1984-04-04
'7f
MINUTES
'~
Queensbury Planning Board
Wednesday, April 4, 1984 8:00 p.m.
Present:
R. Roberts, Chairman
K. Sorlin, Acting Secretary
W. Threw
J. Dybas
H. Mann
R. Noll
V. Macri, Jr.
M. Dean, Staff
The minutes of the March meeting were amended - Variance No. 897
should read 8 ft. setback in lieu of 20 ft. setback. Minutes were
approved as amended.
SUBDIVISIONS:
Public Hearing - Subdivision No. 3-84, Westland Section 15
25 lots Fox Hollow Lane
Mr. Tom McCormack present. Conceptual approval received several
years ago. Area north of Section 15 will stay as open acreage and
is not proposed to be further subdivided. ..They have not yet sub-
mitted highway grades and drainage plans to Pealth Dept. Town
Highway and Water Depts. have not had time to review. Engineer
employed by the Town will look at drainage and road plans with Mr.
Naylor. Mr. McCormack noted EIS done in 1980 is in file. Motion
to grant conceptual approval offered by Mrs. Mann, seconded by
Mr. Noll. Motion carried unanimously. This is renewal of approval
given 8/6/80.
Public Hearing - Subdivision No. 4-84, Beoford Close
5 lots Honey Hollow Road
Mr. Tom McCormack and Mr. Michael Carusone present. Conceptual
approval for entire plan given 1975. Mr. Carusone said the Highway
Superintendent had requested that they change temporary turn around -
Mr. Naylor would prefer to have road continue on to next planned
intersection, accept road title to the brook assuming it was paved
and water is in, etc. with temporary easement over balance of road-
way to intersection. Mr. Carusone said if they have to go that far
with the road, this section would consist of 8 lots. All are in
excess of 30,000 sq. ft. Mr. Roberts said the Town Engineer would
be looking into the drainage and stream crossing. Motion to renew
conceptual approval offered by Mr. Dybas, seconded by Mr. Macri.
Motion carried unanimously.
/76
Page Two
April 4, 1984
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OLD BUSINESS:
Site Plan Review No. 3-84 - Takundewide, Inc.
Brayton Road, Cleverdale
LR-lA
Mr. Frank DeSantis, Esq. and l'1r. John Mason present. Tabled from
previous month. Mr. ,Roberts said Section 9.020 seems to allow for
conversion of summer rental units to single family residential
under Site Plan Review. This is a unique situation, will be sub-
mitted to County Clerk as Site Plan Plat with restrictions and
covenants. Case Prime, attorney for Planning Board read draft of
proposed resolution. Billie Sue Owen(LGA) feels this should be
reviewed under subdivisions. Ron Montesi questioned if lots are
sold, responsibility rests with whom? Mr. DeSantis said leqal
responsibility rests with owners. Mr. Sorlin noted that 34-property
ownèrs had been notified, two letters have been received and are
on file. Mrs. Mann offered motion for approval, seconded by Mr.
Dybas. Motion carried unanimously.
RESOLVED: Upon motion duly made, seconded and unanimously
passed it was resolved that the Queensbury Planning Board
approve the site plan of Takundewide, Inc. #3-84, for the
conversion of existing rental cottages and appurtenances on
a parcel of lake shore land of 21.342 acres, to individual
single family residential use pursuant to Section 9.020 of
the Queensbury Zoning Ordinance, all as shown on the Map
of Takundewide, Inc. dated December 29, 1983 made by VanDusen
& Steves, and revised January 10, 1984 and to be further
revised prior to filing with the Warren County Clerk to
show the location of water lines and septic systems for each
unit; and further that the approval is also based upon the
guarantees of the applicant with respect to the water supply
system, the sanitary disposal system and access roads as in-
cluded in its letter to the Queensbury Planning Board dated
April 4, 1984 and made a part hereof as Exhibit I; and
further subject to the additional conditions that the re-
strictive covenants and easements, a draft of which is
attached as Exhibit II, be finalized to the satisfaction of
this Board and to become effective upon the transfer of
ownership of any individual residential unit, by sale, gift
or transfer of ownership of any nature, and upon meeting
these conditions, the Board does further find that the pro-
ject is in harmony with the general purpose of the Ordinance;
does not create any traffic hazards within its bound or with
the neighborhood and would not have an adverse affect on the
environment, and further meets the site plan criteria of
Article 5 of the Queensbury Zoning Ordinance.
/16
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Cleverdale, New York 12820
Aþril 4, 1984
Town of Queensbury Planning Board
Queensbury Town Hall
Bay at Haviland Road
Glens Falls, New York 12801
Re: Site Plan Review Type II
#3-84
" '.
Gentlemen:
Please consider the execution and seal upon this letter as evidence
of a corporate guarantee by the applicant, Takundewide, Inc., that the
following conditions exist at th~ ~ime of this application and will exist at the
time of sale of any of the Units and win be maintained by Takundewide, Inc.
and/or its successors and assigns, to wit:
1. a good and adequate water supply system currently
delivering and capable of delivering potable water to each and every Unit;
2. a good and adequate sanitary disposal system in place for
each and every Unit which complies with the Sanitary Disposal Ordinance of
the Town of Queensbury; and
3. that all access roads shown on the map entitled "Site Plan
of Takundewide, Inc." are in good and passable condition.
Takundewide, Inc.
B~: t
John . ason, President
EXHIBIT I
/77
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stubs, cross-arms, wires and appurtenances for the distribution of
electricity and messages bel~w, above or beyond the lands to be conveyed.
EXCEPTING AND RESERVING a non-exclusive easement and
right-of-way over all the property conveyed herein, as well as the Common
Areas as shown on the aforesaid map for purposes of installing,
maintaining and repairing water and sewer lines for connection to the
existing water and sewer system presently located upon the premises
shown on said map and any future water and sewer systems required by
the appropriate municipal authorities.
EXCEPTIN,G AND RESERVING an easement to the Grantor, its .
successors and assigns, over aU Common Areas (and to enter any \ ,
residence) to perform the duties of maintenance and repair the (residence
or) Common Areas, and to maintain any utilities for which an easement has
been granted and/or reserved. and to prevent damage to any of the
Common Areas and/or any other residence.
The aforementioned premises shall be sold. transferred, conveyed and
held subject to the conditions, reatrictions and covenants hereinafter set
forth. which are hereby declared to be for the benefit of all of the owners
of premises (within the subdivision of which the premises are a portion of)
and the benefit and burden thereof shall run with the land and be binding
upon and inure to the benefit of each and every owner thereof, or of any
portion thereof, his heirs, successors or assigns.
2. S~id lot shall be used for' single-family residential purposes only
and no structure shall be erectedJ altered, placed or permitted on any lot
other than one. (1) single-family residence, whether yearround or seasonal
in nature. >
3. That no mercantile, manufacturing, mechanical, commercial or
trAding business. or business establishment of any nature. shall be
maintained oJ. said lots. nor shall any noxious or offensive activity be
carried on upon any lot. nor shall anything be done thereon which may be
or may become an annoyance or nuisance to the neighborhood.
....../
4. That no structure of a temporary character. trailer. basement.
tent. shack. garage, barn or other outbuilding shall be used on any lot.
at any time, as 8 residence, either temporarily or permanently, and no
trailers, including boat trailers, of any description shall be parked on any
lot at any time. .
5. That no construction whatsoever shall be erected, placed or
altered on any lot until construction plans and specifications and a plan
showing the location of the construction have been approved in writing by
the Grantor herein, its agents, successors or assigns. as to the quality of
workmanship and materials, the harmony of external design with' existing
structures. the location with respect to the topography and finished grade
kANK V Dt ~>ANT S
¡""'JOHNf:'~ A1l.AW
PO t-.:tOx 167
Hr ,.
lÃKl:. ÚlÜHGE.
N[w ""OHt'< 12&4S
..
THIS INDENTURE,
-J
day of
, 19_
Made the
BETWEEN , a corporation organized under the laws of the State of
New York, having its principal place of business at . party of the first
part, and
. residing at , part of the second part,
WITNESS1;'.H, that the party of the first part, in consideration of ONE
DOLLAR ($1.00) lawful money of the United States, and other good and
valuable consideration. paid by the part of the second part, does hereby
grant and release unto the part of the second part, heirs and assigns,
ALL THAT CERTAIN PIECE OR PARCEL OF LAND. situate, lying and '
being in the Town of Queensbury, County of Warren and State of New
York. more particularly described as Lot No. . as shown on a map
entitled IISite Plan of Takundewide, Inc.", prepared by VanDusen &
Steves. Licensed Land Surveyors, dated March , 1984. which map
. was filed in the Warren County Clerk's Office on April , 1,984.
TOGETHER with the right to use a dock or mooring space designated
No. . as shown on Schedule "A" annexed hereto a.nd made a part hereof.
for the berthing of one (1) boat, subject to the condition that the Grantee
herein. their heirs, successors and assigns. shall contribute
percent <_i) of the expenses for maintaining or repairing said dock or
mooring space.
SUBJECT to the condition that the Grantee herein. their heirs,
successors and assigns, shall contribute percent < %) of
the annual cost of taxes. insurance. maintenance and other expenses
relating to said Common Areas.
(The above described non-exclusive rights-of-way and easements over
the roads and Common Areas shall automatically be extinguished upon the
conveyance of the fee to the Common Areas and roadways to an
incorporated association of lot owners. if and when said association is
formed. which association shall be open to all lot owners within the
premises shown on said map.)
EXCEPTING AND' RESERVING to the Grantor a pedestrian and
vehicular easement over all' roadways shown on said map and in and to the
use of the Common Areas as shown on said map and for the location of -../
water lines and sewage disposal areas.
fRANK V DESANTIS
EXCEPTING AND RESERVING to the Grantor the right to grant the
usual electric and telephone easements to Niagara Mohawk Power
Corporation and New York Telephone Company, to erect" maintain and
replace. repair and operate lines. oonsisting of poles. conduits. guys, guy
A.T T ORNE V AT LAW
Pu BOX 167
RT 9
LAKE GEORGE.
NLW VORK 12'645
EXHIBIT II
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17?
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location. In the event the Grantor herein, his agents, successors or
assigns, fail to approve or disapprove such plans and specifications within
thirty (30) days after their submission, or in any event, if no suit to
enjoin the construction is commenced prior to the completion thereof, such
approval will not be required and this covenant shall be deemed to have
been fully complied with.
6. That no lot shall be further subdivided nor shall any portion of
any of said lots other than the whole thereof be conveyed.
7 . That \,no lot shall be used or maintained as a dumping ground for
rubbish. Trash, junk, garbage or other waste shall not be kept except in
sanitary containers. All equipment for the storage or disposal of'sijch
material shall be kept in a clean and sanitary condition and concealed from
general view. No incinerators shaD be permitted. Each lot owner shall,
at all times, keep his property free and clear of all rubbish and do all
other things necessary or desirable to keep the premises neat and in good
order. Upon the failure of any lot owner to conform to these
requirements, the Grantor, its agents, successors or assigns, shall have
the right at any time to enter upon the property and remove rubbish and
do anything necessary to put the premises in a neat and orderly condition,
and all of the expenses thereof shall become due and payable by the lot
owner within five (5) days after written demand therefor.
8. That no trees shall be cut down or removed from any lot without
the express written consent of the Grantor, its agents, successors or
assigns.
9. Assigns, as used w~thin these covenants and restrictions, shall
not be deemed to include individual lot owners, except the Grantor may
assign its lights hereunder to an incorporated association of lot owners.
, .
10. That no fences, hedges1 or other obstructions shall be erected
along any lot boundary line.
11. The covenants, restrictions and conditions contained herein shall
run with the land and be binding upon all owners and all persons claiming
under them Jor a period of twenty-five (25) years from the date of
recording hereof, after which time1said covenants, restrictions and
conditions shall automatically be ,xtended for successive periods of ten
(10) years, unless an instrument' signed by a majority of the owners of the
lots has been recorded agreeing to change said covenants, restrictions and
conditions, in whole or in part.
12. Enforcement shall be by proceedings at law or in equity either to
restrain violation or to recover damages against any person or persons
violating or attempting to violate any covenant, restriction or condition
contained herein.
'>./
13. Invalidation of anyone of these covenants, restrictions or
conditions by judgment or court order shall in no way affect any of the
other covenants, restrictions or conditions contained herein, which shall
remain in full force and effect.
FRANK V DE:5ANTlS
TOGETHER with the appurtenances and all the estate and rights of
the party of the first part in and to said premises.
TO HAVE AND TO HOLD the premises herein granted unto the part
of the second part, heirs and assigns forever.
A1TOHNEY AT L.AW
PObOX1t.1
In \I
CAKE GEORGE.
NL'tN YORK t,2&45
FRANK V DLSANTIS
A11úHN;:Y AT LAW
P Ù I:i.:J.X -'67
RT 9
LAKf: {.)EOHGE.
NLW '(OHK 1¿84~
AND the party of the first part covenants as follows:
FIRST. That the part of the second part shall quietly enjoy the said
premises.
J
SECOND, That the party of the first part will forever WARRANT the
title to said premises.
THIRD, That, in compliance with Sec. 13 of the Lien Law, the
Grantor. will ~eceive the consideration for this conveyance and will hold the
right to receive such consideration as a trust fund to be applied, !i,rst for
the purpose of paying the cost of the improvement and will apply ,the same
first to the payment of the cost of the improvement before using any part
of the total of the same for any other purpose.
IN WITNESS WHEREOF, the party of the first part has caused its
corporate seal to be hereunto affixed. and these presents to be signed by
its duly authorized officer this day of , 19
IN PRESENCE OF:
By:
, President
ST A TE OF NEW YORK
COUNTY OF WARREN
)
: 88:
) .
On this
came
day of
, 19_, before me personally.
to me personally known, who, being by me duly sworn, did depose and
say that he resides at ; that he is the President of , the corporation
described in, and which executed, the within instrument; that he knows
the seal of said corporation; that the seal affixed to said instrument is
such corporate seal; that it was 80 affixed by order of the Board of
Directors of said corporation; and that he signed his name thereto by like
order.
Notary Public
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Page 3
April 4, 1984
NEW BUSINESS:
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Site Plan Review. Type II No. 5-84 V.S.H. Realty, Inc.
Main & Ryan Streets
HC-15
To construct a convenience store with self-service gasoline facility
in HC 15 zone.
Mr. Tom McCormack, Mr. Robert Beiermeister present. Letter from
Roger Gebo (DPW) sUbmitted to file regarding ingress, egress, lamps,
double pole sign, asphalt curbing, also requesting drainage plan.
Mr. McCormack will be submitting drainage plan to County for permit
as well as to Town. Mr. Sorlin read letter from Beautification
Committee - they are disturbed that plans at Lake George Road store
site have not been carried out. Mr. McCormack said they would meet
with the Beautification Committee. Mr. Roberts said he talked to
neighbor to the south who has requested screening. Owner of Mobil
station questioned another convenience store when there are so many
in the area. Mr. Noll questioned snow removal. Mr. McCormack said
they would lose parking spaces in winter which is no problem. The
Warren County Planning Board recommerlded approval without comment.
Mrs. Mann offered motion for approval, seconded by Mr. Noll. Motion
carried unanimously.
RESOLVED: The Queensbury Planning Board approved this
Site Plan with stipulation that a fence and
screening be constructed on south side of
property bordering Benack property and that
applicant meet with Beautification Committee
for overall landscaping review.
Site Plan Review. Type II No. 6-84 Kay's Motel
west side Route 9
RC-15
To place additional units in motel complex with more than 10 units
in RC-l5, property situated across from Great Escape.
The Warren County recommends approval of this proposed project.
Mr. Noll offered motion for approval, seconded by Mr. Macri. Motion
carried unanimously.
RESOLVED: The Queensbury Planning Board approve this Site
Plan inasmuch as it does not change the character
of the existing neighborhood, and it is a minor
expansion of an existing facility, the use of
which is allowed in the zone.
Site Plan Review, Type II No. 7-84 Professional Euilding Systems
County Line and Hicks Road
To construct facility for manufacturing modular homes with ware-
housing of lumber and accessory wholesale of lumber.
LI-IA
) ?d
page'4
April 4, 1984
Mr. Ray Waterhouse present. The Warren County Planning Board
recommends approval of this proposed project. This project
located in Industrial Park, have their own sewer system and
Queensbury water. The Park has their own restrictions. Mr.
Roberts expressed concern about Hicks Road access. Mr. Macri
offered motion for approval, seconded by Mr. Threw. All in
fa~or with the exception of Mr. Noll who abstained.
RESOLVED: The Queensbury Planning Board approved this Site
Plan in area of industrial use as this meets the
intent of zoning, with stipulation that drive
closest to Hicks Road on County Line Road will
be eliminated.
VARIANCE NO. 904 - Great Bay Seafood Restaurant
19 Main Street
HC-15
To place addition for cooler wi~h less than required setback.
Mr. Ron Hotmer present. This concerns setback from Allen Lane.
No one on Board sees a problem with this. Mrs. Mann offered motion
for approval, seconded by Mr. Noll. Motion carried unanimously.
CO~iMENTS: The Planning Board recommend approval of this
area variance as it will not impede traffic, will
have no adverse effect on neighborhood and it is
impractical to locate elsewhere.
VARIANCE NO. 905 - Ralph G. and Kathryn L. Bro"rn
27 Lupine Lane
SFR-lO
To construct an attached garage with less than required 15 ft. side
setback in SFR-lO.
Mr. Brown present. Mr. Dybas offered motion for approval, seconded
by Mrs. Mann. Motion carried unanimously.
COMMENTS: The Planning Board recommend approval of this
area variance as there will be no significant
impact on area, nearest neighbor will be 65 ft.
away and it is impnactical to locate in rear due
to steep slopes.
VARIANCE NO. 906 - L. Thomas Warner (King George Cabins)
west side Route 9 north of Exit 20
EC-15
To place a pool in the front yard of tourist' cabin facility in HC-l5.
Mr. Warner present. Mr. Noll offered motion for approval, seconded
by Mr. Threw. Motion carried unanimously.
/ ?/
P ag e - 5
April 4, 1984
COMMENTS: The Planning Board recommend approval of this
area variance with stipulation that pool be
turned with long dimension parallel to Route 9.
A,lso recommend approval inasmuch as there is no
other practical location without interfering
with roads, septic, trees, etc.
VARIANCE NO. 907 - Amerada Hess Corporation
81 Main Street corner Pine
HC-15
To place additional signage on front and side of Hess Mart building
in HC -15 .
Mr. Kenneth Boyle present. Mrs. Mann offered motion for approval,
seconded by Mr. Noll. Motion carried unanimously.
COMMENTS: The Planning Board recommend approval of this
sign variance'as total siqnage (square footage)
is way below that allowed in ordinance anè will
have no material impact on neighborhood.
VARIANCE NO. 908 - Richard Sears Tree Experts
off Harold Harris Road
UR-lO
To construct storage building for tree service business in UR-lO.
Mr. Rd;chard Sears present. Mr. Thre\<l offered motion for approval,
seconded by Mr. Dybas. Motion carried unanimously.
COMMENTS: The Planning Board recommend approval of this
use variance as it is not detrimental to the
neighborhood, will not increase traffic flow
and is surrounded by applicant's business and
holdings.
VARIANCE NO. 909 - Joseph F. Ramsey
north side Main Street
HC-lS
To construct an addition for storage area to service station with
12 ft. side setback in lieu of the required 20 ft. side setback in HC-lS
Mr. Ramsey out of town.
seconded by Mr. Threw.
Mr. Macri offered motion for approval,
Motion carried unanimously.
COffi1ENTS: The Planning Board recommend approval of this
area variance as there will be no impact on
neighborhood and adjoins property that will
not be developed.
If2.
Page 6
April 4, 1984
VARIANCE NO. 910 - Frank Cottone (Tri-County Kitchens)
Corinth Road 350' west of Pinello
EC-15
To construct 30' by 50' addition with less than 50 ft. side setback
from a residential use in HC-15.
Mr. Frank Cottone present. Bas appeared before Beautification
Committee. Mr. Noll offered motion for approval, seconded by Mrs.
Mann. Motion carried unanimously.
COMMENTS: The Planning Board recommend approval of this
area variance as it will not impact neighborhood
and will dress up existing facility.
;~/4f' \JU{r
R. Roberts, Chairman