Applicationi 0
RICHARD J. BARTLETT
PAUL E. PONTIFF
ALAN R. RHODES
ROBERT S. MCMILLEN
PHILIP C. MCINTIRE
MARK A. LEBOWIT2
J. LAWRENCE PALTROWIT2
MALCOLM B. O'HARA
PATRICIA E. WATKINS
MARK E. CERASANO
MARTIN D. AUFFREDOU
BRUCE O. LIPINSKI
PAULA NADEAU BERUBE
JONATHAN C. LAPPER
BENJAMIN R. PRATT, JR.
EILEEN M. HAYNES
JAMES R. BURKETT
BARTLETT, PONTIFF, STEWART & RHODES, P.0
ATTORNEYS AT LAW
P. O. Box 216a
ONE WASHINGTON STREET
GLENS FALLS, NEW YORK 12801-2168
Chairman Christopher Hunsinger
Planning Board
Town of Queensbury
742 Bay Road
Queensbury New York 12804
TELEPHONE 15181 992-2111
FAX (518) 192-3309
EMAIL inlo®bpsdaw.com
WEBSITE www.bpsdawxom
August 15, 2005
Re: Thomas Schiavone- Subdivision Request
Sherman Avenue
Dear Chairman Hunsinger:
TUCKER C. STANCLIFT
STEFANIE DILALLO BITTER
KARLA WILLIAMS BUETTNER
ELISABETH B. MAHONEY
JOHN D. SVARE
ROBERT S. STEWART
1932-2001
BERTRAM J. DUBE
1916-1999
RECEIVED
ED
As you are aware our firm represents Thomas Schiavone with regard to his submission for final subdivision
review of the above mentioned property. The pending application is for a thirty two lot subdivision. This
includes the area that Mr. Schiavone plans to conserve due to the existing wetlands that are currently on the
parcel. In speaking with members of the Queensbury Land Conservancy as well as the Town of
Queensbury, it appears that neither of these entities would be interested in holding a conservation easement
area for the wetlands that makes up the majority of Lot 1. As a result, it is our intention to create a
Homeowner's Association for this development. This Homeowner's Association will only be created to
own the oipen space parcel and insure that this area continue to be vacant and be utilized as open space.
Since this will not have to be maintained by the Association due to the existing wetlands, there will not be a
Declaration of Covenants nor an Offering Plan for this entity. The deed for the property will contain the
following restrictive covenant:
"The entire portion of lot 1 which is located west of the subdivision roadway shall be perpetually
held and maintained as a non -buildable open space site without any structures or improvements
whatsoever. This restriction shall be perpetual and shall run with the land and shall be for the
benefit of the remaining lands within the subdivision."
All that will be necessary is the submission of a shortform CPS-7 which will be filed with the NYS
Department of Law. This cannot be done until final subdivision approval from the Town is obtained.
Once these approvals are provided it is our intention to file the CPS-7 promptly thereafter. At that time, we
will provide a copy of our submission to the State to the Town of Queensbury.
Very truly yours,
e.
o than C. Lapper
cc: Tom Nace, RE
Thomas Schiavone D« N llp 4X 1
03/02/2004
Subdivision - Final Stage
General Information
Application No. (Office Use Only)
Pre -Application Mtg. Date: (Office Use Only)
Application Stage Submitted (Check One):
(To be detemtined at Pre -Application Meeting)
Sketch Plan Stage
Preliminary Stage
Final Stage
Indicate the following:
Number of lots proposed
Residential - R or Commercial - C
Lot acreage
Project Location:
Tax Map No.:
Zone Classification:
Lot size:
Applicant:
Address:
Home Phone:
Work Phone / Fax:
Applicant's Agent:
Address:
Home Phone:
Work Phone / Fax:
Property Owner:
Address:
Work Phone / Fax:
Directions to Site:
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(include current and proposed use):
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Final Stage
§ A183-11 Final Stage Review — Plat Details and Requirements
A. Final plat. The applicant shall submit fifteen (15) copies, one original and fourteen copies,
of the final plat application. The final plat shall be laid out by a licensed professional
engineer with a properly executed New York State Education Department Exemption M or
a licensed land surveyor. Such final plat shall be prepared at a scale of one (1) inch equals
fifty (50) feet zero (0) inches, clearly showing:
Check each box to indicate information has been provided
dThe bearing and length of all straight lines and the radii, lengths and central antler of all
,%c irves along all property and street lines.
yThe area of each lot in square feet or in acres, if such lot is larger than one (1) acre.
Q The connection by proper measurement between street center lines where such streets
are not straight across an intersecting street, both within the subdivision and where
o °site existing streets or subdivision.
Gl A system of monuments to be located at all comers of intersections and angle points.
Proposed block and lot numbers as approved by the Town Assessor.
The building setback line for each lot.
L;rFire and school district boundaries within the subdivision area.
❑ Existing zoning, with the location of any district boundaries within two hundred (200)
� ,lfeet of the property to be subdivided.
i The boundaries of the property, the lines of proposed lots, streets and parks, and the
ees of all adjoining streets, their names and exact survey locations.
The names of all subdivisions immediately adjacent and opposite, or, if not subdivided,
tl}e names of the owners of record of adjacent and opposite property.
A statement that the plan is in compliance with the Zoning Ordinance of the Town of
eensbury.
A statement reading as follows:
" Approved under authority of a resolution adopted by the Planning Board
of the Town of Queensbury, New York.
Chairman."
J;YA showing the name of the subdivision, the owner, the scale, the date and
N rth point.
certificate of the licensed engineer and/or land surveyor making such plan to the effect
that the plan is correct and made from an actual survey, the license number and seal of
the engineer and land surveyor shall be affixed to the drawing.
Final Stage
B. Endorsement of state and county agencies.
Evidence shall be supplied that any proposed water supply and sewage disposal facilities
associated with the subdivision plat requiring approval by the Department of
Environmental Conservation and/or New York State Department of Heath have received
at least preliminary approval(s) of such facilities and that any special district extensions
required have been authorized by the Queensbury Town Board. Any proposed water
supply and sewage disposal facility shall meet the Town of Queensbury design and
construction standards for such facility. The plat shall not be stamped approved until all
state- and or county -required approvals for each lot of the subdivision have been
receiving in writing by the Planning Board.
C. Other plans and reports. Other plans and reports shall be submitted as follows:
CJ'A drainage report demonstrating proper sizing of drainage swales, culverts, pipes and
ts.
5Alanting plan illustrating species and location of proposed tree planting.
A tree clearing plan illustrating areas and methods of protection of existing trees to
remain.
;3`An erosion control plan illustrating methods and location of erosion control devices and
schedule of maintenance of such devices and other actions to reduce erosion.
®"Construction plans showing grading and other site improvements and details of those
site improvements.
D. Homeowners' association or condominium agreements.
�1 if the subdivision is to be managed by a homeowners' association or condominium,
copies of their regulations and agreements, indicating any restrictions required by the
Planning Board, shall be submitted. If the subdivision is to be sold fee simple, copies of
deeds indicating any restrictions required by the Planning Board shall be submitted.
E. Streets, recreation land or open space.
❑ The plat shall be endorsed with the necessary agreements in connection with required
easements or releases. Offers of dedication to the town shall be presented prior to plat
approval. Formal offers of dedication to the town of all streets and parks, not marked on
the plat with notation to the effect that such dedication will not be offered, shall be filed
with the Planning Board prior to plat approval. If the owner of the land or his agent who
files the plat does not add as part of the plat a notation to the effect that no offer of
dedication of such streets, highways or parks, or any of them, is made to the public, the
filing of the plat in the office of the County Clerk or register shall constitute a continuing
offer of dedication of the streets, highways or parks, or any of them, to the public, and
said offer of dedication may be accepted by the Town Board at any time prior to
revocation of said offer by the owner of the land or his agent.
• 0
Final Stage
❑ The approval by the Planning Board of a subdivision plat shall not be deemed to
constitute or imply the acceptance by the town of any street, park, playground or other
open space shown on said plat. The Planning Board may require said plat to be
endorsed with appropriate notes to this effect. If the Town Board determines that a
suitable park or parks of adequate size cannot be properly located in any such plat or is
otherwise not practical, the Board may require, as a condition to approval of any such
plat, a payment to the town of a sum to be determined by the town, which sum shall
constitute a trust fund to be used by the Town Board exclusively for neighborhood park,
playground or recreation purposes, including the acquisition of property. The Planning
Board may require the filing of a written agreement between the applicant and the Town
Board covering future title, dedication and provision for the cost of grading,
development, equipment and maintenance of any park or playground area.
F. Fees.
UtThe application for final plat approval shall be accompanied by a fee listed on the
correct schedule for fees for the Town of Queensbury posted in the Planning Office.
The fee is $100 plus $50 per lot.
❑ In addition to the fee listed on the schedule of fees, the Planning Board may charge a fee
to developers of projects requiring legal and technical review, provided that the fee
charged reflects the actual cost of the legal and technical assistance to the Planning
Board.
❑ A Recreation Fee of $500 per lot / dwelling unit is required to be paid at the time a
building permit application is submitted.
Date: 0(L2 U
Signature:
(Person responsible for providing information)
Department of
Community Development
Queensbury Planning Board
Staff Notes
APPLICATION: Subdivision 4-2003 (Final Stage)
APPLICANT: Thomas Schiavone is the applicant for this request.
REQUESTED ACTION: Applicant proposes to subdivide a 49.87 +/- acre property into 32
residential lots.
LOCATION: The property is located on Sherman Avenue, west of the recently approved
Pine Ridge Estates subdivision (Richard Schermerhorn).
EXISTING ZONING: This property is zoned SR-1A, Suburban Residential One Acre.
SEQRA STATUS: This action is a SEQRA Unlisted action. The Planning Board issued a
SEQRA negative declaration for this proposal on October 19, 2004. The SEQRA
determination applies to FW 6-2003, which is related to this subdivision.
PARCEL HISTORY: The Planning Board previously approved FW 6-2003 (proposed
wetland disturbance and mitigation) as well as a Preliminary Stage subdivision for this
property on October 19, 2004.
PROJECT DESCRIPTION: The applicant proposes to subdivide this approximately 50 acre
parcel into 32 lots. Thirty one of the lots are to be residential building lots, with one lot to
remain as undeveloped. The lots would be accessed off of an internal subdivision road to
be built as part of the subdivision. The road would connect to Sherman Avenue and the
recently approved Pine Ridge subdivision to the east.
STAFF COMMENTS:
CT Male issued a signoff on this application on January 19, 2005. Have the grading,
drainage and stormwater plans changed between the time of this signoff and this most
recent submission?
Does the applicant propose to create an HOA to maintain the drainage easement, street
trees and open space parcel (should the applicant propose to create an HOA to manage Lot
1)? Language for the proposed drainage easement and any HOA should be submitted to
Staff and the Planning Board forreviewpdor to Planning Board action on this subdivision.
Previously the applicant and the Planning Board have discussed potentially transferring
ownership of the proposed open space lot (Lot 1) within this cluster subdivision to a
separate private or possibly public entity as open space. Has the applicant contacted any
public or private organization about purchasing and preserving Lot 1 as open space?
SB 4-2003 - Schiavone • •
Sbptember 20, 2005
Whether the land is to remain in private ownership or will become land owned by an HOA,
Staff suggests that a deed restriction be included with Lot 1 that no future subdivision or
development of this property shall take place.
Additionally, all no cut buffers should be deed restricted to order to protect and preserve
these buffers.
Previously, the Planning Board approved a Freshwater Wetlands Permit for this application.
The subdivision plat as well as the plan approved as with the Freshwater Wetlands Permit
indicates some wetland disturbance along with a proposed wetland mitigation area to be
constructed as a replacement for the disturbed area. Staff suggests a condition of any
approval of this application that the wetland mitigation will be constructed to the satisfaction
of NYSDEC and will be constructed prior to the acceptance of all roads within this
subdivision.
The proposed subdivision shows a connector road to be constructed to the adjacent
subdivision to the east, along with barriers to prevent unauthorized access of the NIMO
lands. Staff suggests a condition of approval that prior to acceptance of all town roads,
proposed barriers shown within the current NIMO ROW shall be constructed to the
satisfaction of NIMO. Additionally, Staff suggests a condition that prior to acceptance of any
ROW by the Town of Queensbury Highway Superintendent, the vehicular connection to the
east wilt be constructed to the eastem boundary of the adjacent NIMO lands. The later
condition is a similar condition of approval that was included in the approving resolution for
the subdivision directly to the east of this site. This condition is intended to ensure that the
interconnection between the two subdivisions is constructed as shown on both subdivision
plats.
Additionally, Staff recommends a condition similar to one that was approved with the
subdivision to the east that prior to any site disturbance, clearing or construction associated
with this subdivision, the applicant shall obtain any necessary permits from NIMO for the
construction of the proposed roadway beneath the N/MO powerlines.
The subdivision plat contains a note that a sign identifying the no cut buffers proposed adjacent
to the NIMO ROW will be placed on each adjacent lot. As this adjacent NIMO ROW contains
some areas of Lupine, consideration should be given to requiring that all property deeds shall
contain a restriction stating that no dumping, dumping ofyard clippings, or motorized access of
NIMO lands. The Planning Board could also require fencing at the rear of the lots adjacent to
the NIMO lands in order to prevent unauthorized access of this property.
-2-
11
Pam Whiting
From: Marilyn Ryba
Sent: Tuesday, August 30, 2005 11:43 AM
To: Craig Brown; Susan Barden; Stuart Baker; George Hilton; Pam Whiting
Subject: FW: Planning Board Applications / September Review
From: Mike Shaw
Sent: Tuesday, August 30, 2005 11:04 AM
To: Marilyn Ryba
Subject: Planning Board Applications / September Review
Marilyn , please refer to the following comments on the above mention subject.
SP-49-2005, Stark Group
Refer to my comments set to Craig Brown by email on August 8th.
SUB 16-2005 TRA-Tom Development
This is not within the Town Sanitary Sewer District. A District extension will have be
completed prior to start of construction.
SUB 4-2003 Thomas Schiavone
Not within Town Sanitary Sewer District. Proposal is for septic systems.
SUB 4-2005 Amedore Homes
Comments from the July 11th memo the Craig Brown are being address.
If you or your staff have any questions on these comments please contact me at my office.
Mike Shaw
Deputy Wastewater Director
823 Corinth Rd.
Queensbury, New York 12804-9725
www. gueensbury. net
• • ®RE�EI ED
ATOWN OF QUEENSBURY WATER DEPARTMENT R
American Water WOAs QUEENSBURY, NEW YORK 12804 • PHONE (518) 793-8866 • FAX (518) 796-3320
Association MEMBER
RALPH VAN DUSEN BRUCE OSTRANDER
Superintendent Deputy Superintendent
TOWN OF QUEENSBURY
September 6, 2005 COMMUNITY DEVELOPMENT
RECEIVED
SEP 8 - 2005
Mr. Craig Brown, Administrator ACO ZONING—
B a C PLANNING_��
Town of Queensbury Planning Board FM EXEC. DIG.
742 Bay Road
Queensbury, New York 12804
Re: September 2005 Planning Board Applications
Dear Craig:
My comments regarding the agenda for the September 2005 planning board applications.
SB16-2005 Tra-Tom Development:
• This project is not located within any existing water district. The owner must provide a
provision for a district extension to be served by the Queensbury Water District.
• When the preliminary plans are available, they need to be submitted for our review.
• No utility plans or details were submitted.
SP 49-2005 Stark Group, Hotel:
• This project is not located within any existing water district.
• The water line is to be inspected prior to backfill.
• The meter size and fee is still to be determined.
• Fire sprinkler systems must comply with Queensbury Design & Construction Standards
(March 7, 2005 version).
• This project can be supplied water by contract.
• It is anticipated that a booster pump may be required to provide adequate water pressure.
This booster station will be operated and maintained by the owner. During design, the
engineer shall coordinate with the Queensbury Water Department a hydraulic evaluation
of both the Town's and the proposed new system to verify the capability to serve the
project.
A&
SB4-2003 Thomas Schiavone:
• This project is located within the Queensbury consolidated water district and sufficient
water is available to meet domestic needs.
• The preliminary plans for this project have been reviewed by this department and have
been approved.
SB4-2005 Amadore Homes:
• This project is located within the Queensbury consolidated water district and sufficient
water is available to meet domestic needs.
• The 8" ductile iron pipe must be poly wrapped, class 52.
• The water meter must meet Queensbury Water standards and be supplied by the
applicant.
• The contractor must provide water service to each lot that meet Queensbury construction
standards, prior to final acceptance.
• Fire sprinkler systems must comply with Queensbury Design & Construction Standards
(March 7, 2005 version).
• The 1 %<" service lines shown are not standard in the Queensbury Water District. If the
water lines are ever to be turned over to the Queensbury Water District either 1" or 1'/z"
service lines must be used.
Sincerely,
Bruce Ostrander
Deputy Superintendent
BAO/tr
Cc: Scott Burnard, QWD Engineering Department
File
.VC)■■ ST�fE OF NEW YC�tK
■■ DEPARTMENT OF HEALTH
Flanigan Square, 547 River Street, Troy, New York 12180-2216
Antonia C. Novello, M.D., M.P.H., Dr.P.H.
Commissioner
April 5, 2005
Mr. Thomas W. Nace, P.E.
Nace Engineering, P.C.
169 Haviland Rd.
Queensbury, NY 12804
Executive Deputy Commissioner
RE: Schiavone Realty Subdivision
(T) Queensbury, Warren County
32 Lots, Public Water, Onsite Wastewater
Treatment Systems with Site Modification
Dear Mr. Nace:
I have reviewed the submission for the Schiavone Realty Subdivision, submitted to our office. My
comments are as follows.
l . The faxed copy of DOH348 received by the Department is incomplete due to a fax transmission
error. Please send a complete copy with your resubmission.
2. Please submit a copy of the Notice of Intent (NOI) for stormwater with your revised plans.
3. Include a note regarding the installation of water meters (i.e., make, model, placement,
responsibility for installation, etc.). A reference to the Town of Queensbury standard
specifications is adequate.
4. Please note that all final plans should be prepared and stamped by a New York State licensed
professional engineer or registered architect. Similarly, the plat plan must be prepared and
stamped by a New York State licensed land surveyor.
5. Please provide a letter from the Town stating that they will have maintenance responsibility of all
drainage, roadways, easements and right-of-ways.
6. The number "33" is listed in the middle of Lot 31. This appears to be a typographical error.
Please clarify.
The onsite wastewater treatment system for lot 31 is located within the 100 foot wetlands setback.
Please relocate.
8. The configuration for the 50% expansion area on lot 21 is unacceptable. Please redesign this
system so that all laterals are installed consecutively, rather than in opposite directions.
9. Please add the number and depths of the auger holes to a table, similar to that completed for test
pit information.
Thomas Nace, P.E. • •
Page 2 of 3
, " #►
10. It does not appear that the information from the test pits and auger holes completed with Mr.
Meacham from this office in May of 2004 and again in July of 2004 has been added to the plans.
Please survey the location of all test pits and auger holes, and submit them with the revised plan
set. _
11. Please add a symbol for the percolation test to the legend.
12. On Sheet 8, the two boxed notes to the right of the Sewage Disposal System Sizing information
are labeled 1 and 3. This appears to be a typographical error.
13. Please revise the line type for the wetland boundary and 100 foot setback line for clarity.
14. According to Section 8.4 of the "Recommended Standards for Water Works" (Ten State
Standards), fire hydrants should be provided at each street intersection and at a spacing generally
between 350 to 600 feet. Similarly, Ten State Standards recommends valve spacing should not be
more than 800 feet. We have discussed the Town of Queensbury's policy to install hydrants and
valves at longer intervals. If this policy is still in effect, please provide me with documentation
for my files.
15. On the "Modified Soil System Detail" on Sheet 8, you indicate that 24" of separation must be
provided between the replacement material and the maximum seasonal high groundwater
elevation. Figure 26 on Page 92 of the "Individual Residential Wastewater Treatment Systems
Design Handbook"(Design Handbook) indicates that a minimum of 24" of usable soil is required
below the bottom of each trench. You may modify your detail to match this requirement if you
feel it is appropriate at this site.
16. Many of the onsite wastewater treatment systems at this site may be a combination of a site
modification (Page 92, figure 26 in the Design Handbook) and a shallow trench system (Page 91,
figure 25). The characteristics of both system types must be indicated in a detail. Your detail
must include a six foot extension of usable fill material beyond the ends of the trenches
transitioning to a 1 on 3 slope to meet existing grade as shown in the Design Handbook.
17. Below each onsite wastewater treatment system detail, include a chart that lists each lot number,
the percolation rate and the depth to the limiting factor to clarify which system type will be
installed on each lot.
18. Please revise your note below the modified soil system detail on sheet 6 to state that the
replacement or blended soils shall have a percolation rate between 5 and 60 minutes, as stated on
Page 37 of the Design Handbook, under the heading "Site Modification for Too Rapid
Percolation Rate Soils."
19. Please revise the proposed grading to ensure absorption trenches are installed parallel to the
contours. On many lots, absorption trenches are perpendicular to the contours.
20. Please add a note to the Infiltrator Absorption Trench Profile that only products approved by the
New York State Department of Health shall be used.
21. Because many lots within this subdivision exhibit site conditions that are borderline acceptable
for the use of conventional absorption field systems, it is necessary to have test pit and
percolation test information for each lot where a conventional system is proposed. The number of
-A+ Thomas Nace, P.E. .
Page 3 of 3
additional test pits required will be reevaluated once all test pit locations have been surveyed and
are included on the plans.
If you need the assistance of myself or Mr. Meacham from this office to complete additional test pits,
please contact this office to schedule a date and time. If you have any additional questions or concerns,
please do not hesitate to contact me at (518) 402-7650.
Sincerely,
*i,c.a uc.� X. l,�1.Lc-c—r.
Kristine L. Wheeler, P.E.
Senior Sanitary Engineer
Bureau of Water Supply Protection
cc: NYSDOH — GFDO, Attn. Ms. Gabalski
NYSDOH - BWSP, Attn. Mr. Meacham
Town of Qumnsbury - Code Enforcement
• 1.
DC)nSTAgE OF NEW YORK
DEPARTMENT OF HEALTH
Glens Falls District Office
77 Mohican Street, Glens Falls NY 12801 (518)793-3893 Fax (518) 793-0427
Antonia C. Novello, M.D., M.P.H., Dr.P.H. Dennis P: 4VIlaleh
Commissioner RECEIVED Executive Deputy Commissioner
Jh„ . .. •..,.J
January 11, 2005
Mr. Thomas W. Nace, P.E.
169 Haviland Road
Queensbury, NY 12804
JAN 2 4 2005
TOWN OF QUEENSBURY
PLANNING OFFICE
TOWN OF QUEE:±SEURY
PLANNING OFFICE
Re: Notice of Complete Application for a Realty Subdivision
Schaivone Subdivision
Town of Queensbury, Warren County
Dear Mr. e,/>�
This office of the Department of Health has received your application for the referenced Realty
Subdivision and has determined your application substantially complete. The application
package will be forwarded to our Troy office for review. You may call James Meacham, P.E. at
402-7650 in order to obtain the name of the reviewing engineer for this project.
If you have any questions, you may also call me at the Glens Falls District Office at 793-3893.
Sincerely,
Mike Shaw
Senior Sanitary Engineer
Cc: Thomas Schaivone, Applicant
Anita Gabalski, NYS DOH
Ben Pierson/Jim Meacham, NYS DOH
Kristen Sayers, NYS DOH
Town of Queensbury Planning Board
Thomas Schaivone, Town of Queensbury
121 West Mountain Road 742 Bay Road
Queensbury, NY 12804 Queensbury, NY 12804
Town of Queensbury Planning Board
Record of Resolution
Chris Hunsinger, Chairman
TO: Thomas Schiavone
121 West Mountain Road
Queensbury, NY 12804
DATE: October 18, 2005
Gretchen Steffan, Secretary
RE: Subdivision 4-2003
Thomas Schiavone
FINAL STAGE
The Queensbury Planning Board has reviewed the following request at the below stated meeting and
has resolved the following:
RESOLUTION NO. SUB 4-03
INTRODUCED BY: Gretchen Steffan
WHO MOVED ITS ADOPTION:
SECONDED BY: Thomas Ford
WHEREAS, an application has been make to this board for the following:
Applicant(s)
Thomas Schiavone
Subdivision
SUB 4-2003 [F]
Owner(s)
Anne Betters
SEQR Type
Unlisted
Agent(s)
Tom Noce, Noce Engineering
Jonathan Lopper, B P 5 R
Lot size
49.87 +/- acres
Location
South side Sherman Avenue
Zoning
SR-1A
Tax Id No.
308.7-1-2
Section
A-183
Cross Ref.
FW 6-2003
Public Hearin
12/16/03, 5/27/04, 7/27/04, 10/19/04, 9/20/05 [left open]: Tabled to 10/18/05
Project Description: Proposed 32-lot cluster subdivision, with lots ranging
29 acre common lot. Subdivisions of land require Planning Board approval.
from 0.46 acres to 0.79 acres with +/-
WHEREAS, the application was received: and
WHEREAS, the above is supported with all documentation, public comment, and application materials in
file of record.
WHEREAS, pursuant to Chapter A183, Subdivision of Land, A183-I0C, D of the Code of the Town of
Queensbury a public hearing was advertised and was held on 12/16/03, 5/27/04, 7/27/04, 10/19/04,
9/20/05,10/18/05;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
I
Town of Queensbury Planning Board
Record of Resolution
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, upon granting conditional approval of the final plat, the Planning Board shall empower a duly
designated officer to sign the plat upon compliance with such conditions and requirements as may be
stated in its resolution of conditional approval. Within five days of such resolution, the plat shall be
certified by the Chairman of the Planning Board as conditionally approved and a copy filed in the
Planning Office and a certified copy mailed to the subdivider. The copy mailed to the subdivider shall
include two findings sheets, one of which shall be signed by the applicant and returned to the Planning
Board. Such requirements which, when completed, will authorize the signing of the conditionally
approved final plat. Upon completion of such requirements to the satisfaction of the duly designated
office of the Planning Board, the plat shall be deemed to have received final approval, and such officer
shall sign the plat accordingly. Conditional approval of a final plat shall expire 180 days after the date
of the resolution granting such approval unless the requirements have been certified as completed
within that time. The Planning Board may, however, extend the time within which a conditionally
approved plat may be submitted for signature if, in its opinion, such extension is warranted in the
circumstances, for one or two additional periods of 90 days each. [Amended 6-3-19911
WHEREAS, the final plat shows exact location and depth of sewer and water
service. It has also set forth the exact layout and dimensions of proposed streets with the street
names and house numbers.
WHEREAS, final approval of the subdivision plat plan shall be limited to that phase
of the development currently pending before the Planning Board.
NOW, THEREFORE, BE IT RESOLVED, that
We find the following:
The application for Final State is hereby Approved according to the resolution prepared by Staff 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. A deed restriction be included with Lot One that no future subdivision or development of that
property take place, to limit that to the land that is west of the proposed road.
2. That the No Cut Buffer should be deed restricted in order to protect and preserve the
buffers.
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Town of Queensbury Planning Board
Record of Resolution
3. That the wetland mitigation will be constructed to the satisfaction of NY5 DEC and will be
constructed prior to the acceptance of all roads within the subdivision.
4. That prior to acceptance of all Town roads proposed barriers shown within the current Niagara
Mohawk right-of-way shall be constructed to the satisfaction of Niagara Mohawk.
5. That the applicant shall obtain any necessary permits from Niagara Mohawk for the
construction of the proposed roadway beneath Niagara Mohawk power lines.
6. That all property deeds shall contain a restriction stating that no dumping of yard clippings or
motorized access of Niagara Mohawk land occur.
7. That the reference to the easement between Lots 12 and 13 be removed from the plat.
8. That the reference to the four (4) foot wide drainage Swale be deed restricted on Lots 12 and
13,
9. That the No Cut Buffer be extended along the west property line through Lots 16 and 17.
10. Recreation fees in the amount of $ 500.00 per lot are applicable to this subdivision
modification.
11. No -Cut Buffer areas shall be field located by surveyor and flagged in a color that is different
from boundary markers.
12 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.
13. The plat must be filed with the County Clerk within 60 days of receipt by Planning Department
Staff of outside agency approvals noted.
14. Final, approved plans in compliance with this subdivision must be submitted to the Community
Development Dept. before any further review by the Zoning Administrator or Building & Codes
personnel. Subsequent issuance of further permits: including building permits are dependent
on receipt
15. All site related improvements, such as but not limited to landscaping and lighting, shown on
plans shall be complete within one year of obtaining a building permit, and no later than 6
months after receiving a building and codes certificate of occupancy.
Duly adopted this 18th day of October 2005 by the following vote:
AYES: Mr. Goetz, Mr. Sanford, Mr. Ford, Mrs. Steffan, Mr. Hunsinger,
NOES: None
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Town of Queensbury Planning Board
Record of Resolution
ABSENT: Mr. Seguljic, Mr. Metivier
Cc: Thomas Noce, Noce Engineering
Jonathan Lapper, Bartlett, Pontiff, Stewart & Rhodes
RESOLUTION ACCEPTING DEDICATION OF WESTBERRY WAY AND
WOODSHIRE COURT IN PINE RIDGE ESTATES SUBDIVISION
RESOLUTION NO. 546, 2004
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
BY: Mr. Roger Boor
WHEREAS, Burnt Hills, LLC has offered deeds to dedicate Westberry Way and Woodshire
Court in the Pine Ridge Estates Subdivision to the Town of Queensbury as described in a Survey
prepared by VanDusen & Steves, Land Surveyors, LLC, dated September 29, 2004, and
WHEREAS, the Town Highway Superintendent has inspected the roads, advised that the
roads are complete with binder and topcoat and has recommended their acceptance contingent upon
Burnt Hills, LLC completing the road proposed to be connected to the Schiavone Subdivision
within five years or by November 1", 2009, and addressing any necessary drainage easements, and
WHEREAS, the Town Highway Superintendent reviewed the subdivision map and
determined that there do not seem to be any necessary drainage easements for these two roads, and
WHEREAS, Burnt Hills, LLC has provided the Town with a $8,750 cash escrow to ensure
completion of the connector road to the Schiavone Subdivision by November ls', 2009, and
WHEREAS, the Town Water Superintendent has confirmed that installation of water mains
and appurtenances has been made in accordance with Town Water Department standards, and
WHEREAS, Burnt Hills, LLC has offered a deed to two parcels called "Avoidance Area"
and "Mitigation Area" to dedicate such property to the Town of Queensbury as described in the
Subdivision Plan/Survey prepared by Nace Engineering and VanDusen & Steves, Land Surveyors,
LLC, final revision date of March 17, 2004, and
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WHEREAS, the Town of Queensbury plans to use some or all of such property for Kamer
Blue Butterfly Habitat and to allow the New York State Department of Environmental
Conservation (DEC) to clear all or part of such property for such purpose, and
WHEREAS, Richard Schermerhom has agreed to remove three piles of garbage from the
Avoidance Area and Mitigation Area at his own expense when DEC is on such property for
construction and clearing, and
WHEREAS, the form of the deeds and title to the roads, Avoidance Area and Mitigation
Area offered for dedication have been reviewed by Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby accepts and approves the deed(s) for
dedication of Westberry Way and Woodshire Court in the Pine Ridge Estates Subdivision, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute,
sign and affix the Town seal to any and all documents necessary to complete the transaction
including an Escrow Agreement in form acceptable to Town Counsel and the Town Budget Officer,
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs Burnt Hills, LLC to record
the deed(s) in the Warren County Clerk's Office, after which time the deed(s) shall be properly filed
and maintained in the Queensbury Town Clerk's Office, and
i
BE iT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to add the
roads to the official inventory of Town Highways as follows:
Name: WestbeU Way
Road Number: 545
Description: Beginning at Upper Sherman Avenue and continuing a distance of 2300 feet
and .435 hundredths of a mile and ending at a dead end.
Feet: 2300' and .435 of a mile
Name: Woodshire Court
Road Number: 546
Description: Beginning at Upper Sherman Avenue and continuing in a southerly direction
a distance of 1125 feet and .213 hundredths of a mile and ending at
Westberry Way.
Feet: 1125' and .213 of a mile
Duly adopted this l't day of November, 2004, by the following vote:
AYES .
ABSENT:
NOES :
Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer
None
None