you say is true, you have to put that opinion out of your mind, and review the application by the numbers. MR. BREWER-That's it. MR. PALING-All right. Now let me just make one comment. Okay. If anybody on this Board is interrupting an applicant, or interrupting another member of the Board, I'm going to cut them off and let the person who has the floor speak. We have enough trouble controlling the applicants interrupting us. How about us being controlled, and when we've got something to say, fine, say it, but don't jump in, when an applicant or somebody from here is talking. Well, I'm not going to say anything about who, but it was obvious there was some interruptions tonight that were out of line. MR. BREWER-If I've got something to say, I'm not going to stop from saying it. MR. PALING-Well, you're going to let them have the floor or you won't say it. MR. BREWER-You can't stop me, Bob. MR. PALING-Yes, I can. On motion meeting was adjourned. RESPECTFULLY SUBMITTED, Robert Paling, Chairman - 71 -