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1989-03-21 "'-.- -- QUEENS BURY TOWN PLANNING BOARD Regular Meeting: Tuesday, March 21, 1989 at 7:30 p.m. Present: Richard Roberts, Chairman Joseph Dybas Peter Cartier Frank DeSantis Hildagarde E. Mann, Secretary Keith Jablonski Victor Macri Paul Dusek, Counsel Lee York, Sr. Planner John Goralski, Planner Thomas W. Nace, Town Consultant/Engineer Mary Jane F. Moeller, Stenographer Mr. Roberts called the meeting to order at 7:30 p.m. Minutes of 2/28/89 will be discussed at the 3/28/89 meeting. OLD BUSINESS MINOR SUBDIVISION NO. 6-88: FINAL STAGE Jeffery Kilmartin The lots on 51-2-2. ) application Dream Lake is for Road, a subdivision of 18.73 acres into three (3) SR-30. Zero feet of new road. (Tax Map No. The application was previously Tabled on 10/25/88 for more informa- tion. At this meeting, Mr. Kilmartin submitted a topographical map of the building lots, he noted that the driveway has been designed to access onto Dream Lake Road, and the well was moved an adequate distance from the septic. Staff comments (on file) stated that the applicant has satisfied all the conditions placed upon the Preliminary Approval. The Planning Board had no further questions, the Public Hearing was held previously. Mr. Cartier moved APPROVAL of Minor Subdivision No. 6-88, FINAL STAGE, Jeffery Kilmartin. The applicant has met the conditions of all of the appropriate Town Ordinances. Seconded by Mrs. Mann. Passed Unanimously 1 "- -- SUBDIVISION NO. 3-1989: PRELIMINARY STAGE Cranberry Lane The proposal is for an eight (8) lot subdivision on 10.41 acres of land, SR-1A. For residential use. 1,100± feet of new road. Location: South side of Sherman Avenue, approximately 0.20 miles east of West Mountain Road. (Tax Map No. 121-1-19.1, 21.2.) David Higgs represented the application and stated that the Prelimin- ary Plan is essentially the same as the Sketch Plan. The Plan shows l) the proposed house locations evidencing that the lots are buildable from the point of home placement and septic systems; 2) stormwater drainage; 3) notations involving clearing of the lots. Submitted separately was lan- guage for Deed restrictions involving clearing of the lots. Staff recommended that no action be taken on the application until the following are clarified: Erosion Control Plan, which appears to be inade- quate; and, the proposed roadway, which is longer than 1,000 ft. and would require a Waiver Request. A submission from the Highway Department stated that there was no objection to the road length and the drainage is satisfactory. It was the understanding of the applicant that the Board would accept the length of the cul-de-sac, if the Highway Department signed off. Mr. Roberts advised that a condition to Approval would be the submission of a Waiver. Mr. Nace reviewed his comments of 3/15/89 (on file). 1) Paved wing swales for subdivisions has been a recent Town policy and these are not included in the typical cross-section; 2) a catch basin or drywall should be provided at the cul-de-sac; 3) the Drainage Report lacks a map showing off-site tributary drainage and limits of each drainage basin; 4) erosion control is not specified on the plan. A representative of Coulter & McCormack noted that he was unaware of a change in policy regarding the use of paved wing swales. Mr. Nace confirmed that the paved wings are not used exclusively; the main concern is that the drainage is taken care of ./ on-site with dry wells Public Hearing opened: Before the Planning Board proceeded, Counsel recommended that a Waiver be required for the length of the road and that, under the circumstances, the Board must decide whether the request can be verbal or must be in writ- ing. Some members of the Board did not want to set a precedent with a verbal request; Mr. Higgs requested to submit a written Waiver at this meeting. Mr. Roberts advised that the application is grandfathered, be- cause it was submitted prior to the new rules. After further discussion, the Planning Board was in general agreement to allow a verbal request for a Waiver. 2 ',,--, ~-/ Mr. Higgs: "I would like to ask the Board for a Waiver on the length of the cul-de-sac, in view of the fact that that extension is something that Paul Naylor has agreed to." (See Waiver 3-1989 affixed to the Addendum. ) It was determined that a Negative Declaration had been made by the Planning Board: Resolution 3-89, therefore, SEQR has been satisfied. Prior to the vote, Mr. DeSantis noted the following for the record; he was not changing the motion. In this case, he was in favor of the Waiver. "The lots that are reached by the extension of the l,OOO foot limitation have no other limitations with regard to buildabi1ity or development that have been pointed out to us by the Engineer in review, which may not be the case in future reviews when we are asked to extend roads beyond l,OOO feet. On the land that we are reaching by this extension in this case there are no limiting developmental considerations on these two Lots designated 4 and 5 on the map that has been submitted, other than the fact that the road happens to be slightly in excess of l,lOO feet in length." Mr. Roberts: "Because of the size of the lots, we are not talking about high density on this road as well." Mr. DeSantis: Correct. Mr. Roberts advised that there is engineering work to be done between the Town's and applicant's engineers. Submissions to be presented are: information on erosion control and a formal Waiver request. Additionally, the drainage structure is to be moved back into the paved swale at the side of the road. Mr. Higgs was given a copy of Mr. Nace's review letter. There was discussion on the subject of paved wings vs. swales. Frank walter, Engineer: Engineer working on drainage/roadway. Mr. Walter expressed concern about the paved wing requirement. He was advised that the paved wing was an option, not a requirement, and that the Highway Superintendent requested that the option be exercised. Mr. Walter stated that where the soils are granular, there is a great deal to be said for maintaining natural swales, because they offer infiltration and stor- age in heavy storms and can be beneficial. Problems include the lack of control and supervision during the building process, where swales can be blocked and impede drainage; he appreciates the Town's concern. However, Mr. Walter said that, in this development, lot construction will be closely supervised. Mr. Cartier suggested that this problem be discussed with Mr. Naylor. Mr. Nace commented that the Highway Superintendent's concern is the maintenance of the dry wells in areas where the dry wells are installed back in the grass with the swales, because various debris gets into the dry wells and they are expensive to maintain. Where there are dry wells to take care of site drainage, Mr. Naylor strongly suggests the wings. Plans will be needed before Final Approval. 3 '--' ~ Mr. Higgs informed Mr. Roberts that there will be further discussion on this subject by all involved Engineers, in addition to Messrs. Walter, Higgs and Naylor, so that an agreement can be reached. He was not aware that a final decision had been made. Mr. DeSantis adamantly stated his op~n~on that swales and dry wells do not work. Recently local weather conditions of above-average runoffs have proved this. When the soils are frozen, the dry wells fill up, there is siltation blockage, flooding occurs and causes home damage. The problem would have been increased greatly if there had been normal snowfall this year. Public Hearing Closed. Mrs. Mann moved APPROVAL of Subdivision No. 3-1989, Cranberry Lane, PRELIMINARY STAGE, with the stipulation that the comments made by the Town's Engineer be included in the FINAL Plans and that SEQR requirements be satisfied. The project includes Waiver 3-1989 that was passed by the Queensbury Planning Board at this meeting. Seconded by Mr. Dybas. Passed Unanimously SUBDIVISION NO. 9-1988 FINAL STAGE Kenneth Ermiger Proposed is a subdivision of three (3) commercial lots to sell and to deed a triangular parcel to Agway to remedy encroachment, HC-1A. Loca- tion: West side of Route 9, 800± feet south of Round Pond Road located between Agway and Animal Land. (Tax Map No. 73-1-4, 5.) Mark Bombard, D. L. Dickinson Associates, represented the application. Staff comments (on file) included there is no information on hand regard- ing a meeting with the Dept. of Transportation (DOT) on 2/27/89; a pro- posed roadway should be shown on the map, if there is to be an access road to service the subdivision and only one roadcut; and an agreement as to the one access should be stated on the map. Mr. Bombard advised that he met with Fred Stone twice, and Mr. Stone is in agreement that access to the site on the south end is preferable, particularly at the location of the present cut. This has not been finalized with Mr. Stone, as DOT's work has been overloaded and no final decision has been made. Mr. Jablonski road system with requested one road information on future internalization of the cut. Answer: A right-of-way will have to be 4 ---- created, which would service the rest of the site. As future lots are subdivided, it would be a common drive throughout. The preferred access is the northerly property line on Lot 1. The Queensbury TABLE Subdivision mapping. Town Planning Board and Hark Bombard, Agent, agreed to No. 9-1988, Kenneth Ermiger, for submission of final SUBDIVISION NO. 1-1988: PRELIMINARY STAGE The Pines of Queensbury, Phase III The application is for thirteen (l3) residential lots on 20.67 acres of land, SFR-1A. Location: West side of The Pines of Queensbury, Phases I & II, East of Pine Hollow Subdivision, Aviation Road to Potter Road to Pinion Pine to Willow Road. (Tax Hap No. 90-8-999) Staff comments (on file) were reviewed: past concerns about lot clear- ing have been addressed through the restrictive Covenants, the Town's and developer's engineers have met with the Highway Department regarding con- cerns raised about the original drainage plan; the supplied Erosion Control Plan is insufficient, especially since Halfway Brook could be affected. Mr. Roberts explained that Halfway Brook at this point is an intermittent stream. Mr. Nace's letter of 3/l5/89 includes the following: the Stone Pine Lane storm drain design should be shown on the profile and insure adequate clearance between the storm drain and the existing water main; Lot No. 5 does not meet the l50-foot minimum width requirement for one-acre zoning; a recommendation that the Planning Board consider the modification of the C-values standard for specific soil conditions, specific implementation measures should be specified on the plans; the plan should specify four- foot minimum clearance between water mains and storm drains. Ted Bigelow, Woodbury Development Group, and Tom Jarrett, C. T. Male Associates, represented the application. Mr. Jarrett referred to Mr. Nace's letter and stated that there is a note on the drawing which re- quires that the water main depth and location be verified before any con- struction starts, there is no problem in alerting the contractor of that drain. Lot No. 5 has been adjusted to the ISO-foot minimum width and details have been provided for the four-foot minimum clearance, these were oversights by the Engineers. Mr. Jarrett feels that the C-values for the property of less than 0.35 is appropriate. Because the C-values of less than 0.35 are contrary to the Town drainage regulation, Messrs. Roberts and Nace agreed that a Waiver will be required. Mr. Jarrett noted that the values used by the Engineers do contravene the regulations, but not experienced design standards. The number used was partially arrived at at a joint meeting with Rist Frost, Paul Naylor, John Goralski, Tom Jarrett, 5 --' and Ted Bigelow. Mr. Roberts suggested to Mrs. York that the Subdivision Regulations be amended regarding C-value numbers, which seem to be some- what arbitrary; this would eliminate a continual necessity for Waivers. Mr. Cartier referred to the DECLARATION OF COVENANTS AND RESTRICTIONS; PART II CONSTRUCTION; 9. SETBACK submitted by the developer. He re- quested that reference be made to Lots 2 through 7 in this section, since they have additional specific restrictions regarding clearing near Halfway Brook. Public Hearing. Jim Hughto. Mr. Hughto's concerns of excess traffic related to two access roads. Willow Road to the east and Stone pine Road to the west. Mr. Bigelow answered that there will be some traffic created, but not major traffic because of Aviation Road near by. The primary reason for the road is. l) to prevent a cul-de-sac of more than 1,000 feet, and 2) to provide emer- gency vehicle access from the Fire Station on Aviation Road. Debbie Oleason: Sugar Pine Road resident Ms. Oleason requested to know the approximate completion date. In the Sugar Pine Road development of The Pines there are two lots which have been vacant for over a year. Mr. Bigelow advised her that there is no restrictive date for Phase III development. Additionally, Ms. Oleason said that construction vehicles use excessive speeds, debris falls off the trucks and is not picked up, the swales do not work and bulldozers have to shovel the water across Potter Road. The water is supposed to go down Sugar Pine, across Potter Road and into the woods, but it stops; there is a four-inch drop between Potter Road and Sugar Pine. Mr. Bigelow. Woodbury is selling buildings, not lots. The Covenant does state that, once construction is started, it must be completed within 12 months. He assumes the buildout will be two years, however, this de- pends on the market. With the required house minimum of 3,000 feet and lot prices of $52,000 to $65,000, the market is limited. It is presumed that the 13 lots will be reserved by the end of the year and the major portion of construction will be next year. There is no date restriction between the time lots are sold and start of construction. This was of con- cern to some members of the Planning Board, because the empty lots can be used for parties, a playground, a place for unsightly litter, etc.. Mr. Bigelow confirmed that any Woodbury construction vehicles involved in the road building will be controlled as to speeds, debris dropped off trucks, usage of the correct access road, etc.. Mr. Cartier pointed out that any problem with vehicles after the road construction should be re- layed to the Warren County Sheriff's Department, at that point the roads are public. 6 '-- Donald Thorna Willow Road what any is and Mr. Thorn requested information regarding Halfway Brook, specifically course the brook takes, problems in terms of environmental impact and alterations in the course of the brook. In some places Halfway Brook a narrow stream, while in other areas it is quite backed up, is swampy perhaps 50 to 60 feet wide. Mr. Bigelowa Halfway Brook is the easterly boundary of the subject site and alternates between being a brook and a river, while at other times is dried up. Actions taken by the developer area l) within 35 feet of the stream there is no vegetation removal, 2) there is a 75 foot nO-building limit from the stream; 3) septic systems must be a minimum of 200 feet from the stream, and 4) zoning was changed from one-half acre to one acre, which lessens the density. The Covenant provides thata l) no more than 60% of the lot can be cut, 2) builders must present to the developer a Site Plan showing proposed landscaping, 3) a permit from ENCOH was received to install two 36- x 42- culverts to insure adequate flow under the road; 4) erosion control mea- sures include those taken during construction, septic systems will have imported loam fill, and drainage for the entire subdivision is via perfor- ated pipe. Mr. Jarrett was of the opinion that the impact on Halfway Brook will be minimal. Jim Campopianoa Sugar Pine Road Mr. Campopiano also had concerns regarding the traffic flow, specif- ically the Stone Pine Road exit onto Pinewood Hollow. He asked if the road is a necessity and what the longevity is of the fire station at the current location. Answer a The Planning Board demanded that the road be installed for safety reasons. If one road is cut off for some reason, there would be another entrance for all emergency vehicles. If there was only one road, there would be 13 houses on a dead end, plus the houses on the street of the existing subdivision. This has been a common problem in several subdivisions where the residents did not want a through street, but the Board feels that safety is paramount. There will be adequate signage. Public Hearing Closed. Mr. Goralski advised that the SEQR review has been completed. Mr. Hace stated that, if the preliminary Stage is reviewed at this meeting, the modifications will be reviewed in detail. The modifications includea Lot 5 must be 150 feet in width, there is to be a written Waiver for the C-va1ue used and the reason for the use, and specific measures for the Erosion Control Plan must be added. Mr. Dybas moved APPROVAL of Subdivision No. 1-1988, PRELIMINARY STAGE, 7 _/ The Pines of Queensbury, Phase III, as the applicant has met all require- ments of the Town Ordinances. Any outstanding questions will be resolved by the Queensbury Planning Board's Consulting Engineer and the Applicant's Engineers. Seconded by Mrs. Mann. 'a.sed Unanimously NEW BUSINESS SITE PLAH NO. 20-89 t\\~ '!/"J' King Services, Inc. The application is for the construction of a motor vehicle fuel sales facility with a retail convenience food store at the Southeast corner of the intersection of Quaker Road and Dix Avenue, HC-IA. Lot sizez l.5 acres. (Tax Map No. 110-1-20) Paul Primeau, Architect, and Jim Pollock represented the project. The application, which was previously Tabled, has been discussed in Workshop sessions. Mr. Primeau noted that the Site Plan includes a configuration which shows two dispensing islands on each side of a kiosk. The design concept is to have two islands servicing Quaker Road and two islands serv- icing Dix Avenue. The Zoning Board of Appeals (ZBA) approved a Variance of the 10 foot encroachment beyond the setback line, and required the followingz l) relocation of the underground gasoline storage tanks from one side of the diesel dispensing islands to an area out of the traffic; 2) indication on the Plan of the small storage shed 8 ft. x 8 ft.; 3) a chain link fence enclosure for a refuse container. The developer will secure water for the kiosk facility from the water main on Dix Avenue, there will be an employee bathroom (not pUblic). Pro- posed will be a subsurface disposal system. Mr. Pollock advised that the applicants did not attend the March 7th Queensbury Beautification Committee meeting, because of a misunderstanding on the date. However, Mrs. Seeney (1) of that committee was contacted and three members reviewed the Plan. The recommendations (on file) included the addition ofz a planter around the sign in a grassed area and more varied cluster planting, a notation on the Plan of the location of all grassed areas, more dense trees near the east property line at the rear, 8 and, a chain link fence enclosure for the dumpster. Also, there was con- cern about the number of curb cuts, and a request to know if the area be- tween curb cuts is raised islands or planters where shrubs are indicated. Mulch could be in the form of landscape or fiberglass materials, wood chips or peat moss. The review emphasized that maintenance of the property is extremely important. The Committee did grant Conceptual Approval and requested that the applicant appear at the 4/10/89 meeting of the Queensbury Beautification Committee. Mr. Primeau explained that l4 cars, with 5 feet between each car, could stop at the signal and not extend farther back than the first curb cut. The project has been reviewed by the Warren County Department of Public Works (DPW) and four curb cuts were approved (letter on file). The approval is for the new design of Quaker Road, there is a Permit on file. The project ideas and design concepts are for the convenience of the customer, making the site easily accessible. With two cuts on one side of the property, there are options for the customer. To minimize traffic impact at the corner, the curb cuts nearest to the intersection have been set back as far as possible; there is l50 feet between the accesses. There was a lengthy discussion regarding the pros and cons of several aspects of the application. Mr. DeSantis' major concern was that drivers would cut through the property from Quaker Road or Dix Avenue to proceed in the opposite direction, without any intention of using King Fuel serv- ices. Mr. Primeau informed the Board that, when the DPW reviewed the curb cuts in relation to all the work that is going to be done on Quaker Road, the new proposal shows another lane that will be used as an option for a turning lane. He agreed with Mr. Macri that that lane will shorten the property at the intersection. Mr. Macri's major concern is when the turning lane becomes a reality and Quaker Road is widened. The turning lane will come from Quaker Road in a west to east direction. There will be an entrance very close to where the turning lane will intersect Dix Avenue and also to oncoming traffic from Dix Avenue from the west to the east. The one entrance in from Dix Avenue closest to the point is a real problem, as traffic will be merging in several directions. Mr. Nace advised that, from a safety standpoint, he would be willing to review the standards that have been set up for that type of traffic. In addition, Mr. Macri did not understand the reason for two road cuts on Dix Avenue. Because of the distance from the Quaker/Dix intersection and the required distance between the curb cuts, there will be stacking and the entrance could ultimately be blocked with traffic. If the curb cut was moved up to service both sides of the islands and the other cut was eliminated, people would be prevented from taking a short cut and the stacking problem would be eliminated. the felt In disagreement turning lane strongly that to Messrs. Macri's and DeSantis' concerns regarding and traffic cut-through option respectively, Mrs. Mann the present design is adequate because of the ease of 9 entrance/exit in the same direction, the turning lane would allow contin- uous flow of traffic; cars would be re-entering the traffic pattern from a standstill, and, if there was one roadcut on each side of the site, a U-turn would be required within the site. Mr. Goralski stated that the Warren County Planning Board modified with conditions. the two curb cuts closest to the Quaker/Dix intersection are be eliminated (letter 3/l5/89). Staff comments (on file) were that the application must adhere to the Town Ordinance Section 5.070; a Vari- ance was received and the project is in compliance, the use is compatible with public service and facilities as zoned and compatible with the neigh- borhood. There are concerns over the number of road cuts, and the angle of the intersection makes for a dangerous intersection. Moving the road- cuts away from the intersection, eliminating some of the roadcuts or pos- sibly discouraging through traffic should be investigated. Additionally, the project does not have any undue adverse impact upon any resources of the Town. Type and direction of lighting should be indicated, and the adequacy of storm water drainage facilities should be determined by the Planning Board's engineer. The Plan is to indicate the type of ground cover to be used in the unpaved areas and, because of the significant grading that will take place, changing the existing drainage patterns should be considered. Mr. Nace's comments of 3/15/89 noted that the four entrances from the site appear excessive and consideration should be given to a revised plan providing one combined access point each on Dix Avenue and Quaker Road. In addition, no drainage calculations are provided, culvert sizes should be larger than the l2-inch stipulated; percolation test data and septic design calculations should be provided; and the underground fuel storage system should conform with NYCRR Part 614. Public Hearings no comment Mr. Primeau affirmed to Mrs. Mann that Warren County Planning did not suggest how to improve the traffic problem, after it recommended elimina- tion of two roadcuts. Warren County did approve the design of the build- ing; however, Mrs. Mann stated that the design would have to be changed if the roadcuts were eliminated, because there is no way for the traffic to fall. other comments from the Planning Board are as follows. The Planning Board has a policy to eliminate roadcuts wherever pos- sible, however, there are exceptions. By taking fie closer there is no back up. the point off at the intersection, it would bring the traf- to the access. On the other hand, the turning lane means stopping at the light; the cars are moving and will not 10 '--- '--' The applicants were requested not to Road to Dix Avenue, in order to prevent out making a purchase at King Fuel. create a passageway from Quaker cars from cutting through with- This may not be the best plan for the highway; perhaps fewer pumps or a relocated building, no alternative has been seen. A traffic study should be conducted. Make the front access on Quaker Road an ·Exit Only· curb cut, and this would help alleviate engineering concerns on Quaker (eliminate backed up traffic and an easy cut-through option), The applicants offered the following statements. With which range. two curb cuts access to use; on each side, a driver would have the option of there would be lOOt in the amount of driving More traffic hazard would be created using one curb cut on each side. There could right hand whether a State. be turn; YIELD a YIELD sign at the corner to ease the traffic on the although a Board member expressed uncertainty as to sign for a right hand turn is necessary in New York Signs could be posted restricting through traffic. Business two curb potential would be strangled, if the Board restricted the customers to cuts and required relocation of the building, because of the problem of cars cutting through the property. Whether there are two or four curb cuts, the problem (of cutting through) is exactly the same. Planned are ten dispensers, which includes the kerosene/diesel island, and two hoses at each dispenser. Sixteen (l6) vehicles could fit under the canopy, two (2) vehicles at the diesel/kerosene island. Employees would park in the back. The kiosk is to house sanitary facilities for the employees, a place for the exchange of monies and a place for the sale of oil, antifreeze, candy bars, cigarettes, and perhaps there would be a soda vending machine. This will not be a King Foods as presently is located on the corner of Quaker/Bay Roads. Mr. Primeau requested from the Planning Board a Waiver of the l50 foot separation, whereby the curb cuts would be moved back away from the inter- section, still maintaining the four curb cuts, so that there will be circu- lation which is desirable for the gasoline retail service. Hr. Goralski advised that a Variance would be necessary, because the regulation was 11 ---' part of the Town Zoning Ordinance and not Subdivision Regulations. Mr. Primeau stated that the options were presented at an earlier workshop, and to change the curb cuts would have a severe impact on the entire design process and on the approval processes already received. Mr. DeSantis disagreed that there would be an impact on the design, and stated that the only approval received was from Fred Austin, who does not have authority over the project. The ZBA granted a Variance for the canopy. Mr. Dusek advised the Board that there are two agencies with which the applicant has to deal: 1) Town Planning Board (traffic flow and congestion about the site), and 2) Mr. Austin, DPW, who has indicated his satisfac- tion by issuing his permits with regard to his part of the process. Site Plan Review criteria are covered in Section 5.070, especially Sections C, E (2, 4) of the Zoning Ordinance. In addition, he reminded the Board that the project is zoned Highway Commercial, that whatever is located on the property will be a business of some type, and usage of the property has to be available in some kind of capacity. Mr. Pollock noted that King Fuels has a good relationship in the Town of Queensbury. The company has gone to extra expense in trying to make the sUbject site attractive with a gable roof and cedar shake shingles. An Adirondack "flavor· has been added to enhance the site; this is not the typical metal canopy. Other designs have been explored but, from a gas- oline retail standpoint, the present design makes most sense. If the building were relocated in the opposite direction, the customer would pull in and exit out in a different direction. It is not a good policy for the company to force somebody to take another route. Mr. Pollock reiterated that ease of entrance/exit and one/two cents per gallon makes a difference as to which gas station a customer patronizes. Regarding the subject of a Variance from the required 150 feet between access points, the Applicants felt that the basin does nothing for the property and, if the roadcuts were brought in tighter, there would be easier, quicker access but less cuing space. There would be no adverse impact on the design. Mr. Nace informed Mr. Jablonski that a traffic study would include a review of traffic safety to see if standards are met for separation from intersections, which depends upon the speed but not necessarily volume of the road; internal site circulation; and, with curb cuts only traffic safety would be taken into consideration. The Planning Board agreed with Mr. Cartier that the application should be tabled so that a certified traffic study could be made. Regarding the remainder of the application, Mr. Macri noted that the Application is incomplete because of lack of information, specifically Items 2, 3 and 4 discussed in Mr. Nace's review of 3/15/89, and that the project will not be approved ·contingent" on information to be supplied. 2. No drainage calculations: Response: Calculations are adequate for a 25 year storm; this will be provided. 12 '- .........-' 3. l2· Culverts are small and plugging: Response: Applicant will install whatever culvert is required. 4. Perc test data/septic design calculations: Response: Information will be provided after tests are run in the Spring. Because the Warren County Highway Department approved the project and the Warren County Planning Board approved with conditions, Mr. Roberts determined that voting at the Town Planning Board level would have to be a majority plus one. Messrs. Primeau and Pollock were provided with copies of comments from Staff and the Town Consultant. Mr. Pollock again informed the Board that Fred Austin, P. E., reviewed the entire project along with the proposed construction and felt that it was adequate. The application was submitted over a month ago and the Planning Department said that, unless the Appli- cants were contacted, the application was to be considered complete. The Applicants were advised that it is their responsibility to secure a traf- fic engineer for the required review. The report should be expedited to Mr. Nace, Town Consultant/Engineer, so he will have sufficient time for review prior to the next meeting. Mr. Cartier moved to TABLE Site Plan No. 20-89, King Services, Inc.. Because of the unique circumstances of the situation, the Applicant is being permitted to submit percolation tests and the septic system design up to and including April 15, 1989, so that the information can be accepted and reviewed prior to the April 25, 1989 Queensbury Planning Board meeting. Seconded by Mr. Jablonski. Passed Unanimously SITE PLAN NO. 12-89 Ì)./1\ ?? Curtis Lumber Robert K. Curtis Proposed is a lumber yard, at present it is a vacant residence and wooded lot on Holden Avenue, 800t feet north from Luzerne Road, LI-1A. Lot size: l.75 acres. (Tax Map No. 117-9-12, 22, 29.2) Consulting Engineer comments (on file) included the following: Site Plan is not complete with respect to the proposed grading plan, no drain- age calculations have been provided, a typical section of the earthen drive is to be shown on the map, no fencing specifications or landscaping information was provided, and no gate is provided at the emergency access point. 13 ...- Mr. Goralski noted that the Highway Department is requiring a letter from Curtis Lumber regarding the emergency access point, a driveway permit is required. Staff stated that the Applicant is to meet the requirements of Section 5.070 of the Zoning Regulations. The proposal has some affect on pUblic facilities, since pedestrian and vehicular traffic will be cros- sing Holden Avenue between Curtis Lumber's facilities, a STOP sign is suggested at the exit to both facilities. There may be a problem on Feld Avenue where the Town presently piles snow, this would block any access to the site. Circulation and parking on the site is adequate. Screening is advised next to adjoining properties, if lumber is stored along the fence. Mark Bombard, D. L. Dickinson Associates. represented the application and stated that he did not feel drainage calculations were necessary, be- cause most of the site is staying as natural as possible. Roof drainage hopefully would be contained within seepage pits. However, Mr. Nace re- quired some drainage calculations. because of the affect on neighboring property. A report from the Beautification Committee suggested screening of hemlocks and white pine and heavy underbrush. Mr. Bombard reviewed that Curtis Lumber has a site on either side of Holden Avenue. On the site west of Holden Avenue there are two existing buildings, a house and garage, which will be removed. Proposed on that site is an open storage shed to be used for lumber, there will be no re- tail sale at the shed. Purchases will be made at the store on the east side of Holden Avenue and the material will be picked up across the street, if necessary. Jim Daviesl This project was discussed with the ZBA at their last meeting. The ZBA is leaning towards not restricting sales to contractors only, because it is unreasonable and virtually unenforceable, the ZBA is awaiting the outcome of the Planning Board meeting. With the facility on the west side of the road, there will be ample room for cars and trucks. Previously the area was zoned Urban Residential, however, no Variance is required for a Light Industrial 1A zone. Mr. Goralski clarified that, due to an error by the Planning Staff on the Application, the applicant did not appear before the Warren County planning Board; however, this must be done before any final action can be taken by the Town Planning Board. He was advised by Dane Kane of Warren County that, where there is a County Planning Board in existence, it has to review any project within 500 feet of a municipal boundary. Because of these extenuating circumstances, Mr. Roberts was of the opinion that the Board could proceed with the application review. Mr. Davies STOP signs on tions. agreed that both sides there will be no curb cuts and there will be of the road, in addition to drainage calcula- 14 Mr. Bombard said he would meet with Mr. Naylor to work out a mutual agreement regarding the snow disposal in the area of the emergency access, which Curtis Lumber would like to have as a secondary access for emergency purposes, not continued use. He felt the Town will maintain the fire hydrant that is on the other side of the property line. Mr. Griffen. Manager, Curtis Lumber: The purpose of the new site is to alleviate an ongoing parking problem on the east side of Holden Avenue. Proposed is to move the lumber out of the present area and relocate it across the street. parking will be main- tained inside the present Curtis Lumber property. There will be a secur- ity Gate House across the street, at the area where the lumber is stored and can be picked up by customers. There will be three or four employees working in the lumber storage yard. All sanitary facilities will be main- tained in the main building. Mr. Macri pointed out that the roads around the perimeter of the loop are 15 feet wide, the main drive going in is about 2l/22 feet, but decreas- es to about 7 feet at the shed. This is too narrow for trucks. Mr. Bombard agreed that the road will have to be widened around the shed, and Mr. Griffen stated that the shed may have to be moved in order to get the desired width. Mr. Jablonski requested that the applicant provide a plan showing the entire Curtis Lumber site, the present plan only shows pieces. Parking and egress/ingress, traffic flow through the facility, directional signal- ing, and operation of the facility, etc. should be defined more clearly. Public Hearing. Cheryl Winslow: 14 Western Avenue. Opposed to the project. Mrs. Winslow's property is next to the current location. Customers park in the front of her house, tractor trailers go next to the property, she has difficulty getting out of her driveway due to traffic conditions, forklift trucks are noisy at 6:30 a.m.. She is opposed to the project because of the potential increase in traffic. Mrs. Winslow expressed her appreciation that Curtis Lumber did take into consideration the present parking problem. Western Avenue is not very big and the number of present customers is not being accommodated. She does not feel that the location is suited for Curtis Lumber, as the size is less than what a lumber com- pany should have and is smaller than the store's other sites. Curtis Lumber is selling to persons other than contractors. Mrs. Winslow's was installed by Lumber is stacked tion to garbage. problem with the primary concern is privacy. A six foot stockade fence Curtis, but has taken abuse from fork lift trucks, etc. higher than six feet and falls into her yard, in addi- Because of the type of neighborhood, there has been a -disappearance- of lumber inventory. Mrs. Winslow did 15 ---- not complain when Curtis Lumber first moved in, because previously the land was an eyesore. The Light Industrial zone is new, and it is Mrs. Winslow's hope that the entire area would be zoned the same. The LI zoning is hard on the neighbors and most of them do not have alternatives, because of limited income and the value of their homes; the Winslow home is for sale. Mrs. Mann explained that the value of the neighboring land is more important than the value of the houses, as land in Queensbury is expensive. Mr. Goralski read letters in opposition from Leona Crosby and Laura Brown; the main complaints were traffic, pOllution and noise. There was further discussion regarding the Urban Residential/Light Industrial zones in the immediate area. Mrs. Winslow was advised that, where there is a mixed zone, a buffer is required for protection between the two zones. Mr. Macri moved to TABLE Site Plan No. 12-89, Curtis Lumber/Robert K. Curtis, pending the submittal of a more complete application. One of the specific requests by the Queensbury Planning Board is that a plan be sub- mitted showing property on both sides of Holden Avenue. Seconded by Mrs. Mann. Passed Unanimously SITE PLAN NO. 13-89 ~ 9~ Kenneth D. and Holly W. Wheeler The application is for the addition on to the existing 22 ft. x 24 ft. building and upgrade the business from a home occupation, CR-15. A commer- cial sign will be installed. Retail sales. Location: West side of Richardson Street between Corinth Road and Luzerne Road. Lot size: 0.442± acres. (Tax Map No. 130-2-10) Mr. Goralski noted that originally Mr. Wheeler's request was to up- grade his current use to a retail business; therefore allowing him to put a sign outside his home. However, in order to put a retail business in a commercial/residential zone one acre would be required. Mr. Wheeler does not have one acre; therefore, the business would be maintained as a home occupation and a sign would not be placed in front of his property. Public Hearing: no comment Warren County Beautification Committee approved the application. Mr. DeSantis reviewed the Short Environmental Assessment Form, Part II, with the Planning Board; there were no negative impacts. 16 ~ ---' Mr. DeSantis moved APPROVAL of Site Plan No. l3-89, Kenneth D. and Holly W. Wheeler, based upon full compliance of the Rules and Regulations of the Town of Queensbury and having met all provisions of the New York State Environmental Quality Review Act. Resolution l3-89 is affixed to the Addendum. Seconded by Mrs. Macri. Passed Unanimously PLANBING BOARD BUSINESS TAHITIAN WATER PARK CORRESPONDENCE John Goralski Mr. Goralski ning Department Planning Board, Planning Board's requested that the Town Planning Board instruct the Plan- Staff to forward any letters that are addressed to the in reference to the Tahitian Tempest Water Park, to the Engineering Consultants, Clough, Harbor Associates. Mr. DeSantis AUTHORIZED the above request. Seconded by Mr. Macri. Passed Unanimously REVIEW PROCESS FOR TAHITIAN WATER PARK Paul Dusek Mr. Dusek met this afternoon with the Planning Board's Engineering Consultants, Clough, Harbor Associates. At this point, it is up to the applicant to make his application complete. Cough, Harbor wrote a letter to Morse Engineering reviewing the elements of the check list that were not complete, hopefully it will be in by March 29th. If it is, the Plan- ning Board should then be in a position to find that the application is complete and start the Site Plan Review process. The SEQR application has always been complete. The Zoning Board of Appeals at the March 22nd meeting will pass on the subject of Lead Agency. The Agency based Counsel Session. next step will be for the Planning Board to appoint itself Lead again at the next meeting, and make a determination of significance on the criteria set forth in the SEQR rules. At the same meeting, suggested that the Planning Board set a date for the Scoping Mr. Dusek impressed upon the fact that it is important to wait 17 - until all new information has been submitted and the Site Plan Application is complete, before proceeding with SEQR. The Law does not prohibit the starting of the SEQR process, but the Planning Board has made it a policy never to act on a Site Plan Application until it is complete, and this includes the SEQR process. The Planning Board agreed with Counsel that the Application has to be complete prior to reviewing SEQR. There was further discussion regarding the meetings to be held in April, the Scoping Session and whether or not SEQR could be included in the regular meetings. Mr. Macri was of the opinion that Workshop Sessions were important and that the material could be more thoroughly reviewed. Chairman Roberts adjourned the meeting at ll.45 p.m. Richard Roberts, Chairman Date 6~,h~ Mary J ~Moeller, Stenographer ~, /.;2. ¡- 7 Date 18 ---- ---- WAIVER - 3-1989 Mrs. Mann moved APPROVAL of WAIVER 3-1989 for Subdivision No. 3-1989, Cranberry Lane, PRELIMINARY STAGE, which is to permit the extension of Cranberry Lane to a length of more than 1000 feet. There is a letter on file from the Town of Queensbury Highway Superin- tendent accepting the new length as not detrimental to the health, safety, morals and welfare to the Town of Queensbury. This particular subdivision application was submitted prior to the time that the stated Planning Board decided to make a requirement of a written Waiver in advance. This is not to set a precedent. Seconded by Mr. Jablonski. Passed Unanimously 19 '--- ~ RESOLUTION WHEN DETERMINATION OF NO SIGNIFICANCE IS MADE Resolution No. 13-89 March 21, 1989 Introduced by: Hildagarde E. Mann Who Moved Its Adoption Seconded by: Frank DeSantis WHEREAS, there is presently before the planning Board an application for: Site Plan No. 13-89, Kenneth D. and Holly W. Wheeler, and WHEREAS, this Planning and Planning Board action mental Quality Review Act, Board has determined that the proposed project is subject to review under the State Environ- NOW, THEREFORE, BE IT RESOLVED: l. No federal agency appears to be involved. 2. No other agencies appear to be involved. 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 appli- cant. 5. Having considered and thoroughly analyzed the relevant areas of environmental concern and having considered the criteria for deter- mining 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 nonsignificance or a negative declaration that may be required by law. Duly adopted this 21st day of March, 1989, by the following vote: AYES 7: NOES 0: ABSENT 0 : 20