2005-05-10
(Queensbury Planning Board 05/10/05)
QUEENSBURY PLANNING BOARD MEETING
SPECIAL MEETING
MAY 10, 2005
INDEX
DISCUSSION Re-vote on Planning Board Chairman
1.
Site Plan No. 21-2005 Jon & Crystal Holcomb
3.
Tax Map No. 309.11-2-25
Site Plan No. 5-2003 Ian Rowlandson 5.
MODIFICATION Tax Map No. 227.17-2-14
Subdivision No. 6-2005 Robert Reid
6.
PRELIMINARY STAGE Tax Map No. 297.6-1-6.1
FINAL STAGE
Site Plan No. 10-2005 Robert & Janice Grillo 7.
Tax Map No. 227.17-1-51
Site Plan No. 66-2004 Jeffrey Threw 9.
Tax Map No. 316.5-1-12.1
Subdivision No. 20-2004 Jeffrey Threw 32.
PRELIMINARY STAGE Tax Map No. 316.5-1-12.1
FINAL STAGE
Subdivision No. 9-2005 Jeffrey Inglee
33.
PRELIMINARY STAGE Tax Map No. 300-1-40.2
FINAL STAGE
THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TO BOARD AND
STAFF REVISIONS. REVISIONS WILL APPEAR ON THE FOLLOWING MONTHS MINUTES
(IF ANY) AND WILL STATE SUCH APPROVAL OF SAID MINUTES.
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(Queensbury Planning Board 05/10/05)
QUEENSBURY PLANNING BOARD MEETING
SPECIAL MEETING
MAY 10, 2005
7:00 P.M.
MEMBERS PRESENT
ROBERT VOLLARO, ACTING CHAIRMAN
CHRIS HUNSINGER, SECRETARY
THOMAS SEGULJIC
RICHARD SANFORD
GRETCHEN STEFFAN
ANTHONY METIVIER
GEORGE GOETZ
SENIOR PLANNER-STUART BAKER
TOWN COUNSEL-MILLER, MANNIX,SCHACHNER, AND HAFNER-CATHI RADNER
STENOGRAPHER-MARIA GAGLIARDI
MR. VOLLARO-I’d like to open the Special Meeting of May 10, 2005 of the Planning Board.
You have in your hand, some of you, agendas. Be it known that Robert Reid, which was the
third applicant down, has withdrawn his application. I have a letter here that I’ll read during
the regular session. So that won’t be on tonight. We have a change in the agenda item that I’m
going to start off with first, and then we’ll get to Jon and Crystal Holcomb, and then start it
from there, but I’m going to start the meeting off by reading a prepared statement by myself.
First, I want to read a letter that we received, we, the Board, received from the Executive
Director of Community Development on May 4, 2005. The subject was Planning Board
Chairman. The Town Board was canvassed, and a majority is requesting the Planning Board
consider and make a new recommendation to the Town Board. I have been asked to request
that a revised recommendation for Planning Board Chairman, male or female, be made and
submitted to the Town Board. It is my understanding that the Town Board will act on such
recommendation during the next Town Board meeting scheduled for May 16, 2005. I will add
this item to the May 10, 2005 Planning Board agenda, and it was so done today, in e-mail. Now,
I’m going to read a prepared statement to you. The Planning Board has no obligation to
respond to this letter for two reasons. One. It was canvassed by telephone by the assistant to
the Supervisor and a decision was made to request that the Planning Board submit a revised
recommendation. Since this was a decision made by a telephone canvassing, it is in violation of
the Open Meetings Law. Now I’m going to read and digress for just a second to opinions
rendered by Robert Freeman, who is down at the Department of State, and he has two opinions
there, 22-56 and 25-74 and others, but I just picked those two out. It says a series of
communications between individual members or telephone calls between members which
result in a decision or a meeting held by means of a telephone conference would be, in my
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(Queensbury Planning Board 05/10/05)
opinion, inconsistent with the law, and that’s by Robert J. Freeman. Now, the Planning Board is
not required to take direction from the Executive Director of Community Development.
Having said that, Chapter 271 of the Town law states in part, and I’ll read it for you, and it’s
revision of February 2004. I’ve checked this out with a number of people in State and the
legislature. This is the latest piece of information that’s available, as far as Town law is
concerned, Chapter 271. It says the Town Board of each town is hereby authorized by local law
ordinance to create a Planning Board consistent of five to seven members and shall, by
resolution, appoint the members of such Board and designate the Chairperson thereof. In the
absence of a Chairperson, the Planning Board may designate a member to serve as Chairperson.
The Planning Board, on April 19, made a unanimous decision to designate a member to serve
th
as Chairperson. In fact, there is no obligation to have sent a recommendation to the Town
Board. There never is. We do that as a matter of courtesy to that Board. The Town Board has
now two options. One, per Chapter 271 of the Section I just read, the Town can let the decision
of the Chairmanship stand. Two, they can make a resolution designating a Chairman of their
choice following discussion and vote in open meeting. They may choose to go into Executive
Session. I don’t know. This is a personnel matter, and they may choose to hang on a personnel
matter for Executive Session. If they do, they must come out and vote in the clear. Therefore,
I’m recommending that we as a Board, this Planning Board, take no action on Marilyn Ryba’s
letter dated May 4, 2005. Now, all of this information comes from the Department of State, my
discussions with them, and if anybody wants to talk to the attorney there, his name is Harry
Willis. He’d be glad to talk to either our attorneys or any member of this Board concerning this
action, and that’s all I have to say. Thank you very much.
MR. SANFORD-So we basically do nothing at this point? It’s already been done.
MR. VOLLARO-That is correct.
MR. SANFORD-Okay. So, having said that, why don’t we move to the regular agenda.
MR. VOLLARO-I intend to do that. Now, I will ask if there’s any comment from the Board, if a
Board member would like to speak. I don’t like to silence the Board. If there’s a Board member
who wishes to comment, they may, and then after that comment, we will continue on with the
regular Planning Board meeting. Are there any comments by anybody on the Board?
MR. HUNSINGER-I’d just be curious as to Counsel’s opinion on the comments that you just
made.
MR. VOLLARO-Feel free.
MS. RADNER-Very briefly, there’s no obligation for you folks to make a recommendation to the
Town Board, nor is there an obligation from the Town Board to solicit one. As Mr. Vollaro
pointed out, the law gives the Town Board the right to appoint a Chairperson. By soliciting a
different recommendation, they haven’t taken an action. They’ve asked you for the courtesy of
reconsidering. If you don’t wish to do that, as Bob said, you have no obligation to do so. They,
then, have the option of either not appointing a Chair and letting your Acting Chair, Mr.
Vollaro, continue in that capacity, or making their own selection without your recommendation.
MR. SANFORD-Okay. Exception to your comment. I don’t believe we have actually a
legitimate request, based on what I’ve understood from Mr. Vollaro’s comment, as to the Town
Board. First of all, there was a canvassing. When was it done. Who said what? Who decided
what? I don’t know. It certainly is not in public record, and so when you’re talking in terms of
the Town Board has asked us, from a legal and actually just a commonsense perspective, I don’t
believe they’ve asked us to do anything. This was done all underground, for lack of a better
expression, and if they cared to do something like that, they should do it in public setting, and I
don’t believe they have.
MS. RADNER-I can’t comment on that. I wasn’t at their last Town Board meeting. They were
given your recommendation, though, and did not choose to act on it, and to accept that
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(Queensbury Planning Board 05/10/05)
recommendation. There has been no official action to appoint a Town Board member. So in
that respect they have not yet acted on appointing a Chairman, and they are aware of their
obligation, and that decision will be made in accordance with the Open Meetings Law.
MR. SANFORD-My understanding was, though I don’t have the minutes of that meeting, but I
think when we do have the minutes of that meeting, there was no discussion whatsoever. So,
having said that, I guess what my point is, I just want to characterize your statement in a
technically correct way. The Town Board has really asked us to do nothing. It was this
canvassing which was an informal thing done, presumably by Mr. Stec. Again, I don’t
understand it. It certainly wasn’t part of a public meeting.
MR. VOLLARO-There’s a slight correction there. The canvassing was not done by Mr. Stec.
The canvassing was done by his secretary.
MR. SANFORD-Okay. Fine. Thank you. Okay. That’s all.
MS. RADNER-Does that answer your questions, Chris? Are you satisfied?
MR. HUNSINGER-Yes.
MR. VOLLARO-As I said, any member is free to call Mr. Willis. He understands that there are
seven people on this Board that may call him concerning this matter, and he’s free to take your
call, and I’ll give you the phone number and whatever if you need to do that.
MR. GOETZ-Essentially what I think I heard is that the, if the Town Board were to do it
properly, that they could make a decision as to who they would like to have as head of this
Board.
MS. RADNER-That’s correct.
MR. GOETZ-And if they said they wanted a certain person, then as an appointed Board we
pretty much have to go along with their decision. Is that correct?
MS. RADNER-Well, the individual selected doesn’t have to serve. They can’t be forced to act as
Chair if they don’t feel qualified or decline that position, but, yes, they can choose it for you and
they do not need to ask your recommendation or take your recommendation.
MR. VOLLARO-That’s true.
MR. GOETZ-Okay. So they have that right to make the recommendation, except for where they
have no right is to overrule decisions that we make here that are pertinent to the Planning
Board’s business. Is that correct?
MS. RADNER-Are you referring to specific applications?
MR. GOETZ-Yes.
MS. RADNER-Yes. They don’t have an appeal status in terms of particular applications. That’s
correct.
MR. GOETZ-Okay. Thank you.
MS. RADNER-Sure.
MR. VOLLARO-Are we done with that issue?
MR. SANFORD-Yes.
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(Queensbury Planning Board 05/10/05)
MR. VOLLARO-Okay. The first application before is for Jon and Crystal Holcomb.
SITE PLAN NO. 21-2005 SEQR TYPE II JON & CRYSTAL HOLCOMB AGENT: SEAN
FITZPATRICK ZONE: MIXED USE LOCATION: 13 LUZERNE ROAD APPLICANT
SEEKS APPROVAL TO CONSTRUCT A 1650 SQUARE FOOT SINGLE FAMILY
DWELLING WITH A 2 CAR ATTACHED GARAGE. SINGLE FAMILY DWELLINGS IN
THE MIXED USE ZONE REQUIRE SITE PLAN REVIEW APPROVAL. CROSS
REFERENCE: BP 2005-144 TAX MAP NO. 309.11-2-25 LOT SIZE: 1.05 AC. +/- SECTION:
179-4-020
SEAN FITZPATRICK, REPRESENTING APPLICANT, PRESENT
MR. FITZPATRICK-Good evening.
MR. VOLLARO-Good evening.
MR. FITZPATRICK-I’m Sean Fitzpatrick.
MR. VOLLARO-Okay, Sean. As I understand, this is a single family home in a mixed use zone.
Is that correct?
MR. FITZPATRICK-Yes.
MR. VOLLARO-And, as such, it requires site plan review.
MR. FITZPATRICK-Yes.
MR. VOLLARO-I can understand. I’ve read this, and I feel I have absolutely no comment. I feel
you were caught in our mixed use definition with a single family home. I don’t know why it’s
in there. I believe it’s an error. It’s got to be changed, and that’s my only comment as
Chairman. I will let the rest of the Board discuss it, and there’s no, this is a Type II. So there’s
no SEQRA on this as well, and there is a public hearing, however, is somebody wants to speak
to this, but if you’re all finished, I’ll solicit the Board and see if we.
MR. FITZPATRICK-All I have is, the only thing that I know about is there was an existing
house. I submitted a survey that was, it’s not current. It’s a survey of what was handed to me.
We’re going to have final survey, obviously, before the CO is submitted. There was an existing
house on there they tore down because, obviously, it was just an eyesore.
MR. VOLLARO-Yes. I understand the conditions that surround the application, and I don’t
have any comment, as I said before, and if any other Board member does have a comment, they
can speak to it. I think this is pretty, Tony?
MR. METIVIER-I don’t have any comment.
MR. VOLLARO-Chris, how about you?
MR. HUNSINGER-No.
MR. SEGULJIC-No comment.
MR. VOLLARO-All right. I don’t see any comments from the Board, but I will accept a motion
from the Board for approval of this application.
MS. RADNER-I think you have a public hearing.
MR. METIVIER-There’s a public hearing.
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(Queensbury Planning Board 05/10/05)
MR. VOLLARO-Well, okay. Does anybody want to speak to this?
PUBLIC HEARING OPENED
NO COMMENT
PUBLIC HEARING CLOSED
MR. SANFORD-All right. I’ll make the motion.
MOTION TO APPROVE SITE PLAN NO. 21-2005 JON & CRYSTAL HOLCOMB,
Introduced by Richard Sanford who moved for its adoption, seconded by Gretchen Steffan:
WHEREAS, an application has been made to this Board for the following:
Site Plan No. 21-2005 Applicant/Owner: Jon & Crystal Holcomb
SEQR Type II Agent: Sean Fitzpatrick
Zone: Mixed Use
Location 13 Luzerne Road
Applicant seeks approval to construct a 2380 square foot single family dwelling with a 2 car
attached garage. Single Family Dwellings in the Mixed Use zone require Site Plan Review by
the Planning Board.
Cross Reference: BP 2004-502
Tax Map No. 309.11-2-25
Lot Size: 1.05 ac +/- / Section: 179-4-020
Public Hearing: 5/10/05
WHEREAS, the application was received on 4/4/05; and
WHEREAS, the above is supported with the following documentation and inclusive of all
newly received information, not included in this listing as of 5/6/05, and
5/10/05 Staff Notes
5/2/05 Notice of public hearing sent
5/2/05 Meeting notice sent
5/2/05 Map S-1 revised received by CB
4/27/05 C. Brown from Fitzpatrick Construction: submitting required info
4/25/05 Comments from Mike Shaw, Deputy Director Wastewater Dept.
4/21/05 M. Shaw from C. Brown: referral
4/19/05 Staff Notes
4/8/05 Notice of Public Hearing sent
4/4/05 Meeting Notice sent
4/4/05 RPS info
WHEREAS, pursuant to Art. 9 of the Zoning Ordinance of the Code of the Town of Queensbury
a public hearing was advertised and was held on 5/10/05 and
WHEREAS, the Planning Board has determined that the proposal complies with the Site Plan
application requirements of the Code of the Town Queensbury (Zoning); and
WHEREAS, the Planning Board has considered the environmental factors found in the Code of
the Town of Queensbury (Zoning); and
WHEREAS, this approval does not relieve the applicant from obtaining all necessary permits
whether Federal, State or Local, and
NOW, THEREFORE, BE IT RESOLVED, that
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(Queensbury Planning Board 05/10/05)
We find the following: The application is hereby Approved in accordance with the resolution
prepared by Staff and is subject to the following conditions which shall be listed on the final
plans submitted to the Zoning Administrator:
1. A copy of the required NOI to be provided prior to issuance of a Building Permit.
Duly adopted this 10th day of May, 2005, by the following vote:
AYES: Mrs. Steffan, Mr. Hunsinger, Mr. Goetz, Mr. Seguljic, Mr. Sanford, Mr. Metivier, Mr.
Vollaro
NOES: NONE
MRS. STEFFAN-Okay. You’re all set.
MR. FITZPATRICK-Thank you very much.
SITE PLAN NO. 50-2003 PREVIOUS SEQR MOD IAN ROWLANDSON AGENT: JAMES
W. MOONEY ZONE: WR-1A LOCATION: 90 SEELYE RD., QUEENSBURY, NY 12804
APPLICANT IS SEEKING APPROVAL FROM MODIFICATIONS TO A PREVIOUSLY
APPROVED SITE PLAN. THE APPLICANT HAS CONSTRUCTED A SINGLE FAMILY
DWELLING WITH AN INCREASE OF 167 SQ. FT. ABOVE WHAT WAS PREVIOUSLY
APPROVED BY THE PLANNING BOARD. CROSS REFERENCE: AV 77-2003, BP 2004-382
WARREN CO. PLANNING: 4/13/05 APA, CEA: TAX MAP NO. 227.17-2-14 LOT SIZE:
0.26 ACRES SECTION: 179-4-010
JAMES MOONEY & ROBERT FLANSBURG, REPRESENTING APPLICANT, PRESENT
MR. VOLLARO-Would you like to state for the record your name, please.
MR. MOONEY-I’m James Mooney. I’m the contractor for the Rowlandsons.
MR. VOLLARO-Okay. And?
MR. FLANSBURG-I’m Robert Flansburg. I’m the architect.
MR. VOLLARO-Okay. Do you want to tell us a little bit about your problem here?
MR. FLANSBURG-What we’ve done is following Planning Board approval, without realizing it,
the second floor was expanded by five and a half feet. The footprint was not changed. It was
done to meet the client’s needs, and we didn’t know we’d have to come back here, because we
were underneath the ratios. I believe the max is 22%. We’re at 20, and the zoning officer, when
we submitted amended plans and Res Check and so on for the building permit, picked that up
and recommended that we come back before the Planning Board because it was different than
what was approved, in terms of the square footage.
MR. VOLLARO-It’s a deviation of 167 square feet.
MR. FLANSBURG-Correct.
MR. VOLLARO-That’s the deviation. Look, there is very little that we can do here on this
Board. If I was a real ogre, I could talk about making you take it down, but I’m not going to do
that. So, with that, we have no SEQRA this evening. It’s a Type II and there is no public
hearing this evening on this at all. I’m sorry, it says not required. It says public hearing not
required on the agenda. Are we correct with that?
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(Queensbury Planning Board 05/10/05)
MS. RADNER-Right, public hearing not required. If you were to see something about the
application that made you believe that the previous SEQRA was no longer valid, you could
revisit the SEQRA. Otherwise, you’ve already completed SEQRA. It’s not that it’s a Type II.
MR. VOLLARO-Okay. It’s just on the previous SEQR. Fine. I see nothing here, personally.
The rest of the Board will have to make a determination, but for 167 square feet, I have no
comments.
MR. HUNSINGER-The only question I have is, since it’s so close to the lake, would that have an
impact on the stormwater management plan? Staff said it didn’t appear to. I guess I’d like to
hear from the applicant. Let him go on the record saying that it won’t.
MR. FLANSBURG-No. It would not. The roof area has not changed. The footprint has not
changed. Instead of a 12/12 roof over a certain area, there’s a flatter roof, but it’s the same
overall effects.
MR. VOLLARO-It’s the same non pervious. Once you said the footprint was the same, I knew
that it was an interior problem.
MR. FLANSBURG-Yes, it was.
MR. VOLLARO-Yes, okay.
MR. SEGULJIC-I don’t have any problem with it.
MR. VOLLARO-Okay. Anybody on the Board have a problem with this one? Okay. Since
there’s no SEQRA and I don’t think there’s a requirement here for a public hearing, I’ll entertain
a motion for approval.
MOTION TO APPROVE MODIFICATION TO SITE PLAN NO. 50-2003 IAN
ROWLANDSON, Introduced by Gretchen Steffan who moved for its adoption, seconded by
Richard Sanford:
WHEREAS, an application has been made to this Board for the following:
Site Plan No. 50-2003 Applicant/Property Owner: Ian Rowlandson
Previous SEQR Agent: James W. Mooney
Zone: WR-1A
Modification Location: 90 Seelye Rd, Queensbury, NY 12804
Applicant is seeking approval from modifications to a previously approved site plan. The
applicant has constructed a single family dwelling with an increase of 167 sq. ft. above what
was previously approved by the Planning Board.
Cross Reference: AV 77-2003, BP 2004-382
Warren Co. Planning: 4/13/05
APA, CEA
Tax Map No.: 227.17-2-14
Lot size: 0.26acres / Section: 179-4-010
Public Hearing: Not Required
WHEREAS, the application was received on 3/15/05; and
WHEREAS, the above is supported with the following documentation and inclusive of all
newly received information, not included in this listing as of 5/6/05, and
5/10/05 Staff Notes
5/2/05 Meeting Notice sent
Undated Staff Notes
4/21/05 J. Connolly, APA from C. Brown
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(Queensbury Planning Board 05/10/05)
4/1/05 Meeting notice sent
3/15/05 RPS info
WHEREAS, pursuant to Art. 9 of the Zoning Ordinance of the Code of the Town of Queensbury
a public hearing is not required for a modification; and
WHEREAS, the Planning Board has determined that the proposal complies with the Site Plan
application requirements of the Code of the Town Queensbury (Zoning); and
WHEREAS, the Planning Board has considered the environmental factors found in the Code of
the Town of Queensbury (Zoning); and
WHEREAS, this approval does not relieve the applicant from obtaining all necessary permits
whether Federal, State or Local, and
NOW, THEREFORE, BE IT RESOLVED, that
We find the following: The application is hereby Approved in accordance with the resolution
prepared by Staff.
Duly adopted this 10th day of May, 2005, by the following vote:
AYES: Mr. Sanford, Mr. Metivier, Mr. Hunsinger, Mr. Seguljic, Mrs. Steffan, Mr. Goetz, Mr.
Vollaro
NOES: NONE
MR. FLANSBURG-Thank you very much.
MR. VOLLARO-You’re very welcome.
SUBDIVISION NO. 6-2005 PRELIMINARY STAGE FINAL STAGE SEQR TYPE:
UNLISTED ROBERT REID PROPERTY OWNER: MARGARET REID ZONE: SR-1A
LOCATION: ROLLING ROAD, LOT 48 IN SECTION 4 APPLICANT PROPOSES TO
SUBDIVIDE AN 8 +/- ACRE PROPERTY INTO TWO RESIDENTIAL LOTS OF 5 +/- AND 3
+/- ACRES. CROSS REFERENCE: NONE TAX MAP NO. 297.6-1-6.1 LOT SIZE: 1.02
ACRES SECTION: 179-4-020
MR. VOLLARO-And a letter was submitted to Craig Brown that says, “After considerable
deliberation concerning our plan to divide Lot 48, Section IV of Rolling Ridge, (which we are
planning to give to our son, Robert S. Reid) we have decided to withdraw our application. It is
our hope that this decision will not prejudice the planning board toward any possible (but
unlikely) future change in plans. Thank you for your courtesy and help in guiding Robert
through the various steps involved in our application. Sincerely, Margaret Reid Robert A.
Reid, M.D. Robert S. Reid” Is that letter in the record? I have read it.
MS. RADNER-It’s now in the record.
MR. BAKER-It’s now in the record.
MR. VOLLARO-Do you have a copy, is what I really want to know.
MR. BAKER-Let me just check the file. We should.
MR. VOLLARO-Because this is May 5, received.
th
MR. BAKER-Yes.
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(Queensbury Planning Board 05/10/05)
MR. VOLLARO-Okay. Thank you.
SITE PLAN NO. 10-2005 ROBERT & JANICE GRILLO AGENT: SHAWN CALLAHAN
ZONE: WR-1A LOCATION: 121 SEELYE ROAD APPLICANT PROPOSES A 600 SQ. FT.
EXPANSION OF EXISTING GARAGE. EXPANSION OF A NON-CONFORMING
STRUCTURE IN A CRITICAL ENVIRONMENTAL AREA REQUIRES SITE PLAN REVIEW
AND APPROVAL FROM THE PLANNING BOARD. CROSS REFERENCE: AV 45-2004, BP
96-240 APA, LG CEA WARREN CO. PLANNING: 3/9/05 TAX MAP NO. 227.17-1-51 LOT
SIZE: 0.84 ACRES SECTION: 179-13-010
SHAWN CALLAHAN, REPRESENTING APPLICANT, PRESENT; ROBERT GRILLO,
PRESENT
MR. VOLLARO-For the record, you are?
MR. GRILLO-Robert Grillo.
MR. CALLAHAN-Shawn Callahan.
MR. VOLLARO-Okay. Shawn, are you the contractor?
MR. CALLAHAN-Yes.
MR. VOLLARO-Okay. Incidentally, the agenda says, under this, that we have a, it says the
SEQRA is Type II and yet the SEQRA status on the Staff notes talks about Unlisted. Does
anybody have comment on which one it is?
MS. RADNER-It’s a Type II because it’s a single family, right?
MR. BAKER-Type II.
MR. VOLLARO-Type II. Okay. Fine. So there would be no SEQRA involved on a Type II. You
did supply some stormwater. I know that the way our motion was, and I guess I can read the
motion, but the motion said pending submission of a stormwater management plan for the
existing and addition to the garage. Now I’ve read the minutes. I think I advised you at the
time we did that, we weren’t looking for a sophisticated engineering report.
MR. CALLAHAN-Correct.
MR. VOLLARO-Okay, and so what I see on the drawing, and really what you did is you
annotated the bottom of the drawing with some notes and said 12 deep by 24 wide, from
building out, Number Two or Three Crushed Stone. (Lost words) continues for the entire
structure toward Grillo on the east side. Personally, in looking at 12 deep by 24 wide, from a
shed on the roof, you know, I could almost say it’s good. I haven’t done any calculations on
that, so I don’t know. I don’t know what the volume of water from the roof is. I have no idea,
whether or not this 12 deep by 24 wide can handle that or not. However, it looks reasonable to
me, and I’ll have to solicit from the remaining portion of our Board here whether it looks okay
to them. So I’ll start off with, Tony, what’s your, have you looked at the plan, Tony, to see what
he’s actually done?
MR. METIVIER-I understand it.
MR. VOLLARO-Okay. He’s going to dig a trench, basically a French drain, that’s 24 inches
wide, 12 inches deep, for the length of the new building and the old, and he’s going to pipe that
toward his building, so that the neighbor to his north, who testified, not testified, but came
before our Board complaining about some water running over on her property. What he’s done
is tried to divert that to his own.
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(Queensbury Planning Board 05/10/05)
MR. METIVIER-I understand, and I’m fine with that.
MR. VOLLARO-Okay. Chris?
MR. HUNSINGER-Is it a pipe or is it a swale? I thought, I was under the impression from last
meeting it was a swale.
MR. VOLLARO-There’s a swale there now. My understanding is there was a swale that was
not acting well enough to keep the water off the neighbor’s property.
MR. HUNSINGER-Right, no, I was asking the applicant.
MR. VOLLARO-When he says 12 deep by 24 wide, I assume that that’s a trench.
MR. HUNSINGER-That’s the trench.
MR. VOLLARO-That runs along the north side of both of us new buildings, the new and the
old.
MR. HUNSINGER-Right, and then on the map there’s a label that says stormwater diversion to
Grillo.
MR. VOLLARO-That’s correct.
MR. HUNSINGER-And my question is, is that a, you said it was a pipe. I don’t know how you
arrived at that, because it doesn’t say anywhere here that it is a pipe.
MR. VOLLARO-No. All I said, Chris, was that on the north side of the building there’s a trench.
How it gets out of that trench, I don’t really know.
MR. HUNSINGER-That’s what I’m asking them.
MR. GRILLO-Well, where the garage is right now, it’s a level area. Beyond the garage on the
east side, property slopes down toward the lake, and basically the slope is right at the end of the
garage within two or three feet. So all I have to do is just end that trench where it starts to
slope, just meet the grade of the property.
MR. HUNSINGER-So the grade will keep the water away from the neighbor.
MR. GRILLO-Yes.
MR. HUNSINGER-Okay.
MR. VOLLARO-I think it’s pretty good.
MR. SEGULJIC-Yes, I’m fine with it.
MR. VOLLARO-Anybody else on the Board have any considerations?
MRS. STEFFAN-In the pictures you provided, there seems to be small diameter trees behind
there. Will they have to go when you put the drain in?
MR. GRILLO-I planted those trees. There’s two Cherry Trees, one I have to replace, it’s dead,
and two Peach Trees, and a bunch of little oak trees that are back there and maples. No, they’re
staying.
MRS. STEFFAN-They’re staying? Okay. Good.
10
(Queensbury Planning Board 05/10/05)
MR. VOLLARO-Okay. We have a Type II. So we don’t have a SEQRA, and the public hearing
has been closed. So, based on general consensus of the Board, I will call for a motion on this
application.
MOTION TO APPROVE SITE PLAN NO. 10-2005 ROBERT & JANICE GRILLO, Introduced
by Chris Hunsinger who moved for its adoption, seconded by Anthony Metivier:
WHEREAS, an application has been made to this Board for the following:
Site Plan No. 10-2005 Applicant/Property Owner: Robert & Janice Grillo
SEQR Type II Agent: Shawn Callahan
Zone: WR-1A
Location: 121 Seelye Road
Applicant proposes a 600 sq. ft. expansion of existing garage. Expansion of a non- conforming
structure in a Critical Environmental Area requires site plan review and approval from the
Planning Board.
Cross Reference: AV 45-2004, BP 96-240
APA, LG CEA
Warren Co. Planning: 3/9/05
Tax Map No. 227.17-1-51
Lot size: 0.84 acres / Section: 179-13-010
Public Hearing: 3/22/05 Tabled; P H Closed
WHEREAS, the application was received on 2/15/05; and
WHEREAS, the above is supported with the following documentation and inclusive of all
newly received information, not included in this listing as of 5/6/05, and
5/10/05 Staff Notes
5/2/05 Meeting notice sent
Undated FAR sheet; Site Development sheet
4/26/05 PB resolution: Tabled
4/15/05 Additional info received
4/15/05 Fax to agent:
3/22//05 PB resolution: Tabled
3/22/05 Staff Notes
3/15/05 Notice of Public Hearing sent
3/9/05 Warren Co. PB recommendation: No Action
2/28/05 Meeting Notice sent
WHEREAS, pursuant to Art. 9 of the Zoning Ordinance of the Code of the Town of Queensbury
a public hearing was advertised and was held on 3/22/05; and
WHEREAS, the Planning Board has determined that the proposal complies with the Site Plan
application requirements of the Code of the Town Queensbury (Zoning); and
WHEREAS, the Planning Board has considered the environmental factors found in the Code of
the Town of Queensbury (Zoning); and
WHEREAS, this approval does not relieve the applicant from obtaining all necessary permits
whether Federal, State or Local, and
NOW, THEREFORE, BE IT RESOLVED, that
We find the following: The application is hereby Approved in accordance with the resolution
prepared by Staff.
Duly adopted this 10th day of May, 2005, by the following vote:
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(Queensbury Planning Board 05/10/05)
AYES: Mr. Metivier, Mr. Hunsinger, Mr. Seguljic, Mrs. Steffan, Mr. Goetz, Mr. Sanford, Mr.
Vollaro
NOES: NONE
MR. GRILLO-Thank you very much.
MR. VOLLARO-You’re very welcome.
MRS. STEFFAN-Good luck.
SITE PLAN NO. 66-2004 SEQR TYPE: UNLISTED JEFFREY THREW AGENT: VAN
DUSEN & STEVES ZONE: WR-1A, SR-1A LOCATION: 25 EAGAN ROAD APPLICANT
IS SEEKING APPROVAL FOR SITE FILLING AND GRADING ASSOCIATED WITH THE
FUTURE CONSTRUCTION OF TWO SINGLE-FAMILY HOMES. SITE PLAN REVIEW IS
REQUIRED DUE TO FILL/GRADING THAT HAS EXCEEDED THE REQUIREMENTS OF
SECTION 179-6-070. CROSS REFERENCE: SUB 20-2004 WARREN CO. PLANNING:
12/8/04 TAX MAP NO. 316.5-1-12.1 LOT SIZE: 6.1 ACRES SECTION: 179-4-020
MATT STEVES, REPRESENTING APPLICANT, PRESENT
MR. VOLLARO-Good evening.
MR. STEVES-Good evening. I’m Matt Steves representing Jeffrey Threw on this application. I
believe at the last meeting there were a few things that were brought up about the plan, and
those have been addressed and changed. We also received a letter from C.T. Male, after their
review, with just four minor comments. I have a copy of that letter that they had faxed to us,
and then a copy of the Nace Engineering letter reviewing those changes. Two of them weren’t
really changes. They were just denoting something a little better on the map. I can go through
their letter real quick.
MR. VOLLARO-You can if you’d like. After you do, I’d like to just make a comment to that.
MR. STEVES-Okay. The Number One was the limits of fill are indicated on the plan, the
location of the appropriate erosion control measures should also be clearly denoted, which has
been done. There’s a silt fence on the lower portion of the fill area that has been done. Place silt
fence prior to any site disturbance, and that’s been noted on the plans. Number Two, we
assume that the shaded area on the drawing represents the area for placement of the erosion
control blanket, and there was a note there that is erosion control blanket, see note that’s on
there. From a phasing perspective, the plan should describe whether the fill will be placed
during one defined period of time or over the course of several months. It is noted that that
should be placed within one month’s time. The blanket should be placed during times of
inactivity to prevent erosion. Like I say, it’s going to be there for one month time, topsoil,
seeded, the erosion control blanket, everything all done within one month. Will topsoil be
placed beneath the erosion control blanket? Yes. Again, it’ll all be topsoil, graded, seeded,
erosion control. It’ll all be taken care of within the one month period. Temporary stone apron
should be placed at the point of ingress and egress to help keep excessive soil off the road, and
we have, again, shown that, in the area near where one of the driveways would be placed on
that lot, and we sent that back with all the changes on it to Jim Edwards, and to Craig Brown.
MR. VOLLARO-Okay. I just have one comment. In reviewing the application, it’s been here for
a while. I went over the whole application. There were three letters by C.T. Male, January 18,
th
March 8, and May 6, and what I’m really asking C.T. Male to do, when they reply and signoff
thth
on this, that they signoff on all the items that are listed on January 18, March 8, and May 6,
ththth
because there’s two different engineers did this, Mr. Houston and Mr. Edwards, and I want to
make sure they’re holding hands in terms of the signoff. That’s all I’m really asking you.
12
(Queensbury Planning Board 05/10/05)
Because there was an awful lot in the first two letters. They had 16 or 17 items that they talked
about. Okay.
MR. STEVES-And I believe there was one other comment in the letter that was from Dave
Hatin, regarding the soil borings. Tom Nace did test pits in that area, not necessarily soil
borings, but they did go down to six feet in the area of the proposed septics and near where the
houses are. We don’t have a problem with that, requesting that boring. The question we have
for the Board is, you know, getting a hold of somebody like Fred Dente, doing a soil boring at
each location, you’re talking around five to seven thousand dollars, and we don’t have a
problem with that, but Mr. Threw is going to convey these to his sons, basically in a trust, and
they may not build there for quite a few years. They’re young teenagers. If we could stipulate
on the map that a soil boring will be performed at the location of the proposed structure prior to
issuance of a building permit, and that is engineering sound for the house at that location.
Because if we bore one right now, right where the house is shown, what if, in ten years from
now, if somebody builds on it, they decide to build over a few feet, is there any way to check it
at that time? These aren’t lots that are going to be built on tomorrow. So we’re asking the
opinion of the Board on that, as to whether or not that’s a suitable situation for, or suitable to do
that, apply that to, before a building permit is issued.
MR. SEGULJIC-I would think that sounds reasonable to me. Could we put a condition like
that?
MS. RADNER-It would be very, very difficult, from the enforcement standpoint, to hope that
your planning staff, seven years from now, or ten years from now, or whenever actually would
catch that as a requirement before a building permit is issued. I think the concern with this
particular property was the types of fill, and that when construction happens, is they don’t
know exactly what fill was placed where, composting over the years, you’re going to end up
with some of these neighborhoods where we’re now having sinkholes in backyards, and we’re
trying to guard against that by making sure we know what we’re building on.
MRS. STEFFAN-One of the questions I have, Mr. Steves, is when we soil borings are done, is it,
how many per lot? Or is it just one, is it several?
MR. STEVES-No, it’s typically, if you take your foundation plan of your home, in the area
where you’re going to be building the house, and around that area, and they typically do three
to four.
MRS. STEFFAN-Okay. Thank you.
MR. VOLLARO-Tony, I’ll go down the line on this. What’s your feeling on this application?
MR. METIVIER-I actually have to echo what Staff Counsel just said. I was thinking the same
thing. Seven or ten years down the road, they’re never going to catch that. I think if it was a
requirement of the Board, we should probably have something in place now for that.
MR. VOLLARO-Yes. I looked at all of, there was a lot of things I was willing to condition. I’m
not a big condition man, as most of you know. I like to see a plat that’s pretty clean, but I would
have gone along with some conditions, but what I feel, on soil borings, it will tell us whether or
not this property is developable, because when you look at Eagan Road, where it’s going to be
done, and you move the setbacks back from Eagan, your required setbacks, the conventional
wisdom says you’re going to build a house around that setback a little bit more, and that’s
where the soil borings need to be done, because there’s only a certain amount of flat area on that
property. After that it gets pretty steep. So I’d be willing to condition most of this, but I think
I’d want to see that the property was developable to begin with, and then add the conditions to
that, once I knew that’s what it was.
MR. STEVES-Okay. Question for you, Mr. Chairman. As far as, this is a kind of two step
process. Correct? Because we have a site plan, too, to stabilize.
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(Queensbury Planning Board 05/10/05)
MR. VOLLARO-Yes, I realize that.
MR. STEVES-And then the subdivision, and, you know, I still haven’t heard from everybody on
the Board, but I get the general consensus here. If we can get the permission and the approval
for the site plan, so that we can get the equipment in there to stabilize that bank, then that
would be an opportune time for him to also do the test borings, but, you know, not knowing if
he’s going to be able to get a subdivision or even have the approval to grade that and stabilize
the bank, he’s kind of up in the air of whether he wants to spend that kind of money to do soil
borings.
MR. VOLLARO-I don’t blame him. I wouldn’t want him to do that. What I want to do, in my
mind, this is one seat, one Board member one, the Chairman has just one vote.
MR. STEVES-Yes, understood.
MR. VOLLARO-I want to make sure that the subdivision is doable, and that we can actually
have developable lots here based on soil borings. Once I know that, I can go forward, I can
condition this on things like prior to final signature of the plat, proof of compliance with the
DEC letter be submitted to Staff for review. Those kind of things I can condition.
MR. STEVES-Understood.
MR. VOLLARO-The soil borings I’m concerned with. I want to know that this lot can be,
indeed, built upon, and then go from there, and in looking at the Dave Hatin, he’s pretty strong
on that particular situation. He places a lot of emphasis on it.
MR. HUNSINGER-I’m sorry. Were you asking us to just look at the site plan first?
MR. STEVES-No, I just wanted to make sure you understood that, talking for my client, I don’t
believe he’ll have a problem, knowing that at least if we get the site plan approved, then we can
do the grading.
MR. HUNSINGER-Because I think you were both saying the same thing.
MR. STEVES-Correct.
MR. HUNSINGER-Yes. I don’t have a problem in separating the site plan from the subdivision.
MR. STEVES-Right. Understood. We’re not going to move forward with the subdivision
tonight. The idea I’m hearing is that can we at least move forward with the site plan, get that
approved, come back with any conditions you may have, such as the soil borings, and we can
get that bank stabilized, grade that off, and then come back with the information presented to
this Board, and then go through the subdivision.
MR. HUNSINGER-Because completing the site plan would pacify the concerns of the neighbors
that we heard the last time.
MR. STEVES-Correct.
MR. METIVIER-That’s more important than the subdivision at this point. I understand where
your client is coming from, but you have to understand where the neighbor is coming from, and
I think if we could get that done, it’ll be a big step in the whole overall process.
MR. STEVES-Absolutely.
MR. VOLLARO-If we go to site plan, Chris, and the rest of the Board, I notice that this is a split
zone, and part of this subdivision is in WR-1A zone, and that we don’t have a floor area
14
(Queensbury Planning Board 05/10/05)
worksheet to go along with the WR-1A. It was never submitted as part of site plan. So if we
want to get into site plan, that’s fine. I’m ready to do that, if you want to talk site plan, but there
are certain things that are missing in the site plan application, I feel, unless I’m missing it. If
Staff can show me where there’s a floor area ratio worksheet, I have N/A on mine, in what I got
in my packet. If Staff has one that’s already filled out, just let me know.
MR. STEVES-You’re only talking on the entire property, or just the area within the?
MR. VOLLARO-Well, because it’s a split zone, the WR-1A zone, half of this property is in WR-
1A.
MR. STEVES-Correct.
MR. VOLLARO-And that requires a floor area ratio worksheet, at least in my view.
MR. STEVES-Okay.
MR. VOLLARO-And I don’t know. Staff is looking at it. I have a blank one. They may have
one that’s filled out. I don’t know.
MR. BAKER-No, the Board has what Staff has.
MR. VOLLARO-Thank you. So, that would be one thing I think we’d need in here is a floor
area ratio worksheet.
MR. STEVES-I don’t have a problem with that, but doing that, and we were not proposing
anything new in the WR-1 Acre zone.
MR. VOLLARO-The whole lot is split. I mean, you can’t take that zone line and say, okay, the
rest of the lot’s not ours.
MR. STEVES-I understand, but the two new lots, then, there won’t be any, there’s zero floor
area ratio there. There’s zero, and there will be zero.
MR. VOLLARO-Because nothing is built.
MR. STEVES-And nothing will be built within that zone.
MR. VOLLARO-Okay. Then how do we get to a, if we get to a site plan, normally a site plan, to
me, at least, has a building. A building is on the building. How far is the setback, forward and
back setbacks, all of that, are something we discuss in site plan. There is no building, and there
will not be for maybe ten years, when these youngsters grow up to an age where they want to
build a house.
MR. STEVES-Right, and that house, whenever it is built, will not be within the WR-1 Acre zone.
MR. VOLLARO-That’s true, and I can see that from the drawing, but the lot that they’re going
to build on is still part of that. You can’t just say they’re building north of the WR-1A zone, and
therefore they don’t have to come in with anything. I’ll ask the rest of the Board how they feel
about this, but.
MR. STEVES-I guess my question is, do you apply this WR-1 Acre zone requirement of floor
area ratio to the portion of the lot that isn’t within that zone?
MR. VOLLARO-That’s a question that I, it’s a good question. I don’t know whether I have an
immediate answer for that.
15
(Queensbury Planning Board 05/10/05)
MS. RADNER-That would be the Zoning Administrator’s determination, ultimately, and I
believe the answer is yes, that they do consider that, whenever you have a split zone property.
MR. STEVES-Fine. I was just making the Board aware that there isn’t anything happening
within that zone, that’s all.
MS. RADNER-Can I make just two real quick points for the record? It sounds like what the
applicant is asking is that the subdivision be tabled, and that he proceed only on the site plan. If
the applicant wants to do that, and the Board is inclined to allow that, we need the applicant to
acknowledge that they’re proceeding at their own risk. They propose construction of two single
family homes, and this grading is with the anticipation of two single family homes, but since
we’ve only got one lot, they proceed at their own risk, because we wouldn’t allow two primary
structures on a single lot, absent a subdivision, ultimately.
MR. STEVES-Understood.
MR. SANFORD-I think it’s putting the cart in front of the horse, a bit. I think we need to get the
subdivision resolved. Wouldn’t that be the logical way to proceed?
MR. VOLLARO-I feel that way, but I want the Board to speak, one member of the Board has
already spoken in favor of going to the site plan.
MR. SANFORD-That’s the presumption of subdivision.
MR. VOLLARO-It usually is. My problem is, on a site plan, I usually deal with the things that
are typical to site plan, like setbacks, stormwater drainage, that kind of thing, and here we don’t
have a house.
MR. HUNSINGER-He’s proposing grading.
MR. VOLLARO-Fine, okay.
MR. HUNSINGER-That’s it. So that’s all we’re really looking at. That’s how I view the site
plan, as grading.
MR. VOLLARO-When he goes to build a house, what does he do, now? Does he go and get a
building permit that’s based on setbacks and that sort of thing? In other words, we’ve done a
site plan review, and we say, based on grading, everything looks fine, and does he just come
back for a building permit at that point?
MR. BAKER-That’s correct, yes. One principal use would be allowed on the lot.
MR. METIVIER-Or he would come back for site plan or a subdivision approval, prior to
building anything, to see if you can get a subdivision for the two lots.
MR. SANFORD-But isn’t the real issue whether or not, I mean, there’s been all kinds of fill
thrown in there, and we were out there a couple of times, and, you know, it’s probably going to
be fine. I have no reason to suspect otherwise, but wouldn’t we want to know that the soil
strength is going to be significant, you know, or of such a substance that houses can be built on
this, and then, after we know that, approve a subdivision and then move to site plan.
Otherwise, we’re spending time doing this, and if the subdivision doesn’t work, we’ve wasted
that time. I mean, that’s my only point.
MR. HUNSINGER-This might play right to Bob’s comment, but there is an existing house on
Lot One. So maybe we do need to get the Floor Area Ratio, but if we approve the site plan,
we’re approving a site plan for an existing residence. All we’re approving is the grading. I
mean, I think we can differentiate the difference between the grading and then the future
16
(Queensbury Planning Board 05/10/05)
subdivision. If the rest of the Board doesn’t feel that way, that’s fine. I’m just providing my
opinion.
MR. SANFORD-No, Chris, I’m a little confused, I think. I know that when we went out there,
we saw, a lot of wood chunks and thinks like that, and as they break down, we’re concerned
about the stability of the soil, I thought.
MR. HUNSINGER-No, I understand that. I had the same concern.
MR. STEVES-I do, too, okay, and we’re not denying all this stuff. I just want to back up real
quick. When we went into the Staff, Mr. Brown, to show him this two lot subdivision, he
suggested, because of the fact that the fill was placed and the neighbor’s concern with the bank,
that we have site plan approved before we get subdivision approval. Now that was my
understanding with Mr. Brown.
MR. VOLLARO-Was that his recommendation?
MR. STEVES-Absolutely. Otherwise, why would we come in for site plan at all?
MR. VOLLARO-Does Staff acknowledge that recommendation?
MR. SANFORD-Why do you want it to be done that way?
MR. BAKER-Site plan review is required for the fill activity.
MR. STEVES-He just thought, Mr. Brown thought it would be a better idea to get that bank
stabilized, instead of just incorporating the grading plan in the subdivision, is to have that
completely pulled away from the subdivision and just have a grading plan for the existing lot,
get that done, and then come back in, or then have subdivision approval. So that’s why we
have site plan and subdivision. Otherwise, we’d be here just for subdivision with the grading
plan on the subdivision. We wouldn’t even be here for a site plan whatsoever, but that was the
recommendation of the Zoning Administrator.
MR. VOLLARO-Okay. On the site plan, let’s go down that street, just for a second. You’ve got
a spot for a proposed house. Is that where they’re going to be? Have you fixed in your mind
that on those two lots that’s where the proposed houses are going to sit?
MR. STEVES-Yes.
MR. VOLLARO-So, from a setback point of view and so on, I mean, this can be measured on the
drawing here. So I don’t know, you know. I’m going to bend to the will of this Board and find
out what the Board thinks. I’m not going to try to negotiate this by myself .
MR. METIVIER-I think we should move forward with the site plan and for tonight table the
subdivision.
MR. VOLLARO-Okay. That’s one, and, Chris, I know where you are. Tom?
MR. SEGULJIC-It’s a unique situation, in that I think we want to get the area filled. So that
means we want to approve the site plan, if I’m understanding all this.
MR. VOLLARO-That’s exactly the track we’re on.
MR. SEGULJIC-Because that’s what the neighbors are most concerned with right now, and then
as far as subdivision goes, I don’t think I really have a problem with that either, other than, my
only comment about doing the borings is that, let’s say this doesn’t get developed for five years
and all of a sudden they want to move the house elsewhere, when you have fill, it’s very
17
(Queensbury Planning Board 05/10/05)
location specific. My concern would be they do the borings at one location and actually end up
building a house on another location.
MR. VOLLARO-That’s a good point.
MR. SEGULJIC-There’s a damned if you do, damned if you don’t, sort of. That’s why I’m in
favor of doing them later, but I can understand the concern of making sure they get them.
MR. STEVES-Right. I mean, I don’t know how to address that, as far as legally. I mean, that
note would have to be placed on the mylar. We can even convey these lots with some kind of a
restriction in the deed that that be done. I have no idea, but, like I said, if you do test borings
now, and then ten years from now nobody else remembers this, but somebody builds in a
completely different location, it’s kind of useless to have done those test borings.
MR. SEGULJIC-Or, more likely, they said there were test borings done, the site’s all set, and
they built wherever, and all of a sudden, we’re back at the door. That’s my concern.
MR. VOLLARO-No, it’s valid. It’s certainly a valid concern. I understand where you’re coming
from on something like this. This is a difficult decision to make.
MR. GOETZ-I agree with the Counsel, with what I’ve heard. I think we came here for one
thing. Now we’re going a different direction, and the Counsel has some concerns about doing it
that way, and I do also.
MR. VOLLARO-Okay. Gretchen, where do you come down on this?
MRS. STEFFAN-I think that we should look at the site plan first, based on Counsel’s comments
which are part of the record. The applicant understands what we’re looking for next, that there
are guarantees that it can be subdivided. I’m still a little nervous about conditions and deed
notations. I mean, I certainly believe that there needs to be a deed notation on this lot, or lots,
that this has been a landfill, but as far as enforcement goes, the plat’s going to have to contain
some of that information, that it’s been a landfill, but also, wherever the test borings were, that’s
the place that the building has to happen, but that is at the next phase. So I think we’d need to
find out that the land is stabilized, and able to be subdivided for building. So I think that needs
to happen first.
MR. VOLLARO-I think we have a consensus from the Board here that we go to site plan. It
looks that way to me. I think we have, Tom, you’re okay with site plan first?
MR. SEGULJIC-Yes.
MR. VOLLARO-You’re okay with site plan first. You would like to?
MR. GOETZ-I’m against it.
MR. VOLLARO-You’re against it, and I think Mr. Sanford is one way or the other.
MR. SANFORD-To be honest with you, you know, I’m just a little confused, but I guess, it just
seems like it’s a little backwards.
MR. VOLLARO-Well, we don’t normally do it this way. It’s a little out of context.
MR. SEGULJIC-This is a unique situation.
MRS. STEFFAN-It’s a unique situation, I believe. I do have one question. In the Staff notes it
said here the allowable residential density after deducting slopes greater than 20% is three lots.
The Planning Board should consider including a condition that no further subdivision of this
property shall be allowed, and my question for Counsel, is that enforceable?
18
(Queensbury Planning Board 05/10/05)
MS. RADNER-Yes.
MRS. STEFFAN-Okay, as long as it’s included on the plat, then it’s enforceable long term.
MR. BAKER-That would be a condition on the subdivision approval.
MR. VOLLARO-Well, that’s a subdivision condition. It’s not a site plan condition.
MRS. STEFFAN-Okay. Thank you.
MR. VOLLARO-On the site plan condition, I would also like to put a comment in there, if we
get to that, that prior to issuing a building permit against this site plan, that the position of the
houses be determined, and then the soil borings be done. So when you know where you’re
going to put it, where the optimum position to put it is, then you do your soil borings.
MR. STEVES-Certainly.
MR. VOLLARO-If they don’t work, you find another place to put the house, but I’d like to have
those words on the site plan as well as on the subdivision, in both areas. I think it’s a serious
concern, based on the history of this property, that that be done and done correctly. So, having
said that, I’m going to move forward with the site plan.
MRS. STEFFAN-One other thought. Do the boring holes need to be witnessed by our engineer,
C.T. Male?
MR. VOLLARO-I would like them to be, and I think that’s something that we can put on as a
condition, certainly, on the borings, because of course when the borings are done, see, the
interesting part of this is when they decide to build a house, maybe 10 years from now, C.T.
Male may be gone, you and I may not be here, that Staff may disappear, and somebody else has
got to grapple with the paper, to determine what has to be done, and that’s a concern of mine,
and we can go from there, ladies and gentlemen, and take a look at the site plan. I, personally,
am not comfortable with this route, but I think the will of the Board has spoken, and we’ll go
forward.
MR. STEVES-It doesn’t make a lot of difference to us. I mean, I’m backing up, again, to say that
I was asked by Staff to go through site plan prior to going through subdivision.
MR. VOLLARO-I’m surprised that our Staff doesn’t, I haven’t seen any strong nods there that
said absolutely, that’s what Craig Brown said. I’m staring over there to try to see whether I’ve
got any comments from Staff, and I don’t have any.
MR. BAKER-We can’t speak for Craig.
MR. SANFORD-Bob, just a quick question. Do you really know what you’re going to be
building at this point in time? No. So what kind of a site plan review are we doing?
MR. STEVES-Wait a minute. Back up. The site plan has, look at the lot, has no buildings. All
the site plan is for is to stabilize the bank that is there, end of story.
MR. BAKER-That’s correct.
MS. RADNER-For grading.
MR. SANFORD-But, here we are engaging, already, in all of these what if’s. Where is the
building going to be put, that kind of stuff.
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(Queensbury Planning Board 05/10/05)
MR. STEVES-I’ll tell you what. We can pull this whole thing off, we can leave the site just the
way it is.
AUDIENCE MEMBER-We want it cleaned up. Clean it up. There’s a good start. Not use a
word like fill. Clean it up.
MR. VOLLARO-You’re going to get your chance. There’ll be a public hearing.
MR. SANFORD-Again, you know, I don’t know, if they don’t know where they’re going to be
putting a house for sure, to me at least, the site plan review is problematic. That’s my point,
but, you know.
MR. SEGULJIC-But once again, the site plan is to get the site graded, to get it filled.
MR. SANFORD-Yes, but that has to pass some tests to make sure that it’s stable enough, and
that’s part of the subdivision evaluation. Right? And so, my question is, why aren’t we just
dealing with strictly the subdivision? It seems like Mr. Brown, who isn’t here, is the one who
feels strongly about this, and I have yet to get an idea as to why he feels so strongly about this.
He’s not here. All right. That’s all. I don’t want to be argumentative. I just don’t understand
why he feels strong about this.
MR. STEVES-Well, does this Board feel more comfortable having the soil tests done, or borings
done, and not having anything to do with site plan, just deal with all this in the subdivision?
MR. VOLLARO-The only thing we’re going to be dealing with here in the site plan review, as I
understand, correct me if I’m wrong, Board members, but is grading. Am I correct?
MR. HUNSINGER-That’s my understanding, and, Richard, I only offered that because the
applicants made the suggestion. I’m just trying to find a way to move forward, again, and work
with the applicant and make the neighbors happy.
MR. SANFORD-I’m not really against it. I just don’t understand where Mr. Brown’s coming
from.
MS. RADNER-A little bit of insight, based upon my past information with this site, this site was
used as a landfill, and there has been New York State DEC involvement. There’s concern about
where the limits of the landfill are. There’s concern that because of the way things were
dumped on that site, right now you have an unstable condition. You’ve got slopes that exceed
what would be allowed for any sort of a subdivision. The applicant wants to proceed with now
grading and fill, but is not allowed to do so absent review by this Board because of the amount
of fill that’s required in order to get to a point of stability and level. So, the reason why Mr.
Brown is encouraging you to move forward on the site plan is solely so that you can take a look
at those grading, fill issues so that this area can be stabilized, and again, I think it’s very
important that the applicant know that they have not gotten approval, by your approving a
grading site plan. You have not approved the location of any building
MR. STEVES-Or subdivision.
MS. RADNER-Or subdivision. What they would have at this point would be one lot, which
they could use consistent with the zoning for that lot only. They face the risk that zoning will
change, that the Town’s regulations will change, etc. The reason Craig Brown is encouraging
you to move forward on site plan is merely so these fill issues can be addressed and so that the
material that’s going to compost and disappear and collapse can be removed, and real fill, stable
fill put in in its place.
MR. SANFORD-I just assumed that that would have to happen under any set of circumstances.
20
(Queensbury Planning Board 05/10/05)
MS. RADNER-But our Code says that they can’t put in the kind of fill that would be required
without this Board’s approval and review of what they’re doing and where and what the slopes
are going to be, etc. Does that make sense?
MR. SANFORD-Yes, more sense. Yes. Okay. I’m with you.
MR. GOETZ-That was a good explanation, and doing it that way could also be helpful for the
neighbors. Is that correct?
MS. RADNER-I would hope so.
MR. GOETZ-Yes.
MR. STEVES-That’s correct, and that’s what we’d like to do.
MR. SANFORD-All right.
MR. VOLLARO-Okay. There’s another thing that’s interesting here, the comment that the areas
of fill be identified on, I think this is part of, I don’t know whether this is Dave Hatin’s part or
not.
MS. RADNER-That’s, again, part of what was dumped there and when, and figuring out where
we have materials that are going to breakdown and compost, versus materials that are stable in
time.
MR. VOLLARO-Yes. We want a note, I guess, that areas of fill be identified on the plat, and a
note added to the plat indicating that this site was previously used as a land clearing debris
landfill. I think that’s a comment that comes out of Staff notes. I believe that’s a Staff note
comment.
MR. STEVES-Right. You want that placed on after we do this grading from the site plan, and
put it on that site plan, and then bring it back in with those notes, also, on the proposed
subdivision when we come back in?
MR. VOLLARO-Yes. I think the subdivision and the site plan have to have very similar
comments on them in order to keep the glue into this thing. Otherwise, we’re going to lose it.
MR. STEVES-Absolutely.
MR. VOLLARO-You know, I can see that happening in time. So, if it merely is a matter of
approving the grading plan on this, does C.T. Male’s comments talk to the grading plan on the
site plan itself?
MR. STEVES-Yes.
MR. VOLLARO-They do?
MR. STEVES-Yes.
MR. VOLLARO-Okay. I have to take a look at their letter.
MR. STEVES-That’s exactly what their comment letter talks about is the grading, the
stabilization, the netting, the erosion control silt fence below that area. Everything they’re
talking about is dealing with the site plan.
MR. VOLLARO-Okay.
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(Queensbury Planning Board 05/10/05)
MR. STEVES-Because once the site plan is complete, it’s just the division of a line on the map for
the subdivision.
MR. VOLLARO-Remember what I said, as far as C.T. Male signoff is concerned, they have three
letters they have submitted. One is January 18, March 8, and May 6. The January 18 and
thththth
the March 8 memorandums are voluminous. They’ve got a lot of data in them, and I want to
th
make sure that both engineers, because they were done by different people. One was done by
Mr. Houston. One was done by Mr. Edwards, and I’d like to make sure they’re holding hands
on the signoff. Because when I look at the.
MR. STEVES-Yes. We had all three in front of us today when we were reviewing this back and
forth with C.T. Male. Understood.
MR. VOLLARO-Okay. You understand what I’m saying.
MR. STEVES-Yes.
MR. VOLLARO-Okay. With that, we can move forward with the site plan only, in order to get
your, then when we get to subdivision, we’ll talk about the rest of it.
MR. STEVES-Correct.
MR. VOLLARO-Okay. So, there is a SEQRA associated with this, and it’s a Long Form SEQRA,
I believe.
MR. SANFORD-I think we have a public hearing, too.
MR. VOLLARO-And we have a public hearing, yes. I just want to ask a question. Are we
getting into segmentation in any way here, on the SEQRA form? Can anybody give me an
answer on that, whether we would or would not be getting into segmentation on SEQRA by
essentially splitting this application?
MS. RADNER-Well, your SEQRA form has already been completed, with the hope and
expectation that they would get the subdivision. So they’ve already addressed the potential
build out issues. So I don’t think you are facing segmentation issues by moving forward on the
SEQRA tonight, for the site plan review, and nothing would prevent you from revisiting
SEQRA issues and doing SEQRA again, when it came to the subdivision, and I would
recommend that you do that.
MR. VOLLARO-Okay. That makes sense, Cathi. We’ll do it that way. Okay. I’ve looked at the
clearing plan, and I understand what you’re doing there, and, based on C.T. Male’s comments,
it seems to look okay. So I would go along with approving, you know, my own, one seat, one
vote, one particular approach on this would be to approve the site plan, unless you want to
make a lot of discussion about the filling and the grading.
MR. BAKER-Mr. Chairman, excuse me. Just a comment. You just remarked that you felt this
was looking all right by C.T. Male. C.T. Male did get a chance to review the notes dated today,
actually, from Nace Engineering, and phoned in comments to George Hilton.
MR. VOLLARO-Today?
MR. BAKER-Yes, today.
MR. VOLLARO-Do we have those comments in our packet? We don’t have them in our
packets.
MR. BAKER-No, you don’t have them in your packets. They were noted in a notes from a
conversation George Hilton had with Jim Edwards. Jim commented that the Nace response was
22
(Queensbury Planning Board 05/10/05)
based on what had been submitted today, and didn’t include any review of test pits or
whatever the Planning Board may ask for this evening. So I wanted to make sure the Board was
aware of that.
MR. VOLLARO-That probably would go along, if we go on our present path, the path we’re
going down now, of approving the site plan for just the grading portion of it, and annotate a
condition properly, with the proper conditions, that piece of information would supplement the
C.T. Male, the three letters that C.T. Male has already put in. I would think. When we get to
subdivision.
MR. STEVES-Right. That would be more of a subdivision.
MR. VOLLARO-Yes, that’s a subdivision issue.
MR. SANFORD-Well, let’s get public hearing out of the way, and then.
MR. SEGULJIC-Could I ask a quick question?
MR. VOLLARO-Sure.
MR. SEGULJIC-In regards to the extent of this proposed capping, shall we call it. Have you
defined the limits of the landfill?
MR. STEVES-Yes. We have two different plans there we gave to you, which was the pre-
existing condition plan that we had to show the topography back in I believe 1989, and then you
go to what we’re proposing now and you can see the change. Most of the fill took place beyond
about 65, 70 feet from the road. There was a small swale that came up, I believe, on Lot One,
that was filled in there, and now what it is is stabilization of the bank from the fill that has been
placed over the last 10 or 12 years.
MR. SEGULJIC-So you have defined the limits of the landfill?
MR. STEVES-Yes.
MR. SEGULJIC-So you’re saying it’s on one of the drawings, then?
MR. STEVES-We can definitely outline it better for you than just comparing the two contours,
yes.
MR. VOLLARO-I think what’s going to happen here, Tom, prior to the final signature of the
plat, proof of compliance with the DEC letter, which was rather in-depth, if you read that, it was
dated 4/04, that’s got to be submitted to Staff for review. In other words, I want to make sure
that the final signature, signoff from DEC is complete. One of the things they talked about was
the area of the fill, DEC did. It’s a fairly in-depth letter, and I want to make sure that they have
a complete signoff on this plat. So, I think where we stand now, we can go forward on the site
plan, we can go forward based on C.T. Male’s review of the grading, do that, condition the
approval of that specific thing on the site plan. We may get another look at the site plan at
another time as well. I’m not sure if it may come back. So that’s my view. If the rest of the
Board has any comments, I’ll hear them now.
MR. SEGULJIC-I think we’re ready for public comment.
MR. VOLLARO-Okay. If we’re ready, I will open the public hearing, and I’d like the public to
come up. I know there’s a couple of responses from the public here.
PUBLIC HEARING OPEN
MATT SUDERS
23
(Queensbury Planning Board 05/10/05)
MR. SUDERS-Good evening. My name’s Matt Suders. I live at 42 Eagan Road, which is right
across the street from this proposed site. First off, I’d like to apologize for shouting out. This
has been very difficult the last seven or eight years living next to this mess.
MR. VOLLARO-It’s a human thing to do.
MR. SUDERS-I want to first bring up, you mentioned the DEC signoff letter. The last meeting,
if I’m not mistaken, they were supposed to have that tonight, something from DEC.
MR. VOLLARO-They were, but, prior to the final signature of the plat, we need proof. The plat
will have to state that there’s proof of compliance with that letter.
MR. SUDERS-All right.
MR. VOLLARO-Normally I would ask, because this has gone on as long as it has, it might be
nice if we had the DEC letter, I agree, but I’m trying to move forward with our applications.
I’ve been accused, I suppose, of taking too long, doing too much study, taking a look at the
prints too long, fine. So I’m trying to move it along the best I know how.
MR. SUDERS-I can make it relatively easy. If all of you would like to come over to my house
for a cup of coffee, my raised ranch, and get a good view of what’s.
MR. SANFORD-We’ve been to the site.
MR. VOLLARO-We’ve been there. We know what the situation is.
MR. SUDERS-My concern, obviously from DEC is, once again, what we’ve looked into, the only
thing DEC has pertaining to that site was the confirming his registering that site as a registered
facility and not a permit, and it stated there was various requirements within Part 360 of the
DEC Code that he would have to abide by. I printed out the entire Code. The first thing I want
to take exception with is Mr. Steves, in respect to Mr. Steves. At the last meeting, he made a
comment that I bought my lot and built my home after that was a dumpsite, and it was almost a
buyer beware type of thing, like we should have known. Well, DEC requires that that should
have been posted, and it should have been fenced in. It should have been posted with hours of
operation, what type of fill was dumped there. There’s yearly reports that have to be filed by
Mr. Threw. I’m quite certain none of that was done, and my concern is this has been an
unauthorized landfill for a number of years. Because no one has shown any proof otherwise,
and I can attest for myself and all my other neighbors that built our homes down there, they
would certainly not build a home next to a landfill, but once again, like I said at the previous
meeting, when we built our homes there, there was nothing there but overgrowth and brush
and a ravine and the Hudson River. There was no signs of tires and hot water tanks and
buildings or whatever else is down into the ravine. Unfortunately today what I’m still looking
at is piles of blacktop from the Hospital project, now that the winter’s gone and the snow’s
melted. My concern is, obviously, like I’ve shouted out, I want that site cleaned up, and I feel
giving him permission to fill or grade or stabilize or however he wants to call it, I think, I mean,
obviously this Board is taking baby steps, I think, and I think they’re cautiously taking baby
steps. Unfortunately, I believe the applicant hasn’t shown a positive track record of complying
at all, and I think a good, you know, why not stipulate that one day, a top loader, one day can
take those piles of blacktop out of there, can skim off the top of all that visual mess, without
getting into what’s underneath everything, and it would be a good start to pleasing all the
neighbors, because we won’t have to look at it, you know.
MR. VOLLARO-That’s part of, I think, what we’re talking about in a grading plan, to grade it
off, so that it’s suitable for a home site.
MR. SUDERS-Because, you know, who is going to police, you know, I brought up at the last
meeting, again, for years they were telling us they were going to build homes someday for their
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(Queensbury Planning Board 05/10/05)
kids, and then one summer Mr. Threw, the father, was over there removing topsoil. He had an
excavator. It started off, it was on ground level. You could see it from the road, but by the time
he was done, it was below ground level, because he mined the entire ravine, half of the ravine,
and he made piles of topsoil, sifted it with a sifter on site, and sold it on site. Now, you know,
like I told you before, that was when I had had it. That was when I was convinced, if you’re
filling a ravine, backfilling it, to build on it someday, why would you remove, you know, you
made a comment to what is good soil. He removed all the good soil, and he sold it. Now this
street is zoned residential and waterfront residential. It’s not zoned commercial. I’ve had seven
or eight years of nothing but commercial work done on there, and I’m just afraid that it’s going
to continue. That’s what’s going to happen. I mean, how do we know he’s not going to be
bringing, dump, you know, not just dirt, but gravel or whatever else from other work sites and
once again, you know, he mentioned they might build in ten years, they might not. My belief is,
the guise that you’re going to build someday is just an excuse to continue dumping for free,
because you’re charging people to remove it, and you’re probably charging them to dump it,
but you’re dumping it for free on your own property, at the expense of all these neighbors. Mr.
Threw was before the Board a few months ago, and he wanted to open up a truck repair
business out of his father’s business, and he said, it’s in the minutes, he said right in front of the
Board, that he already is operating it, and you guys denied him permission to operate it, and I
don’t go on Mr. Threw’s property. I don’t trespass, but I have a pretty good suspicion that he’s
operating it anyway. So, you know, in my mind, what I see every day is whatever this Board
tells him he’s just going to do it anyway, regardless, and my concern, again, is who do we call?
It’s taken this much process to get to where we are right now. Who’s going to police it? Who’s
going to police the site?
MR. VOLLARO-Hold on for just a second. Can I ask Stu that we have Bruce take a look at this
to make sure that everything is in compliance out there with respect to our last decision to deny
the operation of that truck repair facility? Would you put that, a note down for me.
MR. BAKER-Yes.
MR. STEVES-That was in a different location.
MR. VOLLARO-That’s okay. I mean, it’s information to the Board, and I think the Board’s
entitled to accept that information.
MR. SUDERS-We know what’s behind Big Bay Road. We know the mess that’s back there. We
want a solution to our problem, because, I mean, unfortunately, you know, I don’t know how
much longer I’m going to keep looking at this mess, that I can’t avoid it. I can’t shut my blinds.
I can’t go for road trips, and, you know what, I can’t sell my house, either. I’m stuck. We’re all
stuck.
MR. VOLLARO-Well, we’ve got the New York DEC letter and it says when completed with the
cap construction activities, and he’s got, keep in mind that you need to complete cap
construction of the landfill within 180 days of this letter. When you are completed with cap
construction activities, please notified me, and me is David Pleasant, Environmental Engineer
for the New York State Department of Environmental Conservation. Please notify me so I can
conduct a final inspection. So I have to rely that when he comes there, he sees a sufficient cap
situation, and that it stays that way, and I think we have somebody on Staff that can go out to
make sure that after the capping is done and DEC walks away, that I don’t have truckloads of
Number Two Stone, Number Three Stone whatever being piled up there.
MR. SUDERS-Do we know why it was never posted?
MR. VOLLARO-I personally have no idea.
MR. SUDERS-Well, unfortunately the history is still there. I understand that, but what you’re
talking about is, Mr. Steves’ comments was recent history, and those kind of comments are only
going to foster, possibly a lawsuit by saying something like that, and I don’t believe in, I don’t
25
(Queensbury Planning Board 05/10/05)
think that’s the answer, but to be so flippant and imply that we should have known, looking at
growth that is no different than outside this window, and we should have known that was a
landfill? How were any of us going to know that was a landfill? I saw the Hudson River.
Now, you know, lastly, you know, I would just like to add, you said you guys were concerned
with determining what is buildable land. I went on your website, and the Town of Queensbury
paid, I’m guessing, a lot of money. They just completed a plan. I don’t know the name of it.
It’s where you basically broke the whole Town down into, there’s a map of it on there, and I had
it printed out, but I don’t have it tonight, but it mapped the entire Town, basically, onto what is
buildable land and what is not.
MR. VOLLARO-It’s probably the GIS map.
MRS. STEFFAN-The build out study.
MR. SUDERS-Okay. Well, that, this property in question is all mapped out as landfill and not
buildable land. So why, if you were to go off the study that you paid for, it’s not suitable for
building on it. Just go off your own map. I’d like to close my comments.
MR. VOLLARO-That’s an interesting comment.
MR. SUDERS-Thank you very much.
MR. VOLLARO-Does Staff recognize that comment? In other words, do we know what the
applicant is talking about in terms of a map?
MR. BAKER-Yes. I would just point out, for the Board and for the gentleman who just spoke,
that the maps included in the build out study are not in and of themselves Town Code. They
were study maps based on assumptions made as part of the study as to what’s buildable and
what isn’t, and aren’t necessarily a representation of what’s allowed under zoning and other
relevant Town Codes.
MR. VOLLARO-I guess my fundamental question is, were they done by our GIS, yes or no?
MR. BAKER-No, that was done by the consultants.
MR. VOLLARO-Okay.
MR. SEGULJIC-Stu, could I ask you a quick question? If I recall correctly, there was a letter, I
can’t find it in my package tonight, that the applicant withdrew their registration to use the site
as a landfill, or am I imagining things?
MR. BAKER-That the applicant did what?
MR. VOLLARO-No, it doesn’t say that. If you read the DEC letter.
MR. SEGULJIC-I believe, at the last meeting, we requested that, and I thought there was a letter
in the packet, but I can’t find it.
MR. STEVES-Correct. I can read it for you.
MR. VOLLARO-Go ahead, Matt.
MR. STEVES-This is the letter you requested that DEC say that it cease and desisted, and it said
that this was a letter that Jeff Threw wrote there and said, I have reviewed your March 28, 2005
letter to me regarding.
MR. VOLLARO-I have that in front of me, Matt.
26
(Queensbury Planning Board 05/10/05)
MR. STEVES-Your land clearing debris. You wrote, requested I modify the facility status from
Active to Inactive, since you are closing this facility, and you wanted confirmation that we had
DEC saying that it was no longer going to be an Active, and we asked for them that we wanted
to close it. They’ve looked at our capping plan that we have proposed to you with the grading,
and they say, make sure you comply with this stuff. That’s what we’re trying to do, and one
comment from Mr. Suder, I understand what he’s looking at, but understand what we are not
allowed to touch that site until we get okay from this Board.
MR. VOLLARO-Do you understand, and I don’t know what that is, but Part 37.2 (C)(3)(4), you
understand what that requirement is?
MR. STEVES-Yes.
MR. VOLLARO-And that all goes with capping the construction.
MR. STEVES-That’s correct.
MR. VOLLARO-Okay, and, you know, what I want to do is I want to make sure that we have a
final inspection by DEC on that, and an approval. Now, that doesn’t go with the site plan.
Again, this goes into the subdivision, all of these things, and I think what Counsel said is by
going forward with the site plan, you go at your own risk, assuming an approval of subdivision
by this Board.
MR. STEVES-Correct.
MR. VOLLARO-Okay. As long as that’s on the record, I just want to make sure.
MR. STEVES-Understand, the neighbor’s main concerns here, unless I’m mistaken, is that they
want that site cleaned up.
MR. VOLLARO-That’s correct. It sounds that way.
MR. STEVES-We are not allowed to touch that site until we have approval from this Board. We
can’t.
MR. VOLLARO-I understand that.
MR. STEVES-So we’re in a Catch-22 as well.
MR. SEGULJIC-Do you need to, you don’t need to submit your capping plan to the DEC for a
approval, though?
MR. STEVES-No, we have to just cap it in compliance with their.
MR. SEGULJIC-And then they’re going to, according to this, it looks like they’re going to come
out after and inspect.
MR. STEVES-Absolutely. That’s a requirement of DEC.
MR. VOLLARO-Well, I think, I wouldn’t say that real quick, Tom. I think what they’re saying,
you must meet the capping requirements contained in Part 367.2(C)(3)(4). We don’t know what
that is, but they’ve laid down a set of conditions for capping.
MR. SEGULJIC-It’s attached to the letter.
MR. VOLLARO-Yes.
27
(Queensbury Planning Board 05/10/05)
MR. METIVIER-Bob, we still have a public hearing open, and there is somebody else that would
like to speak, I believe.
MR. VOLLARO-Okay. Is there somebody else that would like to talk to this application?
PAUL FRITSCH
MR. FRITSCH-My name is Paul Fritsch. I live at 59 Eagan Road, and I really don’t know where
to start, because I’ve been in on this thing since before it started. My house was the only one
there, and, needless to say, if we knew this was going to happen, we wouldn’t have built there,
but anyway, Mr. Sanford, you raise some good points about what’s under there. If you need a
stack of bibles for me to swear on, you’re not going to believe what’s in there. First of all, it was
never approved by the Town of Queensbury. It was approved by ECON, but Mike Brandt and
three other supervisors promised me it would never be approved by the Town of Queensbury,
and they went ahead and they filled it in anyway, and then the Town tried to work with them
as best as could be done, tried to keep from putting stuff in there that they weren’t supposed to
put in there, but they covered it up so fast, they couldn’t find out, until Dave Hatin caught Mr.
William Threw red handed dumping a building in there, which he took down from next to
Steve’s restaurant. Now, he made Mr. Threw take a track hoe over there and dig the building
back out, and believe me, there was much more than that in there. I’ve got a letter here that’s in
the Town record from one of the neighbors who saw the stainless steel tanks, refrigerators and
washing machines and other things that are in there. Okay. We finished our house in 1990,
October. In November we had a terrible storm which took down about 300 pine trees in the
Town of Queensbury. Does anybody remember that? I work for the Highway Department, and
we’ve got an awful lot of overtime there trying to clean up that mess. Well about 80 loads of
those pine trees went in that ravine. One afternoon we heard some cracking noises. My wife
and I looked out of the house, and we see a loader pushing the trees down, and that’s when the
whole thing started, and after that, Adirondack Tree Surgeons road in about 75 loads of trees
and dumped them in there, and someone complained to the Town, and it wasn’t me, but at that
time, I forget, I think it was Mr. Parisi or somebody, anyway, you know, I don’t have anything
written down or somebody to swear to it, but at that time they said Mr. Threw told him he
didn’t know who was dumping there.
MR. VOLLARO-Well, if he didn’t know, then they were trespassing on his land.
MR. FRITSCH-Yes, well, then why did he push the trees down with the loader so they could
dump the trucks? And I saw them do that, and I ID’ed them, you know, it was Jeffrey Threw in
the loader. So that’s what started it, and it just went on and on, mostly wood. There’s more
wood and wood products than there is actually viable fill, and when they got about a third of
the way through it, they took a dozer down in there and they cleaved it, because now you’ve
got to remember, there’s water in there, even though some of the paperwork says there’s no
groundwater, from DEC. That’s not true, because the water comes out on my property. The
Town Board, at that time, came down and looked at that, and that was Mike Brandt, Pliney
Tucker, I think Hildegard Mann was there, too. I know she was on the Board, and when they
cleaved that out with the dozer, the angle was so great that they were working with the dozer,
they couldn’t get the dozer out. It took them about three days to get it out of there. Then they
put a plastic pipe down in there, and so the water would run through the pipe and come out the
other end towards the river. So underneath that huge mess, you’ve got a plastic pipe with a
water supply. Would you put your house on that.
MR. VOLLARO-Not I, sir, no.
MR. FRITSCH-Okay. The springs, they’re called the Fritsch Springs, they’re my springs, Cathi,
Ms. Radner, said something about it being operated as a landfill. If it was, it wasn’t, it couldn’t
be because according to this document here my springs had to be checked every year for
contaminants. This is the original, William Threw, this isn’t going to go on the easel because it
staples on the side, but if you’d like to look at it, I could pass it around. It’s the original dump
with the setbacks and everything. The setbacks on my property line don’t exist anymore.
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(Queensbury Planning Board 05/10/05)
They’ve encroached on my property line with the fill, and I’d like to get it removed, but you’re
welcome to copy this. I don’t have anything big enough to copy that. You should have that in
the record, Town record somewhere, and, you know, as these Supervisors, in succession, ran for
election, they came over and they looked at the mess and they promised to do something about
it but they couldn’t get anywhere either. You really need Staff here. I asked Dave Hatin if he
could make the meeting, and he said he had other commitments, but David and I probably
know more than anybody what’s in there, and I don’t think it’s anything that’s buildable on at
all. It’s a joke, and I think you’re getting into an area here that you might regret, and you’ve got
to remember, that’s, the water under there is going right across my property into the Hudson
River. That’s a freshwater tributary. I don’t know what would happen over the years. I don’t
know. Maybe it would stay stable or, it’s not, I don’t think anybody’s going to make Bill or
Jeffrey take it back out of there, because I imagine it would cost them somewhere in the vicinity
of about $250,000 to $350,000 to remove all that stuff, and when they start digging sewers
they’re going to be awfully embarrassed, especially if the Town is there watching. If you have
any questions that I can help you with, otherwise, I could sit here for an hour and tell you more,
and I know everybody wants to go home, but it’s a real mess, and I really think, I like that
you’ve been taking these baby steps, as Matt called them. Otherwise, I might have been too
late.
MR. SANFORD-What I’m picking up here, from your comments as well as the previous
speaker’s comments, is that you’re questioning the intent of the applicant to seriously want to
fill this for building lots, and as I understand this, they’ve been basically, to some degree,
they’ve been put on hold, and in order to proceed with filling, they need to come in front of us
and get some form of an approval, and yet if what you’re saying is true, it may not be all that
likely that someday they’re going to be actually putting residential homes here, because, in your
own words, it’s not a suitable site for residential homes, because the fill that has been
previously placed there is going to break down and create an insecure foundation. Is that a
correct statement?
MR. FRITSCH-Yes, that’s basically it. I did sign the petition that went around and said that we
wanted it put back the way it was, but I’m not naïve enough to think that it’s ever going to
happen, because if you leave it alone, and try to dress it up and plant some trees or something
and forget about the houses in there, I still don’t know if the whole thing is going to collapse
some day, because there’s an awful lot of.
MR. SANFORD-Well, I mean, it seems to me if you bring in truckload after truckload after
truckload of pine, cover it up with dirt, after a while that pine’s going to break down, and all of
a sudden you’re not going to have integrity.
MR. FRITSCH-We have sinkholes all over Town, getting back to my other hat. We have to
repair them for the contractors years ago, the Highway Department has had to go and fix these
areas where the road has just collapsed on us. We’ve had to go in there and put proper Item
Four, things like that in there and restore the road in different developments.
MR. SANFORD-I hear your point. I’ve got your point.
MRS. STEFFAN-Mr. Fritsch, that pipe that you said that takes water runoff and then it feeds
into the river.
MR. FRITSCH-It’s a 15 inch black pipe it was.
MRS. STEFFAN-It’s a black pipe, okay, and that’s, we can see it. If we went there, we could see
that?
MR. FRITSCH-No. It’s way down at the bottom of the ravine, over towards my house, and all
that fill is on top of it, so that the water won’t create a whirlpool and start a sinkhole. So the
water’s being taken away, but if the pipe ever collapses or deteriorates, which it may or may
not, I mean, we’ve had them deteriorate with the Highway Department, plastic pipe does, will
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(Queensbury Planning Board 05/10/05)
break down. Then you have the water just running, and it’s only a matter of time before the
sinkhole develops, and that’s a pretty good flow of stream. This Board would actually have to
come down there and look. That’s why the Town Board went down there years ago to see how
much flow there was, and there’s quite a bit.
MRS. STEFFAN-Well, that’s what I was getting at, if I could see, you know, if I went there,
could I see the water?
MR. FRITSCH-There’s two streams, one comes from the area towards, right in front of Mr.
Suder’s, and then the other one with the pipe, has the pipe in it, joins it. I don’t know if you can
see the end of the pipe, because in order to do that you’d be trespassing. So I didn’t go down
there and look, but, you know, the water is plain to see. It comes out of that from underneath
all that and works its way down our property lines, Jeff and mine, and then it goes over across
my property and into the River.
MRS. STEFFAN-Okay.
MR. GOETZ-I was at the site today, and I totally understand your concerns. Where I’m having
a problem is trying to figure out how to best rectify the situation. If a site plan review results in
a landfill and that ravine being filled so it’s a better site, that’s going to be better for you. Now
what you’re saying is you don’t believe it’ll be done, and if that’s the case, and if we don’t take
the baby steps, what you’re suggesting, if we put a great big foot down on it, nothing might
happen.
MR. FRITSCH-If the Board has the power to make them take it back out, that would be real
nice, but otherwise, try to somehow cover it up with something suitable and plant some trees or
something like that.
MR. SANFORD-I would think science should be at an elevated level at this point in time, where
we could get some definitive answer as to a bunch of what if’s. In other words, what if
appropriate fill is put in now, will it be stable enough? And, I mean, if the answer is no because
there’s been so much unstable fill put in there already, that you’ve got a problem, then I think
moving forward is somewhat problematic from our point of view. I think we just need to have
the answers.
MR. SEGULJIC-(Lost words) of landfills is a routine matter. So as far as the stability of it, I
don’t have a concern with that. My concerns would lie in that fact that, have the extents of the
landfill been defined?
MR. FRITSCH-Okay, but you’ve got to remember, landfills don’t have stumps and wood in
them.
MR. SEGULJIC-You just wouldn’t build in that portion. One of my understandings, along the
road has not been filled. That grade doesn’t look like it’s been changed there. Most of your
activity has been in the back. By doing some borings, we’d be able to verify that.
MR. FRITSCH-Everything come in off of Eagan Road.
MR. SEGULJIC-Then it won’t be suitable for building, but we’re still left with the fact that we
have to get a cap to improve the site.
MR. FRITSCH-Yes. What he’s saying is, what if you put the cap on there, and then the stuff
underneath starts to work in about 40 or 50 years, and all of that slides into the Hudson River?
MR. SEGULJIC-That’s an engineering issue.
MR. FRITSCH-It’s not very far away from.
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(Queensbury Planning Board 05/10/05)
MR. SEGULJIC-But it’s an engineering issue, once again, that caps are.
MR. SANFORD-I think we should know, Tom.
MR. FRITSCH-It’s only about 350 feet from the River.
MR. SANFORD-So, I mean, again, I’m not sure.
MR. SEGULJIC-We have the Town Engineer. C.T. Male will have to approve their plans.
MR. SANFORD-Well, I guess what I’m saying is, in a worst case scenario, where it actually
doesn’t hold and it becomes unstable and goes down, then maybe what we should be doing is
looking at a corrective measure where they remove some of this, so that it does not happen,
rather than to give them the green light to proceed to cap it off, only to find out that five years
down the road it’s not stable, and again, I don’t know the extent of our jurisdiction or our
influence over this, but it seems like I certainly don’t have a enough information to feel
comfortable that his scenario won’t happen, that’s all.
MR. SEGULJIC-Anything’s possible, but if it’s engineered correctly, I don’t think that’ll be an
issue.
MR. SANFORD-Right, but there hasn’t been any appropriate actions taken in the past on what
makes you think it’s going to be changed in the future.
MR. SEGULJIC-That’s correct, but we’re still left with this, we need to do something about.
MR. FRITSCH-Some of the letters that were written to the Town Board from our neighbors, that
you should be able to find them, I think. I have copies of them, but that was their concern, too,
that the track record of the applicant isn’t.
MR. VOLLARO-One of the things that we’re faced with here is that we have three letters from
our engineering department that we need to have signed off on. I’m not sure, I’ll have to look.
I have them here and I have to study them in depth. This Board, and certain members of this
Board, primarily myself, have been accused of dabbling with engineering items, and that’s what
we’re doing tonight. We’re talking about landfill, whether it’ll hold over a period of time, after
the cap is over it, and these are all engineering issues that I particularly have been accused of
dabbling around in, see, and I’m really sensitive to that kind of thing. I’m getting very sensitive
to it. In any event, they’re important issues, and I realize that, and then we’ve got the DEC.
Now, looking at the DEC letter by Mr. Pleasant, I’m not sure where he is of the history of this
landfill. To him, I’m sure a bureaucrat sitting down and essentially writing a letter doesn’t, I
don’t know whether he ever got out and looked at this and understands the background
associated with this landfill.
MR. FRITSCH-Jerry Barris did.
MR. VOLLARO-He signs it, this is probably a standard letter with a standard attachment, and
the guy is just saying, do what we say here and fill it up and go by and when I come out I’ll look
at it and if it’s capped I’m going to sign off on it. So, what we’ve got to do is respect that. I
don’t know whether we’ve got the authority to look into the depth of this, because once we start
doing that, I think we’re circumventing our own engineering background and I want our
engineers to sign off on this. They’ve got three specific letters with a lot of information in it.
Now, I don’t know what else to do. See, we’re not empowered to do a lot of things on this
Board, other than approve or disapproved, based on how we feel, what the law says.
MR. FRITSCH-You got a letter from Dave Hatin, too, about the.
MR. VOLLARO-We got a letter from Dave, absolutely, and what the applicant is suggesting is
we do one simple thing tonight, and we’ve been on this now nearly an hour. We’re watching
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the clock. We do one simple thing. We approve the site plan for grading only. That’s the only
thing we’re going to approve. As the grading is shown on the site plan. Then he comes back
with a subdivision application, and that subdivision application is going to have to have
borings associated with it. I’m going to ask, at that time, that we do borings on the most likely
portions of the site and let the applicant tell us where that is, and so I really don’t know where
to go with this, other than to table this entire issue for discussions between C.T. Male and Staff,
and possibly myself and some of the people on the Board.
MR. SANFORD-Well, one thing, I mean, if C.T. Male, who’s not here tonight, but if, in fact,
they’ve digested the context of this discussion, and they were able to say, we’ve looked at this.
We feel it can be stabilized, and it won’t present a future problem, then I would be much more
inclined to go forward with the grading plan. I don’t have that sense of confidence that that’s,
in fact, what the situation is, Bob, and it’s something that we don’t have to dabble in. We could
basically table this and get better information in order to make a decision.
MR. VOLLARO-Well, see, I read all three C.T. Male letters, and the thing that I find is that Mr.
Houston did the first two, and Mr. Edwards did the last. I want to make sure they’re holding
hands, because there’s a lot of information in all of those three letters.
MR. SANFORD-Well, do they have the history of the site? Do they understand the
background? Do they understand what we’ve just been hearing tonight?
MR. VOLLARO-I don’t know.
MR. SANFORD-I mean, they might not know how many truckloads of trees, of pine trees were
dumped on there.
MR. FRITSCH-That was in the beginning. There’s a lot more wood products than that in there.
There’s stumps in there. The most recent was they brought some stumps in, around the same
time as the building went in there, and in the process of taking the building out, they took some
of the stumps back out of there, but that was near the top.
MR. SANFORD-My point is that if we don’t know this, didn’t know this, and C.T. Male didn’t
know this, how do they draw certain conclusions?
MR. FRITSCH-You can’t. You can’t possibly know. You have to find out from someone who
actually saw it, and then, there’s another area on the other side of.
MR. VOLLARO-Sir, I’d like to take a comment from the Staff for just a moment, please. Yes,
Stu?
MR. BAKER-The comments we received earlier today from C.T. Male were actually more
extensive than I indicated earlier. I didn’t read further on down into an e-mail from George to
the rest of the Planning Staff. The actual full comments from C.T. Male, and these were sent
today, based on the Nace Engineering comments that were also dated today, went as follows,
and again, I apologize for not noting this earlier. We just received responses from our
comments from Tom Nace. Our comments were minor and have been addressed adequately. If
an action is contemplated this evening, I would be fine with conditioning an approval upon our
signoff. I also would just like to point out for the public, and as a reminder to the Board, that
the Town is not, does not have the responsibility for enforcing State regulations, but we can
condition approvals upon proof of compliance with applicable State regs.
MR. VOLLARO-That’s fine. We’re sort of faced here tonight with a problem. If C.T. Male is
willing to signoff on their three letters, and I keep insisting that, because I didn’t see, we never
got a signoff on January 18 or March 8, and that was the voluminous portion of C.T. Male’s
thth
comments. The comments of May 6 were rather minor, and that’s my concern. You’ve got
th
three separate memorandum here from C.T. Male. If the signoff and say, we’re giving you a
signoff on all our comments of January 18, March 8 and May 6, I’m happy.
ththth
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(Queensbury Planning Board 05/10/05)
MR. BAKER-And again, to repeat, Jim Edwards wrote that he would be fine with conditioning
an approval upon C.T. Male signoff.
MR. VOLLARO-Okay. That’s fine, and, you know, I still think, look, the preponderance of the
problem on here is going to be with us approving the subdivision, and I think we’ve got to get
this off the dime tonight. We’re vacillating, and trying to understand it. I would like to move
forward with approving the site plan, with conditions, and we’re going to have to sit down and
write some, and then take a look at all of these things, when it comes back for subdivision
review. Things like soil borings. Things like having the DEC signoff eventually on this thing,
final inspection by DEC on signing off the cap and so on and so forth. That’s what I’m really
looking for.
MR. SEGULJIC-It sounds reasonable to me. One question I have. It’s a quick question. The
plans that the gentleman passed around indicated the entire area was a landfill, and it had final
grading plans on it, as well as gas venting and monitoring wells.
MR. STEVES-For the.
MR. SEGULJIC-The demolition landfill.
MR. STEVES-Actually, I believe the permit or license or whatever it’s called through DEC was
for a stump dump, a land clearing debris landfill, and I don’t know if the entire site, from that
plan I believe it was drawn up by Haanen Engineering, correct?
MR. SEGULJIC-Correct.
MR. STEVES-And I believe Tom Nace was with Haanen Engineering at the time, when he
developed that plan, and he is now the one reviewing this for the capping, and the grading of
our plan, and, by the way, Bob, all three letters have been discussed with C.T. Male, and I do
appreciate that, but we have discussed all three letters. As far as the entire site, yes. I don’t
know how much of that they have used. I don’t believe they ever completely used the entire
area that they were okayed with, with DEC. That’s the area, now, that we have, that DEC is
aware of, and we want to grade this off, clean it up, do the cap, you know, so that the neighbors
are worried that it’s going to continue to be a landfill of trees, stump dump, in other words, it’s
not. They want to grade it off, clean it up, and if it never becomes a subdivision, so be it, but at
least that way we can grade this thing off and it can be, you know, appealing to the eye for the
neighbors and for Mr. Threw, and for everybody else on that area.
MR. SEGULJIC-Okay. So essentially the entire site was proposed as the demolition landfill.
MR. STEVES-That’s correct.
MR. SEGULJIC-But only this portion was actually used.
MR. STEVES-That’s correct.
MR. SEGULJIC-Okay. What I think we have to do is approve the site plan for grading, and then
have C.T. Male signoff on DEC.
MR. STEVES-And again, as well, too, when you know, and we do this, you know, your
condition of having to standby the requirements of DEC, definitely, that’s a given. We have to
do that, and we have no problems with that.
MR. VOLLARO-When you come back with the subdivision, I’d like to see the final inspection
by DEC. I’d like to see that done.
MR. STEVES-Absolutely.
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(Queensbury Planning Board 05/10/05)
MR. VOLLARO-So they said this cap was done in accordance with all of the attachments that
are attached to this letter.
MR. STEVES-Absolutely.
MR. VOLLARO-Because one of the things talks about surface leachate investigation must be
performed. The objectives of this investigation, etc., etc. I want to make sure that happens. So
I’m going to make a decision that we go along with the site plan, we approve it as, approve only
the grading portion of the site plan, that’s all we’re going to approve, getting it capped, getting
it filled, getting DEC to signoff on them, getting C.T. Male to signoff on theirs, and then we’ve
done our job here. We can’t do much more than that. They’ll come back for subdivision. Then
we’ll ask them a lot, a lot of questions. He’s got to come back with the final inspection by DEC,
that’ll talk about borings, and see whether the site is actually buildable by the kind of things
that we’re going to ask for in the subdivision. So, that’s where I am. I think, Chris, you’re in
that spot. Tony’s in that spot. I know Tony doesn’t want to see this thing drag on any more
than it does. I don’t blame you. Let’s just go that route, okay.
MR. FRITSCH-Yes, because the way it is now.
MR. VOLLARO-Thank you very much for your time and your efforts on this thing.
MR. FRITSCH-All right. When the truck traffic and everything starts back in again, it’s
probably going to be an annoying factor for us because it’s been like a normal neighborhood for
a while. After 14 years of loaders and trucks and everything else. They were, like Mr. Suder
said, they were using it as an extension of their business, and they had screen there. Sometimes
two o’clock in the morning they’d screen the sand to sand the Mall, because they had a contract
with the Mall, and it would wake us up.
MR. VOLLARO-There’s an awful lot of circumstances associated with this. I mean, you could
have a regular court testimony here for days about this, I’m sure. We’ll try our best. We’ll do
what we’re going to do now to try to get it cleaned up so it’ll look good, and then when they
come back for subdivision review, we’re going to ask them a whole bunch of questions, and I
want to determine, at that time, is this site buildable, yes or no. That’s what I’ll do at that time,
if I’m here. I may not be here at that time.
MR. STEFFAN-Thank you, Mr. Fritsch.
MR. FRITSCH-Okay. Thank you. I’m glad to see that the Board is hard at work.
MR. VOLLARO-Thank you very much. Can we move forward, here, on this site plan?
MS. RADNER-Mr. Vollaro, your public hearing is still open.
MR. VOLLARO-I’m going to close the public hearing. Mr. Suder, we’ve spent a lot of time, we
know as much as we’re going to know.
MR. SUDER-I just wanted to add one comment, please. I waited many years to do it,
unfortunately, all right, and I just want to add that I’m assuming by doing this is the only way
to assure the cleaning begins.
MR. VOLLARO-That’s correct.
MR. SUDER-Okay, and someone’s going to police him.
MR. VOLLARO-I mentioned that I want Mr. Frank down there to look, and I think that it has to
have some oversight on that.
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MR. SUDER-Like hours of operation, stuff like that, what gets brought in, that type of stuff,
correct?
MR. VOLLARO-That’s part of the subdivision, in other words, this filling and clearing here is
going to be part of the site plan. They’re going to have to see that it’s done in accordance with
DEC’s capping requirements. Yes, there’s going to have to be some activity there. Otherwise
you can’t cap it.
MR. SUDER-I understand that, but what I’m saying is, if something’s happening that shouldn’t
be happening, who do we call? Do we wait for another meeting a month from now?
MS. RADNER-Call Mr. Hatin.
MR. SUDER-Okay. That’s all I wanted to know.
MRS. STEFFAN-Yes, Code Enforcement.
MR. VOLLARO-Call Dave Hatin. Say, Dave, you know, we went to the thing, we saw your
memo and so on, and this is what’s taking place.
MR. SUDER-I appreciate all your work. I realize you guys, this got dumped on you guys. This
has been happening for years and years.
MRS. STEFFAN-Thank you.
MR. VOLLARO-Okay. Are we preparing something here?
MR. HUNSINGER-I still have a question for the applicant. I’ve just got a quick question. In
order to achieve the grading that’s proposed, do you need to bring in anymore fill?
MR. STEVES-I don’t believe so. They’re just reworking what’s there. You’ll have some topsoil.
MR. HUNSINGER-And that would be the final?
MR. STEVES-Right.
MR. HUNSINGER-Okay.
MR. VOLLARO-Okay. I guess from here we have to do a SEQRA. It’s a Long Form.
MR. HUNSINGER-That’s what I thought. “Will the Proposed Action result in a physical
change to the project site?”
MR. VOLLARO-Yes.
MR. METIVIER-Yes.
MRS. STEFFAN-Yes.
MR. HUNSINGER-Examples, I guess that would be for construction on slopes of 15% or
greater?
MR. METIVIER-Yes.
MRS. STEFFAN-Yes.
MR. HUNSINGER-And is this a small to moderate, potentially large, or can the impact be
mitigated by project change?
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(Queensbury Planning Board 05/10/05)
MR. METIVIER-The project will be mitigated.
MR. VOLLARO-I think it can be mitigated with project change, but it’s not small to moderate. I
think it’s a potentially large impact.
MS. RADNER-Potentially large positive, or potentially large negative?
MR. METIVIER-Positive, it’s a good thing.
MR. VOLLARO-Potentially large positive impact. It doesn’t say positive.
MS. RADNER-I know on the form it doesn’t, but your job is to identify the potential negative
impacts.
MR. HUNSINGER-Exactly.
MS. RADNER-So if you’re identifying a positive impact, you can still have a negative
declaration.
MR. HUNSINGER-“Will proposed action affect any water body designated as protected?”
MR. METIVIER-I hope not.
MR. VOLLARO-I don’t think we got an answer to that.
MR. METIVIER-Well, I mean, we don’t know. We don’t know what’s going on in there, but
nobody has studied that, and I’m sure nobody will.
MR. HUNSINGER-Let me give you the examples. Developable area of site contains a protected
water body?
MR. VOLLARO-No.
MR. HUNSINGER-Dredging more than 100 cubic yards of material from channel of a protected
stream?
MR. METIVIER-No.
MR. HUNSINGER-Extension of utility distribution facilities through a protected water body?
MR. METIVIER-No.
MRS. STEFFAN-No.
MR. HUNSINGER-Construction in a designated freshwater or title wetland?
MR. METIVIER-No.
MR. HUNSINGER-And then any other impacts.
MR. METIVIER-None.
MR. VOLLARO-I would say, no.
MR. HUNSINGER-So the answer’s then no. “Will Proposed Action alter drainage flow or
patterns or surface water runoff?”
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(Queensbury Planning Board 05/10/05)
MR. METIVIER-Yes.
MR. HUNSINGER-And is the impact small to moderate, potentially large, and/or can it be
mitigated by project change?
MR. METIVIER-It should be mitigated by project change, on the positive side.
MR. HUNSINGER-It’s a positive impact. Okay. “Will there be objectionable odors, noise, or
vibration as a result of the proposed action?
MR. VOLLARO-Yes.
MR. HUNSINGER-Examples. Blasting within 1500 feet of a hospital, school, or other sensitive
facility? Odors will occur routinely more than an hour a day?
MR. METIVIER-No.
MR. HUNSINGER-Proposed action will produce operating noise exceeding the local ambient
noise levels for noise outside of structures?
MR. VOLLARO-We don’t have a Code for that, so they’ll tell you there’s no Code, and therefore
there’s no problem.
MR. HUNSINGER-Proposed action will remove natural barriers that would act as a noise
screen?
MR. VOLLARO-No, I don’t think so.
MRS. STEFFAN-That doesn’t apply.
MR. HUNSINGER-So what are we left with here? I can see your point that there could be
objectionable noise, odors or vibrations during construction, but it would be temporary.
MR. METIVIER-And mitigated through project change.
MR. HUNSINGER-Mitigated by project change.
MR. VOLLARO-So all of what they’re going to do is in a positive direction, as far as I’m
concerned.
MR. HUNSINGER-Okay. “Will the proposed action affect the character of the existing
neighborhood?”
MR. VOLLARO-Yes, I think it will make it better.
MR. HUNSINGER-“Is there or is there likely to be public controversy related to potential
adverse environmental impacts?”
MR. SEGULJIC-No.
MR. VOLLARO-Adverse environmental impacts, I would say no, but there are aesthetic
impacts that are of most concern here, but the answer to that is no, I believe.
RESOLUTION WHEN DETERMINATION OF NO SIGNIFICANCE IS MADE
RESOLUTION NO. 66-2004, Introduced by Chris Hunsinger who moved for its adoption,
seconded by Thomas Seguljic:
37
(Queensbury Planning Board 05/10/05)
WHEREAS, there is presently before the Planning Board an application for:
JEFFREY THREW, and
WHEREAS, this Planning Board has determined that the proposed project and Planning Board
action is subject to review under the State Environmental Quality Review Act,
NOW, THEREFORE, BE IT
RESOLVED:
1. No Federal agency appears to be involved.
2. The following agencies are involved:
NONE
3. The proposed action considered by this Board is Unlisted in the Department of
Environmental Conservation Regulations implementing the State Environmental
Quality Review Act and the regulations of the Town of Queensbury.
4. An Environmental Assessment Form has been completed by the applicant.
5. Having considered and thoroughly analyzed the relevant areas of environmental
concern and having considered the criteria for determining whether a project has a
significant environmental impact as the same is set forth in Section 617.11 of the Official
Compilation of Codes, Rules and Regulations for the State of New York, this Board finds
that the action about to be undertaken by this Board will have no significant
environmental effect and the Chairman of the Planning Board is hereby authorized to
execute and sign and file as may be necessary a statement of non-significance or a
negative declaration that may be required by law.
Duly adopted this 10 day of May, 2005, by the following vote:
th
AYES: Mr. Seguljic, Mrs. Steffan, Mr. Goetz, Mr. Sanford, Mr. Metivier, Mr. Hunsinger, Mr.
Vollaro
NOES: NONE
MR. VOLLARO-Okay. I think we want to entertain a motion now, and I think Mr. Hunsinger
has prepared some conditions associated with that motion.
MR. HUNSINGER-Yes.
MOTION TO APPROVE SITE PLAN NO. 66-2004 JEFFREY THREW, Introduced by Chris
Hunsinger who moved for its adoption, seconded by Richard Sanford:
WHEREAS, an application has been made to this Board for the following:
Site Plan No. 66-2004 Applicant/Property Owner: Jeffrey Threw
SEQR Type: Unlisted Agent: Van Dusen & Steves
Zone: WR-1A, SR-1A
Location: 25 Eagan Road
Applicant is seeking approval for site filling and grading associated with the future
construction of two single-family homes. Site Plan Review is required due to fill / grading that
has exceeded the requirements of Section 179-6-070.
Cross Reference: SUB 20-2004
Warren Co. Planning: 12/8/04
Tax Map No. 316.5-1-12.1
Lot size: 6.1 acres / Section: 179-4-020
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(Queensbury Planning Board 05/10/05)
Public Hearing: 12/28/04 Tabled, 3/15/05 Tabled, P H left open
WHEREAS, the application was received on 11/15/04; and
WHEREAS, the above is supported with the following documentation and inclusive of all
newly received information, not included in this listing as of 5/6/05, and
5/10/05 Staff Notes
5/10/05 CTM engineering comments
5/2/05 Notice of public hearing sent
5/2/05 Meeting notice sent
4/29/05 New information received
Undated Petition received
4/26/05 PB resolution: addition of special meeting
4/4/05 J. Threw from D. Mt. Pleasant, NYSDEC: Land clearing debris landfill
3/16/05 PB resolution: Tabled
3/15/05 Staff Notes
3/11/05 PB from G. Hilton: staff notes
3/11/05 Fax to Van Dusen & Steves: staff notes
3/8/05 CTM engineering comments
2/28/05 Meeting Notice
1/28/05 M/M Edwards from M. Ryba: response to letter dated 1/24/05
1/25/05 PB resolution: Tabled
1/20/05 PB from G. Hilton: Staff notes w/1-18-05 CTM Male eng. comments
12/28/04 PB minutes
12/22/04 PB from G. Hilton: Staff notes w/12-8-04 Warren Co. PB recommendation
11/15/04 Application submission w/maps
WHEREAS, pursuant to Art. 9 of the Zoning Ordinance of the Code of the Town of Queensbury
a public hearing was advertised and was held on December 28, 2004 and January 25, 2005,
March 15, 2005 and May 10, 2005, and
WHEREAS, the Planning Board has determined that the proposal complies with the Site Plan
application requirements of the Code of the Town Queensbury (Zoning); and
WHEREAS, the Planning Board has considered the environmental factors found in the Code of
the Town of Queensbury (Zoning); and
WHEREAS, the requirements of the State Environmental Quality Review Act have been
considered and the Planning Board has adopted a SEQRA Negative Declaration; and/or if
application is a modification, the requirements of the State Environmental Quality Review Act
have been considered; and the proposed modification(s) do not result in any new or
significantly different environmental impacts, and, therefore, no further SEQRA review is
necessary; and
WHEREAS, this approval does not relieve the applicant from obtaining all necessary permits
whether Federal, State or Local, and
NOW, THEREFORE, BE IT RESOLVED, that
We find the following: The application is hereby Approved in accordance with the resolution
prepared by Staff and is subject to the following conditions which shall be listed on the final
plans submitted to the Zoning Administrator:
1. The applicant obtain a final signoff from C.T. Male on the site plan,
2. That there is no explicit or implied assumption of approval by the Planning Board for
the pending subdivision plan 20-2004,
39
(Queensbury Planning Board 05/10/05)
3. The applicant shall not operate heavy machinery on the site during the week before
eight a.m. or after five p.m.; and on Saturdays it shall only be allowed from eight a.m.
until noon.
4. A copy of the required NOI to be provided prior to issuance of a Building Permit.
5. Proof of compliance with all NYSDEC requirements as described in the NYSDEC letter
of 4/4/05 shall be provided prior to signature of the final plat by the Planning Board
Chairman.
6. All areas of fill are to be identified on the plat and site plan; and a note shall be added to
the plat indicating that this site was used as a land clearing landfill.
Duly adopted this 10 day of May, 2005 by, the following vote:
th
MR. SEGULJIC-The only thing I would consider adding to that is a timeline as how long they
have to complete the capping.
MR. HUNSINGER-Well, he has 180 days, according to DEC.
MR. VOLLARO-Yes, right.
MR. SEGULJIC-But he had indicated they could do it in a month.
MR. HUNSINGER-And that’s already listed.
MR. STEVES-The grading they were doing, if there’s any changes that DEC wants, I can’t
guarantee that within a month. We’re going to do the grading plan on here, and then if they
say, okay, we’ve done a test here, we want a vent here, we want this, that might exceed past the
30, but we’ll definitely comply with both.
MR. VOLLARO-I think DEC’s put a time certain on this, and I think we have to live with the
DEC’s time certain and not try to condense that.
MR. SEGULJIC-Okay.
MR. VOLLARO-They’ve given us 180 days, and I’m satisfied with that.
MRS. STEFFAN-Are the boring holes part of the one through three?
MR. VOLLARO-The boring holes are going to be on the subdivision.
MRS. STEFFAN-Subdivision piece, okay.
AYES: Mr. Sanford, Mr. Metivier, Mr. Hunsinger, Mr. Seguljic, Mrs. Steffan, Mr. Goetz, Mr.
Vollaro
NOES: NONE
MR. VOLLARO-Okay, Matt, you’ve got it.
MR. STEVES-Thank you.
MR. VOLLARO-I’m going to ask that not only Mr. Hatin be notified if something’s going on
screwy there, but that Bruce Frank take a look at it once in a while.
40
(Queensbury Planning Board 05/10/05)
MR. STEVES-Mr. Threw, my client, Jeff Threw, just wants to clean this site up, and he hasn’t
been able to do anything with this. I don’t think any fill material’s been placed there in a while.
I think the neighbors can attest to that, but he can’t do anything with it until we get the okay
from here. So now at least we can get in there and get it cleaned up, and then if it’s buildable
down there in the future, it is. If it isn’t, it isn’t. Thank you.
SUBDIVISION NO. 20-2004 PRELIMINARY STAGE FINAL STAGE SEQR TYPE:
UNLISTED JEFFREY THREW AGENT: VAN DUSEN & STEVES ZONE: WR-1A, SR-1A
LOCATION: 25 EAGAN ROAD APPLICANT PROPOSES TO SUBDIVIDE A 6 +/- ACRE
PROPERTY INTO THREE (3) LOTS RANGING IN SIZE FROM 1 TO 3.92 ACRES. CROSS
REFERENCE: SP 66-04 TAX MAP NO. 316.5-1-12.1 LOT SIZE: 6.1 ACRES SECTION:
SUBDIVISION REGULATIONS
MATT STEVES, REPRESENTING APPLICANT, PRESENT
MR. HUNSINGER-So, I’m sorry, before you leave, what are we doing with the Subdivision?
MR. METIVIER-Tabling it, or withdrawing it?
MR. HUNSINGER-Is the applicant withdrawing it?
MR. STEVES-We’ve tabled it.
MR. VOLLARO-We haven’t tabled it yet, I haven’t tabled it.
MR. HUNSINGER-Okay.
MR. VOLLARO-I will.
MOTION TO TABLE SUBDIVISION NO. 20-2004 JEFFREY THREW, Introduced by Robert
Vollaro who moved for its adoption, seconded by Richard Sanford:
At no time certain, until such time as the applicant gets a DEC signoff on the capping of the
property, and at that time, once that signoff is done, we will reschedule the subdivision for
review.
Duly adopted this 10th day of May, 2005, by the following vote:
MR. BAKER-Mr. Chairman, is the public hearing being left open, or is it closed, on the
subdivision application?
MR. VOLLARO-On the subdivision application, I would like to leave it open, because I think
that that’s the lion’s share of this problem.
MR. SANFORD-I agree.
MR. BAKER-Counsel is just saying that we will want to re-advertise the hearing on the
subdivision.
MR. VOLLARO-Yes.
AYES: Mr. Sanford, Mr. Metivier, Mr. Hunsinger, Mr. Seguljic, Mrs. Steffan, Mr. Goetz, Mr.
Vollaro
NOES: NONE
MR. VOLLARO-Okay. That’s it.
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(Queensbury Planning Board 05/10/05)
MR. STEVES-Thank you.
MR. VOLLARO-You’re welcome.
NEW BUSINESS:
SUBDIVISION NO. 9-2005 PRELIMINARY STAGE FINAL STAGE SEQR TYPE
UNLISTED JEFFREY INGLEE AGENT: VAN DUSEN & STEVES ZONE: RR-5A
LOCATION: TUTHILL ROAD APPLICANT PROPOSES A LOT LINE ADJUSTMENT
AND SUBDIVISION OF 10.10 ACRES OF PROPERTY INTO TWO LOTS OF 5.09 AND 5.01
ACRES. CROSS REFERENCE: SB 15-2002 APA, CEA: APA TAX MAP NO. 300-1-40.2 LOT
SIZE: 5.09, 5.01 ACRES SECTION: SUBDIVISION REGS 183
JON LAPPER & MATT STEVES, REPRESENTING APPLICANT, PRESENT; JEFF INGLEE,
PRESENT
MR. LAPPER-For the record, Jon Lapper, Matt Steves, and Jeff Inglee. Previously, the applicant
was here seeking approval of, he’d been to the Zoning Board, and he was seeking to create two
lots out of his approximately eight and a half acre lot in a five acre zone, and the neighbors
voiced concern at that time that it wouldn’t meet the five acre minimum lot size. So what he’s
managed to do since then is to enter into an agreement with his neighbor so that he can
purchase the additional property, so that he would have the 10 acres, and these would both be
five acre lots, conforming in minimum lot size. The only thing that we’re aware of that’s any
issue here that was raised by the Staff is that the back of the site falls off beyond the 25%, which
is the same character as everything else on the east side of Tuthill Road. Most of the other lots
are smaller than the five acre lot, and they also have that slope issue in the back. That’s
nowhere near where the house would be constructed near the road, but I asked Matt to prepare
a map that he’ll go through with you, a tax map that’s marked up to show you that this is the
same as the character of the rest of the road and actually a larger parcel because they all have
the slope issue. So, with that, I’d like to just ask Matt to walk you through the subdivision
proposal, and also talk about the other lots in the neighborhood.
MR. STEVES-Good evening, again, Matt Steves. This is property on the east side of Tuthill
Road. It is currently Mr. Inglee’s house site, and he’s proposing to subdivide this into two lots,
as Jon has stated, the southerly lot being 5.10 acres. There’s a slight modification to the map
you have in front of you, by a one hundredth of an acre, because after discussions with George
Hilton of your Staff, we were lacking the average lot width on Lot One by about three tenths of
a foot. So we adjusted Lot One to have an average of the 200 feet, so that it complies with all
your zoning except, as Jon has stated, with the slope. So anyway, the southerly lot being 5.1
acres and the northerly of the two lots being his existing home site at 5.00 acres.
MRS. STEFFAN-Mr. Steves, can I stop you for a moment there?
MR. STEVES-Certainly.
MRS. STEFFAN-We have Lot Four and Lot Five.
MR. STEVES-Lot Four and Lot Five, the southerly lot being Lot Four.
MRS. STEFFAN-Okay. You said Lot One, and that didn’t correlate.
MR. STEVES-Sorry, Lot Four and Five.
MRS. STEFFAN-Okay. Thank you.
MR. VOLLARO-The existing house on Lot Five is Mr. Inglee’s present home?
MR. INGLEE-Yes, sir.
42
(Queensbury Planning Board 05/10/05)
MR. STEVES-That’s correct, and the area that he is acquiring is on the north end of Lot Five, of
approximately 1.47 acres to accomplish the 10 acres, and then subdivide the property into two
five acre lots, and as Jon has stated, if you go through the requirements of the zone, area of
slopes of 25% or greater, you remove that, as you can see in the back of the property, way, way
in the back on Lot Four, and basically the portion of the area that he’s acquiring from the
neighbor outside of his house site on Lot Five with the area with the steep slopes, as you can see
from about 300 feet, 250 feet to 300 feet from the road, back west to the road, it’s a fairly flat site
for the Tuthill area, and getting to that is this map that I will open up, discuss a little bit, and
pass around to the Board so you can see it. This is a USGS sheet with the tax map
superimposed on it, and our site in yellow. As you can see with the contours, in that area is one
of the flatter sites on that side. Any lot that you see with an X on it are lots that exist in there
that are within the five acre zone that are approximately five acres or less that do not have five
acres of usable ground if you take away the 25% slopes.
MR. VOLLARO-I was up at the property on Sunday. I parked there. I don’t know if you saw
me. I actually walked around a little bit. I don’t really have any objections to this site. You’re
in an area, in a hilly area, but you’ve got a flat spot there that looks like it’s suitable for a house,
and my opinion is, right off the top, to save a lot of time, I would, underneath Staff comments,
the applicant requests the following waivers. They only have stormwater management and
Sketch. You’re also asking a waiver for slopes in excess of 25%. Is that correct?
MR. STEVES-That’s correct.
MR. VOLLARO-Okay.
MR. BAKER-Actually, Mr. Chairman, the waiver is from the density requirement, not just
particularly slope.
MR. VOLLARO-I understand, but the density requirement comes from the 25% slope.
MR. BAKER-That’s correct.
MR. VOLLARO-I mean, that’s where it comes from.
MR. SANFORD-What’s the rationale, Bob, for not adhering to Town Code?
MR. VOLLARO-Well, the rationale, in my mind, is that all of the property in this area is pretty
hilly. Mr. Inglee has found a spot to put one additional house right up front next to Tuthill,
which I looked at myself and said, I looked at it and looked at it, and I said how bad would a
house be right here, in all this hilly country? He’s found a flat spot. I think, in my mind, he’s
entitled to the waiver on this. He’s meeting the Code of five acres. The site is just naturally
hilly to the east.
MR. SANFORD-Actually, Bob, I think it’s five acres if you don’t have 25% slopes. So it’s less
than five acres, and he’s asking for approval to build on less than five acres.
MS. RADNER-The Planning Board does have authority to grant a waiver of that specific relief.
MR. SANFORD-I’m not discussing that. I’m arguing with Mr. Vollaro on, he said he has the
five acres. I’m saying, technically, he doesn’t have the five acres.
MR. BAKER-No, I have to agree with the Chairman. They have the five acres, and their waiver
would be from the density requirement provision in the Sub regs.
MR. VOLLARO-I wouldn’t want to hold an applicant, you know, I see his comp on there. I
know we had some problems with him. I know how DEC ruled on the variance up that way,
and I understand. I’ve talked to Mr. Connelly extensively about his views of the Adirondacks,
43
(Queensbury Planning Board 05/10/05)
and I know what his views are about acreage, and I found out how he determines the 8.5. You
probably know how that’s done. Correct? So, based on that, Richard, I don’t often favor
waivers.
MR. SANFORD-Well, how does this materially differ from the application that was in front of
us before where we didn’t feel comfortable with it?
MR. METIVIER-Because he obtained the acreage necessary to get his five acres on either side,
which he did not have before.
MR. VOLLARO-He went to the ZBA before, you’re talking about the previous application. He
went to the ZBA for a variance on acreage, and it was approved. It went up to the APA and it
was disapproved, withdrawn, disapproved, whatever. They disapproved the variance by our
ZBA.
MR. SANFORD-I recall that.
MR. METIVIER-And now he doesn’t need a variance.
MR. VOLLARO-Now he doesn’t have to go before the ZBA. He’s got his five.
MR. SANFORD-He needs a density variance.
MR. VOLLARO-He needs a density variance.
MR. BAKER-It’s not a variance, it’s a waiver. It’s a density waiver.
MR. VOLLARO-You know, Dick, I don’t normally bend too easily on this, but having gone up
there and looked at the property.
MR. SANFORD-I just don’t understand how we can consistently apply the slope issue to future
applications if we don’t have a problem with this one. In other words, in any five acre parcel,
you’re likely to find a flat enough area to build a home. So I guess the question is, then, do we
ever care about having five acres that don’t have the slopes, I mean, five clean acres?
MR. LAPPER-I’ve got the simple answer to that. It’s just.
MR. VOLLARO-Wait a second. Let him finish and then you’ve got your piece.
MR. SANFORD-I guess, what’s your opinion on that?
MR. VOLLARO-My opinion on that is I think all these applications are kind of site specific, you
know, and I’m willing, on this particular site, when I park there, I happened to park on this
side, so that the site was on my right, and I looked on my left, and I saw Mr. Inglee’s property,
you know, kind of mountain goat stuff, to be honest with you. It’s steep, but all the properties
that I drove along on Tuthill, all have pretty steep slopes, except the ones that are on this east
side that have some building on them, and then it falls off very steeply in the back of that. I
mean, I’m adverse to building on steep slopes, no question, but I know it can be done. I mean,
anything can be done. Engineering wise, you can do anything, carve up a mountain in a couple
of days, and build houses on it. This happens to be a fairly flat spot, and I feel comfortable with
it.
MR. SEGULJIC-I know the application you’re speaking of. That was, I forget the number, that
was like 12 lots. This is only one.
MR. SANFORD-No, no, actually, that’s not what I’m referring to. I’m referring to Mr. Inglee
was in front of us before with a subdivision and they didn’t have the five acres in that case.
44
(Queensbury Planning Board 05/10/05)
MR. VOLLARO-They had to go before the ZBA and they had to.
MS. RADNER-Section A183-47 of the Code is what controls waivers, and what it reads is that
“Where the Planning Board finds, due to the special circumstances of a particular plat, that
meeting a certain requirement of these regulations is not requisite in the interest of the public
health, safety and general welfare, it may waive such requirement, subject to appropriate
conditions, provided that in no case shall any of the provisions of Article XI, Regional Projects
Within the Adirondack Park; be waived. In granting waivers, the Planning Board shall impose
such conditions and will substantially assume that the objectives of the standards or
requirements so waived are met.” So, to answer Mr. Sanford’s question, he doesn’t have to be
concerned that he’s now setting a standard that he has to excuse if you were to grant this, that
he has to excuse slopes in the future. It is site specific, and you’re considering whether or not it
is reasonable to waive it for this particular plat, for these particular circumstances.
MR. SANFORD-I trust you. Now, Mr. Vollaro, one other question and that will be it. I’m
directing it to you. The shape of this lot is certainly not, I mean, it has I guess you’d call it a flag
shape. Is that the way of putting it?
MR. VOLLARO-The shape of the proposed lot?
MR. SANFORD-Well, site.
MR. VOLLARO-The whole site. It’s got a slight implication of a flag lot by, I don’t know, 12 feet
maybe. I don’t know.
MR. BAKER-The original lot is essentially a reverse flag lot.
MR. METIVIER-And if you subdivide it, you’re actually taking the flag away.
MR. STEVES-That’s correct.
MR. METIVIER-Which would be setting a precedent for us.
MR. SANFORD-All right. Well, Bob, I’ll go with the majority of the Board on it.
MR. VOLLARO-Again, being site specific and looking at the site and having been there, parked
there and looked at it for a while, I think you could build a house there, without any problems.
Tony?
MR. METIVIER-I’m fine. I just have one question. Who is Armando vs. Paul?
MR. INGLEE-That’s Gabe Armando. He (lost words) the property you’re talking about.
MR. METIVIER-That’s all I needed to know.
MR. VOLLARO-Now, I guess this real estate deal is pending, based on approval?
MR. LAPPER-We have a contract that is signed, that is subject to contingency as approval by
the Planning Board.
MR. VOLLARO-Okay. I don’t have any further questions.
MR. HUNSINGER-I don’t have any questions.
MR. SEGULJIC-No questions.
MR. VOLLARO-Gretchen?
45
(Queensbury Planning Board 05/10/05)
MRS. STEFFAN-No. I think it fits with the neighborhood character, and we’re not going to
have to worry about a driveway running, we’re not going to have to worry about a driveway
with runoff into the road. I think it’ll be fine.
MR. VOLLARO-Okay.
MR. GOETZ-And I was out there last night. It was beautiful last night. I was ready to build
next to you. I think it’s great.
MR. INGLEE-I’d like to just make one statement in regards to, before you folks cast a vote, in
regards to my intentions for these properties. I was granted permission to build a home on a
higher piece of land that I own on the west side of Tuthill Road. My intentions for these two
five acre lots is to, Number One, if we are approved, to give one of the five acre lots to my
daughter for her wedding present next month, and to relinquish the other five acres with the
old house to my oldest son within three years time, as soon as my house is finished. So they’re
really not being subdivided for resale, per say. I just want to give them to the kids. Thank you.
MR. VOLLARO-I don’t think there’s any problem with any further subdivision on that, because
you’d have to face the APA again, and you don’t want to do that.
MR. INGLEE-No.
MR. VOLLARO-One question that I have is, has the APA provided a letter of non-jurisdictional
determination on this property?
MR. LAPPER-No, but that’s because this is an approved plan in Queensbury, an APA approved
Zoning Ordinance. The only thing that the APA would look at is whether or not it was a
variance. They would get to look at a variance. The only thing else that would make it
jurisdictional is if it was a subdivision of wetlands.
MR. VOLLARO-Did anything go forward to the APA in terms of us notifying them of this
particular subdivision requirement?
MR. BAKER-Yes, I believe they were notified of it.
MR. VOLLARO-Okay. They have 30 days to act on that if they’re going to, and has the 30 day
clock run down, or not? Do you know?
MR. LAPPER-They get 30 days after the issuance of the approval. They get the resolution
granting an approval, they have 30 days after the approval.
MR. VOLLARO-Okay. All right. Fine. Okay. That’s probably true, because that’s what
happened the last time.
MR. STEVES-Correct.
MR. VOLLARO-I don’t have any questions.
MR. METIVIER-We have a public hearing scheduled.
MR. VOLLARO-Do we have, this is an Unlisted Action, and we have a public hearing on this as
well. So, before we get into the SEQRA, is there anybody here that wants to talk to this
application?
PUBLIC HEARING OPENED
AUDIENCE MEMBER-I was going to, but I’m not going to.
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(Queensbury Planning Board 05/10/05)
MR. VOLLARO-That’s fine. That’s going to save us a little time. Okay. Thank you very much.
Having no other comments, I’m going to close the public hearing.
PUBLIC HEARING CLOSED
MR. VOLLARO-And go into a SEQRA. You supplied a Short Form, I believe.
MR. BAKER-Excuse me, Mr. Chairman, we did receive a letter in support of the application
from Trevor and Christina Schmetterer of 241 Clendon Brook Road, supporting the application.
MR. VOLLARO-Okay. Fine. It’s in support of. That’s fine.
MR. HUNSINGER-Ready?
MR. VOLLARO-Go ahead.
RESOLUTION WHEN DETERMINATION OF NO SIGNIFICANCE IS MADE
RESOLUTION NO. 9-2005, Introduced by Chris Hunsinger who moved for its adoption,
seconded by Robert Vollaro:
WHEREAS, there is presently before the Planning Board an application for:
JEFFREY INGLEE, and
WHEREAS, this Planning Board has determined that the proposed project and Planning Board
action is subject to review under the State Environmental Quality Review Act,
NOW, THEREFORE, BE IT
RESOLVED:
1. No Federal agency appears to be involved.
2. The following agencies are involved:
NONE
3. The proposed action considered by this Board is Unlisted in the Department of
Environmental Conservation Regulations implementing the State Environmental
Quality Review Act and the regulations of the Town of Queensbury.
4. An Environmental Assessment Form has been completed by the applicant.
5. Having considered and thoroughly analyzed the relevant areas of environmental
concern and having considered the criteria for determining whether a project has a
significant environmental impact as the same is set forth in Section 617.11 of the Official
Compilation of Codes, Rules and Regulations for the State of New York, this Board finds
that the action about to be undertaken by this Board will have no significant
environmental effect and the Chairman of the Planning Board is hereby authorized to
execute and sign and file as may be necessary a statement of non-significance or a
negative declaration that may be required by law.
Duly adopted this 10 day of May, 2005, by the following vote:
th
AYES: Mrs. Steffan, Mr. Goetz, Mr. Sanford, Mr. Metivier, Mr. Hunsinger, Mr. Seguljic, Mr.
Vollaro
NOES: NONE
47
(Queensbury Planning Board 05/10/05)
MR. SANFORD-Just a quick point, technical point. Maybe I’m missing the point. On the Part
that you completed here on the SEQRA, Page Nine, Item Nine, minimum lot size proposed, 3.53
acres. What’s that all about?
MR. STEVES-That’s what he currently owns, but he’s acquiring that 1.47 to make it the five
acres.
MR. SANFORD-That explains it. Okay. Thanks.
MR. STEVES-And that’s subject to this approval.
MR. SANFORD-All right. Sorry.
MOTION TO APPROVE PRELIMINARY STAGE SUBDIVISION NO. 9-2005 JEFFREY
INGLEE, Introduced by Chris Hunsinger who moved for its adoption, seconded by Anthony
Metivier:
WHEREAS, an application has been make to this board for the following:
Subdivision No. 09-2005 Applicant/Property Owner: Jeffrey Inglee
PRELIMINARY STAGE Agent: Van Dusen & Steves
FINAL STAGE Zone: RR-5A
SEQR Type Unlisted Location: Tuthill Rd
Applicant proposes a lot line adjustment and subdivision of 10.10 acres of property into two lots
of 5.09 and 5.01 acres.
Cross Reference: SB 15-2002
APA, CEA: APA
Tax Map No. 300-1-39
Lot size: 5.09, 5.01 acres / Section: Subdivision Regs
183
Public Hearing: 5/10/05
WHEREAS, the application was received in 4/15/05, and
WHEREAS, the above is supported with the following documentation, and inclusive of all
newly received information, not included is this listing as of 5/6/05, and
5/10/05 Staff Notes
5/3/05 Revised notice of public hearing sent
5/2/05 Notice of public hearing
5/2/05 Meeting Notice
4/21/05 J. Connolly, APA from C. Brown: referral
4/19/05 PB from M. Steves: statement of intent
WHEREAS, pursuant to Chapter A183, Subdivision of Land, Section A183-9J and A183-10C, D
of the Code of the Town of Queensbury a public hearing was advertised and was held on
5/10/05; and
WHEREAS, the Planning Board has determined that the proposal complies with the subdivision
application requirements of the Code of the Town Queensbury (Zoning); and
WHEREAS, the Planning Board has considered the environmental factors found in the Code of
the Town of Queensbury (Zoning); and
WHEREAS, the requirements of the State Environmental Quality Review Act have been
considered and the Planning Board has adopted a SEQRA Negative Declaration; and/or if
application is a modification, the requirements of the State Environmental Quality Review Act
48
(Queensbury Planning Board 05/10/05)
have been considered; and the proposed modification(s) do not result in any new or
significantly different environmental impacts, and, therefore, no further SEQRA review is
necessary; and
NOW, THEREFORE, BE IT RESOLVED, that
We find the following: The application for Preliminary Stage is hereby Approved.
Duly adopted this 10th day of May, 2005, by the following vote:
AYES: Mr. Metivier, Mr. Hunsinger, Mr. Seguljic, Mrs. Steffan, Mr. Goetz, Mr. Sanford, Mr.
Vollaro
NOES: NONE
MOTION TO APPROVE FINAL STAGE SUBDIVISION NO. 9-2005 JEFFREY INGLEE,
Introduced by Chris Hunsinger who moved for its adoption, seconded by Anthony Metivier:
WHEREAS, an application has been make to this board for the following:
Subdivision No. 09-2005 Applicant/Property Owner: Jeffrey Inglee
PRELIMINARY STAGE Agent: Van Dusen & Steves
FINAL STAGE Zone: RR-5A
SEQR Type Unlisted Location: Tuthill Rd
Applicant proposes a lot line adjustment and subdivision of 10.10 acres of property into two lots
of 5.09 and 5.01 acres.
Cross Reference: SB 15-2002
APA, CEA: APA
Tax Map No. 300-1-39
Lot size: 5.09, 5.01 acres / Section: Subdivision Regs
183
Public Hearing: 5/10/05
WHEREAS, the application was received in 4/15/05, and
WHEREAS, the above is supported with the following documentation, and inclusive of all
newly received information, not included is this listing as of 5/6/05, and
5/10/05 Staff Notes
5/3/05 Revised notice of public hearing sent
5/2/05 Notice of public hearing
5/2/05 Meeting Notice
4/21/05 J. Connolly, APA from C. Brown: referral
4/19/05 PB from M. Steves: statement of intent
WHEREAS, pursuant to Chapter A183, Subdivision of Land, Section A183-9J and A183-10C, D
of the Code of the Town of Queensbury a public hearing was advertised and was held on
5/10/05; and
WHEREAS, the Planning Board has determined that the proposal complies with the subdivision
application requirements of the Code of the Town Queensbury (Zoning); and
WHEREAS, the Planning Board has considered the environmental factors found in the Code of
the Town of Queensbury (Zoning); and
WHEREAS, the requirements of the State Environmental Quality Review Act have been
considered and the Planning Board has adopted a SEQRA Negative Declaration; and/or if
49
(Queensbury Planning Board 05/10/05)
application is a modification, the requirements of the State Environmental Quality Review Act
have been considered; and the proposed modification(s) do not result in any new or
significantly different environmental impacts, and, therefore, no further SEQRA review is
necessary; and
NOW, THEREFORE, BE IT RESOLVED, that
We find the following: The application for Final Stage is hereby Approved and is subject to the
following conditions which shall be listed on the final plat submitted for Planning Board
Chairman’s signature and filing:
1. Recreation Fees in the amount of $500.00 per lot are applicable to this subdivision.
2. Waiver request(s) are granted: Sketch plan, Stormwater, Grading, Landscaping Plan,
and Density requirements.
3. All necessary outside agency approvals have been received by the applicant, with a copy
sent to and received by Planning Department Staff within 180 days.
4. The plat must be filed with the County Clerk within 60 days of receipt by Planning
Department Staff of outside agency approvals noted.
Duly adopted this 10th day of May, 2005, by the following vote:
AYES: Mr. Metivier, Mr. Hunsinger, Mr. Seguljic, Mrs. Steffan, Mr. Goetz, Mr. Sanford, Mr.
Vollaro
NOES: NONE
MR. LAPPER-Thank you.
MR. STEVES-Thank you.
MR. VOLLARO-And with that, this meeting is adjourned.
On motion meeting was adjourned.
RESPECTFULLY SUBMITTED,
Robert Vollaro, Acting Chairman
50