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1998-07-21 (Queensbury Planning Board Meeting 7/21/98) QUEENSBURY PLANNING BOARD MEETING FIRST REGULAR MEETING JULY 21, 1998 7:00 P.M. MEMBERS PRESENT CRAIG MAC EWAN, CHAIRMAN CATHERINE LA BOMBARD, SECRETARY ROBERT VOLLARO GEORGE STARK ROBERT PALING LARRY RINGER MEMBERS ABSENT TIMOTHY BREWER EXECUTIVE DIRECTOR -CHRIS ROUND PLANNER -LAURA NOWICKI TOWN COUNSEL -MILLER, MANNIX & PRATT, JEFF FRIEDLAND STENOGRAPHER -MARIA GAGLIARDI CORRECTION OF MINUTES May 21, 1998: NONE May 28, 1998: NONE MOTION TO APPROVE THE MINUTES OF MAY 21, 1998 AND MAY 28, 1998 , Introduced by Robert Paling who moved for its adoption, seconded by Robert Vollaro: st Duly adopted this 21 day of July, 1998, by the following vote: AYES: Mr. Paling, Mr. Stark, Mrs. LaBombard, Mr. Vollaro, Mr. Ringer, Mr. MacEwan NOES: NONE ABSENT: Mr. Brewer NEW BUSINESS: SITE PLAN NO. 40-98 TYPE: UNLISTED LINDA PACYNA OWNER: ANTHONY & KARI SIGNORELLI ZONE: SFR-1A LOCATION: 10 BAKER ROAD APPLICANT PROPOSES A PRE-SCHOOL. SITE PLAN REVIEW AND APPROVAL IS REQUIRED FOR A SCHOOL. TAX MAP NO. 90-3-8 LOT SIZE: 0.58 ACRES SECTION: 179- 20(3)(a)[1] MR. MAC EWAN-It’s been removed from our agenda, because our Planning Board does not have jurisdiction over the review of this, as it falls under State jurisdiction from the Department of Social Services, I do believe, and we have a letter we’d like read into the record, just to make this part of the public record. If there’s anyone here who was interested or representing this project, this Board will not be reviewing this application. On that note, I’ll let you read that letter in. MS. NOWICKI-Okay. I’m going to read the memorandum to Staff from Chris Round. MR. MAC EWAN-Yes. It would be appropriate, probably, to read them both. MS. NOWICKI-Okay. The memo, “Attached is correspondence from the NYS Office of Children and Family Services (OCFS) regarding Family & Group Family Day Care Homes. Our office requested clarification of the Town’s review authority or ability to regulate home day care type 1 (Queensbury Planning Board Meeting 7/21/98) facilities. The OCFS letter indicates the Town may not impose or apply any additional local fire safety, building, or zoning laws on Family Day Care Homes or Group Family Day Care Homes other than those it imposes on Single or Multi-Family Residences. Therefore, under our zoning ordinance an individual providing day care services (as defined below) in an existing residence is not subject to site plan review or variance requirements. A Family Day Care Home: day care services for 3 to 6 children for more than 3 hours/day. An additional 2 school age children for before or after school care. Group Family Day Care Home: day care services for 7 to 10 children but, not more than 4 children under 2 years of age. An additional 2 school age children for before or after school care.” And do you want me to read the letter from State of Service, or do you want me to date it? MR. MAC EWAN-Is there anyone here with interest to that application? I think it’s appropriate that you just tag it. MS. NOWICKI-Okay. The date of the letter is July 3, 1998, and it’s addressed to Mr. Round, and it’s from State of New York Office of Children and Family Services. MR. MAC EWAN-Okay. Thanks. All right. Moving right along. OLD BUSINESS: SITE PLAN NO. 23-97 EXTENSION EXIT 18 BUSINESS PARK REQUEST FOR A ONE YEAR EXTENSION (TO 8/30/99) OF APPROVED SITE PLAN FOR PROJECT ON BIG BOOM ROAD. MR. MAC EWAN-Any notes or anything that we need to have referenced? MS. NOWICKI-No, I didn’t make any notes. MR. MAC EWAN-And he just asked for a one year extension, and his reason is to do, according to his letter. Do you want to read his letter in? MS. NOWICKI-I’ll read his letter. It says, “To the Town of Queensbury Planning Board Dear Sir/Madam: We are writing you to request an extension of 1 year of Exit 18 Business Park’s approval for expansion. For the last year the economy in the greater Queensbury area has been weak but we are seeing a dramatic turn around in the last few months. Please advise if there is anything you need from us to facilitate this matter.” MR. MAC EWAN-Does somebody want to put a motion up? MOTION TO APPROVE AMERICAN VAN SERVICE’S REQUEST FOR AN EXTENSION OF ONE YEAR OF THE EXIT 18 BUSINESS PARK , Introduced by Robert Vollaro who moved for its adoption, seconded by George Stark: To 8/31/99. st Duly adopted this 21 day of July, 1998, by the following vote: AYES: Mr. Stark, Mrs. LaBombard, Mr. Vollaro, Mr. Ringer, Mr. Paling, Mr. MacEwan NOES: NONE ABSENT: Mr. Brewer NEW BUSINESS: SITE PLAN NO. 39-98 TYPE II RUSSELL PITTENGER OWNER: SAME ZONE: WR-1A LOCATION: BIRDSALL ROAD APPLICANT PROPOSES TO REPAIR DOCKS AND REPLACE COVERED BOAT SLIP WITH FLAT SUNDECK. SITE PLAN REVIEW AND APPROVAL IS REQUIRED FOR A PRIVATE BOATHOUSE AND COVERED DOCK. TAX MAP NO. 40-1-29 LOT SIZE: 0.79 ACRES SECTION: 179- 16 E(1)(2) RUSSELL PITTENGER, PRESENT 2 (Queensbury Planning Board Meeting 7/21/98) STAFF INPUT Notes from Staff, Site Plan No. 39-98, Russell Pittenger, Meeting Date: July 21, 1998 “Description of Project: The applicant proposes to construct a sundeck and repair an existing dock. Staff Comments: The applicant met with staff prior to submission to discuss the proposed project. The applicant’s proposal does not appear to cause a visual interference with neighboring properties. The proposed project meets the code requirements for the placement of a sundeck in WR-1A zone. Staff has no additional comments.” MR. MAC EWAN-Nothing from Rist-Frost, or anything like that? MS. NOWICKI-No. MR. MAC EWAN-Good evening. MR. PITTENGER-Good evening. My name is Russ Pittenger. Thank you. I’ve prepared some sketches, although I apologize for modifying the drawings mid way through. The second set, I indicated the change by a cloud. In terms of background, the camp where we spend our summers on Birdsall Road was constructed somewhere around 1954. It’s a rather challenging site. It has some 30 feet of grade change between the parking area and the camp, and another approximately 15 feet between the camp level and the lake itself. There are a number of mature trees there. We purchased the property in question, this is a photograph from last year of from the lake toward the property. We purchased the property in 1990. This will be our ninth summer there. We live in Saratoga Springs. My family is here with me, my wife Lynn and my children, our children. Since purchasing the property, and in some time the boathouse is racking and in need of repair. Periodically in the spring, and in the winter, we did experience some flooding of the dock due to the elevation of the dock. However, in the rains that we’ve had this particular spring, the water level raised quite dramatically, and we were in a situation where the board kept floating off and algae gets on the docks, and it was getting to be problematic. So, as we have matured in age and in interests, we have purchased a rather old pontoon boat, and it’s our desire to place the pontoon boat within the boathouse, and to facilitate that, what we would like to do, to address our desire for some sunlight, the elevation of the docks, and the width of the boathouse, is to incorporate them all in one fell swoop, and in taking the existing docks, the cribs, leaving the cribs where they are, pulling the docks apart by two additional feet, to create a 10 foot opening, seven, eight foot opening, and caning the dock widths at six feet, as they now exist, and the length’s at approximately 20, then replacing the 10 by 20 foot peaked roof boathouse with an approximately 20 feet wide by 20 with an extension to fit the 24 foot boathouse in, the pontoon boat in underneath, so a platform above would be at approximately the line of the existing dock, with a one foot overhang. So actually the whole thing’s getting two feet wider, and then the center of it would come out four feet longer than what exists. Taking advantage of the grade change, I anticipated ramping out with a walkway to that sundeck from the house level. So that would be accessed from above, and there are some plans we had to re-use the existing boathouse, but that really is not a part of this application. I don’t know if we’re going to do that or not. It doesn’t seem very feasible. MR. MAC EWAN-And you’re basically talking, the overall height is not to exceed 14 feet? MR. PITTENGER-That’s correct, with the railing included. I anticipate to try and keep the deck and support members as low profile as possible, perhaps using some steel to support, and the railing, to be a pipe rail, as unobtrusive as possible, not a wood rail with slats, but perhaps a pipe rail, with some kind of fencing or some kind of very minimal visual element. Because we enjoy the view from there also. So, contrary to many places on the lake, and many things that we’ve seen happen in the last seven years, we really value our trees. We value the shade. We’re just trying to get a little sun out there on the sundeck. MR. MAC EWAN-Any comments from your neighbors regarding the sundeck on top of the boathouse? MR. PITTENGER-Well, we did go to our neighbors, and I don’t think we hit them all, but we have 20 signatures representing some 12 households in the neighborhood, or within the 500 feet, that indicate their agreement with the proposed plan. MR. MAC EWAN-We’ll make it part of the record at the public hearing. Anything else? 3 (Queensbury Planning Board Meeting 7/21/98) MR. PITTENGER-No. MR. PALING-Just be careful of that 14 feet, though. That will be the maximum height, the top of your railing. MR. PITTENGER-I understand. MR. PALING-Yes. Okay. MR. PITTENGER-That’s from the water level. MR. PALING-It’s from the mean high water mark. MR. PITTENGER-Very good. MR. VOLLARO-The 10 by 20, we called it relocated boat slip cover, that’s not going to go, that roof is not going to be moved? That’s out of the picture? MR. PITTENGER-That’s correct, and I understand that that would be a Building Department issue anyway. The coverage, it was an idea at the time, and I’m basically not anticipating doing that at this time. MR. MAC EWAN-Okay. We have a public hearing scheduled tonight. If there’s anyone who’d like to come up and comment to this application, the microphone’s yours. Anyone one? PUBLIC HEARING OPENED MS. NOWICKI-Do you want me to read this in? This is a petition “We, the undersigned, support the application of Linda Whitty and Russell Pittenger to construct a new boathouse.” There are approximately 20 signatures on this list. MR. MAC EWAN-Okay. Any letters or anything that you’ve received? MS. NOWICKI-No. PUBLIC HEARING CLOSED MR. MAC EWAN-SEQRA? MR. STARK-Type II. MR. MAC EWAN-Type II, but why does he have one in his application, a Short Form? MS. NOWICKI-That’s just standard operating procedure. MR. MAC EWAN-Okay. All right. I’ll entertain a motion, if someone wants to put one on the table. MS. NOWICKI-Craig, I do have one letter. MR. MAC EWAN-We’ll go back and open up the public hearing one more time. PUBLIC HEARING RE-OPENED MS. NOWICKI-“Dear Planning Board Members: Please be advised that I reside at 113 Birdsall Road. In light of my trial schedule during this week, I will be unable to attend the public hearing on July 21, 1998. However, I do request that my comments as set forth herein, be entered into the record for the said hearing. I have no specific objections to the proposed scope of work, as the application is primarily to modify an existing boat house structure and dock. However, I do respectfully request that this Board in rendering its decision, be mindful not set any precedent which may relax the current standards for new boat house construction upon Glen Lake. I thank you in advance for your anticipated courtesy and cooperation in this regard and would request that I be notified of any tabled or adjourned dates regarding this matter. Very truly yours, DANIEL L. DOHERTY” 4 (Queensbury Planning Board Meeting 7/21/98) MR. MAC EWAN-Okay. No other letters hiding? MS. NOWICKI-No. PUBLIC HEARING CLOSED MR. MAC EWAN-Someone put a motion up. MOTION TO APPROVE SITE PLAN NO. 39-98 RUSSELL PITTENGER , Introduced by Robert Paling who moved for its adoption, seconded by George Stark: As written in the resolution. Whereas, the Town Planning Board is in receipt of Site Plan No. 39-98 RUSSELL PITTENGER to repair docks and replace covered boat slip with flat sundeck ; and Whereas, the above mentioned application, received 6/23/98, consists of the following: 1. Application w/10 drawings 2. Revised information - letter and drawings 3 thru 9 Whereas, the above file is supported with the following documentation: 1. 7/21/98 - Staff Notes 2. 7/1/98 - Letter to R. Pittenger from C. Round - Meeting notice Whereas, a public hearing was held on 7/21/98 concerning the above project; and Whereas, the Planning Board has determined that the proposal complies with the site plan requirements of the Code of the Town of Queensbury (Zoning); and Whereas, the Planning Board has considered the environmental factors found in the Code of the Town of Queensbury (Zoning); and Whereas, the requirements of the State Environmental Quality Review Act have been considered; and 1. The Town Planning Board, after considering the above, hereby moves to APPROVE Site Plan No. 39-98, RUSSELL PITTENGER. 2. The applicant shall present three (3) copies of the above referenced site plan to the Zoning Administrator for his signature. 3. The Zoning Administrator is hereby authorized to sign the resolution. 4. The applicant agrees to the conditions set forth in this resolution. 5. The conditions shall be noted on the map. 6. The issuance of permits is conditioned on compliance and continued compliance with the Zoning Ordinance and site plan approval process. Duly adopted this 21st day of July, 1998, by the following vote: AYES: Mr. Vollaro, Mr. Ringer, Mr. Paling, Mr. Stark, Mrs. LaBombard, Mr. MacEwan NOES: NONE ABSENT: Mr. Brewer MR. MAC EWAN-You’re all set. MR. PITTENGER-Thank you. 5 (Queensbury Planning Board Meeting 7/21/98) MR. MAC EWAN-You’re welcome. SITE PLAN NO. 38-98 TYPE II ANN MURPHY OWNER: SAME ZONE: WR-1A, C.E.A. APPLICANT PROPOSES ADDITION OF A 2 CAR GARAGE WITH STORAGE AREA ABOVE, BATHROOM OFF SECOND FLOOR LOFT, AND A MUDROOM. SITE PLAN REVIEW AND APPROVAL IS REQUIRED FOR ANY ENLARGEMENT OF A NONCONFORMING STRUCTURE IN A C.E.A. CROSS REFERENCE: AV 1269, AV 38-1998 WARREN CO. PLANNING: 7/8/98 TAX MAP NO. 137-2-9.32 LOT SIZE: 0.34 AC. SECTION: 179-16, 179-79 ANN MURPHY, PRESENT STAFF INPUT Notes from Staff, Site Plan No. 38-98, Ann Murphy, Meeting Date: July 21, 1998 “Description of Project: The applicant proposes to expand a non-conforming residential structure with the addition of a two car garage with storage area above, a mud room and a second bath within the WR-1A zone. Staff Comments: The staff met with the applicant at the site to discuss the proposed project. The applicant has received an area variance for setback relief. The application complies with the site plan requirements for the proposed expansion. Staff has no additional comments.” MR. MAC EWAN-Nothing from Rist-Frost? MS. NOWICKI-No. Good evening. MISS MURPHY-Hi. I’m Ann Murphy. My home is smaller than his boathouse. Right now, I have to go outdoors in the winter time and shovel the hatch way to do my laundry in the basement. I have arthritis in my lower spine, and I have diabetes, and I’m not getting any younger, and I just need, I don’t know if any of you visited the site or went around onto the deck to see the view. There is nowhere else I can go for that. It’s a spectacular place to live. I just need a little bit more room. At the hearing last Wednesday, before the Zoning Board, my neighbors came, who own the road and live next to me, and recommended approval of it. There really isn’t anyone else that can see my property, other than from the water, because it’s 500 feet in on a private road, and I’m just hoping that it’s approved. MR. MAC EWAN-Okay. MR. PALING-Is there something from Warren County Planning we should know about? MISS MURPHY-Warren County Planning was the first hearing that I went to, and they said there was no impact. MS. NOWICKI-You have that in your documents. MR. PALING-Okay. That’s all. MR. MAC EWAN-Okay. We’ll open the public hearing. Does anyone want to come up and comment regarding this application? PUBLIC HEARING OPENED NO COMMENT PUBLIC HEARING CLOSED MR. MAC EWAN-Okay. It’s a Type II. There’s no SEQRA required. If someone wants to put a motion up on the table, I’ll entertain it. MOTION TO APPROVE SITE PLAN NO. 38-98 ANN MURPHY , Introduced by Robert Paling who moved for its adoption, seconded by George Stark: As written in the resolution. 6 (Queensbury Planning Board Meeting 7/21/98) Whereas, the Town Planning Board is in receipt of Site Plan No. 38-98 ANN MURPHY for addition of a 2 car garage with storage area above, bathroom off second floor loft, and a mudroom; and Whereas, the above mentioned application, received 6/23/98, consists of the following: 1. Application w/drawings Whereas, the above file is supported with the following documentation: 1. 7/21/98 - Staff notes 2. 7/15/98 - ZBA resolution 3. 7/8/98 - Warren Co. Planning Bd. Resolution 4. 6/29/98 - Letter to A. Murphy from C. Round - Meeting notice Whereas, a public hearing was held on 7/21/98 concerning the above project; and Whereas, the Planning Board has determined that the proposal complies with the site plan requirements of the Code of the Town of Queensbury (Zoning); and Whereas, the Planning Board has considered the environmental factors found in the Code of the Town of Queensbury (Zoning); and Whereas, the requirements of the State Environmental Quality Review Act have been considered; and 1. The Town Planning Board, after considering the above, hereby moves to APPROVE Site Plan No. 38-98, ANN MURPHY. 2. The applicant shall present three (3) copies of the above referenced site plan to the Zoning Administrator for his signature. 3. The Zoning Administrator is hereby authorized to sign the resolution. 4. The applicant agrees to the conditions set forth in this resolution. 5. The conditions shall be noted on the map. 6. The issuance of permits is conditioned on compliance and continued compliance with the Zoning Ordinance and site plan approval process. st Duly adopted this 21 day of July, 1998, by the following vote: AYES: Mr. Ringer, Mr. Paling, Mr. Stark, Mrs. LaBombard, Mr. Vollaro, Mr. MacEwan NOES: NONE ABSENT: Mr. Brewer MR. MAC EWAN-You’re all set. MISS MURPHY-Thank you very much, and I’d like to thank Laura Nowicki for helping me out so much. I really appreciate it. Thank you. MS. NOWICKI-You’re welcome. OLD BUSINESS: SITE PLAN NO. 32-98 TYPE: UNLISTED OREST BOYCHUK OWNER: SAME ZONE: PC-1A LOCATION: DIX AVENUE PROPOSAL IS A 40’ X 100’ ADDITION (4,000 SQ. FT.) TO REAR OF J. ALLEN FURNITURE STORE TO INCREASE SHOWROOM AND STOCK ROOM AREAS. ALL LAND USES IN PC ZONES ARE SUBJECT TO REIVEW AND APPROVAL BY THE PLANNING BOARD. CROSS 7 (Queensbury Planning Board Meeting 7/21/98) REFERENCE: P9-93, BP 86-116, AV 40-1998 WARREN CO. PLANNING: 6/10/98 TAX MAP NO. 110-1-1.25 LOT SIZE: 43,350 SQ. FT. SECTION: 179-22 BILL TROMBLEY & OREST BOYCHUK, PRESENT rd MRS. LA BOMBARD-And the public hearing from June 23 was tabled. STAFF INPUT Notes from Staff, Site Plan No. 32-98, Orest Boychuk, Meeting Date: July 21, 1998 “Description of Project: Site Plan No. 32-98 was tabled pending an area variance review for setback relief. The applicant proposes a 4,000 square foot addition to an existing 6,000 square foot furniture store. The addition will be used for display area and storage. Staff Comments: At the June 23, 1998 meeting the applicant was requested to supply staff with information in regards to stormwater management and septic system compatibility. The application complies with the site plan requirements. Staff has no further comments.” MS. NOWICKI-The applicant has submitted a letter from the engineer regarding stormwater management and septic system. I will read in the engineer’s letter. It’s addressed to Mr. Round. “I was given your letter of July 8, 1998, by William Trombley, regarding an addition to the J. Allen Furniture Store on Dix Avenue. I have been informed by Bill Trombley that no expansion of the existing septic system is planned. There will remain only one on-site employee, and the septic system will not be altered, moved or enlarged. As to the stormwater management plans, I have not had time to do any extensive evaluation of stormwater impact as a result of this project. From preliminary observations of the area involved, only “green” surfaces will remain in the back of this property after the addition. All ground surface to the Quaker Road side of this store will remain the grassy area it is now—there will be no additional parking (blacktop) at the rear of the addition. Although 4,000 sq. ft. of “backyard” will be used by the addition, there should be ample ground area for absorption of stormwater. None of the furniture store side and rear surface areas drain directly onto Dix Ave. I will be out of town until July 21. If you and/or your Town Engineer wish to discuss stormwater in this area, I will be glad to do so when I return. Sincerely yours, William E. Montgomery, Jr., PE” MR. MAC EWAN-We’re all set, though, as far as Rist-Frost and the review of stormwater management and everything else? MS. NOWICKI-Yes. MR. MAC EWAN-The only other question I guess I have is that, it was just pointed out to me, on the Zoning Board of Appeals application, was for 4400 square foot addition. Just a small change in the actual square footage, but. MS. NOWICKI-They did it that way so that they would not have to come back through the process to expand their business, for an extra 400 square feet. MR. MAC EWAN-Okay. Enough said. Good evening. MR. BOYCHUK-Good evening. I’m Orest Boychuk, and I’m the owner of the property on Dix Avenue. MR. TROMBLEY-I’m Bill Trombley. I’m the contractor. MR. MAC EWAN-I think the only outstanding issue that we really had from last month was getting that stormwater management plan. Is that not correct? MS. NOWICKI-That’s correct. MR. MAC EWAN-And we met everything that we were looking for. MR. VOLLARO-The last time they came before us, weren’t they going to tie into the sewer program that Hess was putting together, or not? MR. BOYCHUK-If that goes through. Right now, they’re undecided whether they’re going through on our side of the road or on the K-Mart side. 8 (Queensbury Planning Board Meeting 7/21/98) MR. VOLLARO-Okay. So that’s out of the picture now? You’re not, you’re just not going to change your septic system at all? You’re not planning to tie into that? MR. BOYCHUK-No. If they go through and it’s feasible for us to tie in, we will tie in, but we’re not adding on any additional bathrooms. MR. TROMBLEY-No additional bathrooms. MR. MAC EWAN-Your addition was just primarily storage and showroom area. MR. BOYCHUK-Storage and showroom. MR. TROMBLEY-The reason for that additional 10 foot by 40, coming off the west end of the building, that would be for a more direct route for the trucks to back in, to unload furniture. Right now when they back in, they cannot back in and turn around to the side of the building, which means furniture would have to be unloaded in snow, rain, as it is now. Where if you had that additional 10 foot coming by the building, then they could back up straight, unload it right into there, it goes right into the stockroom. MR. MAC EWAN-Okay. Anything that you folks wanted to add? Okay. We left the public hearing open. Is there anyone who wants to comment on this application? PUBLIC HEARING OPEN NO COMMENT PUBLIC HEARING CLOSED MR. MAC EWAN-We need to do a SEQRA, Short Form. RESOLUTION WHEN DETERMINATION OF NO SIGNIFICANCE IS MADE RESOLUTION NO. 32-98 , Introduced by Catherine LaBombard who moved for its adoption, seconded by Robert Vollaro: WHEREAS, there is presently before the Planning Board an application for: OREST BOYCHUK , and WHEREAS, this Planning Board has determined that the proposed project and Planning Board action is subject to review under the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED: 1. No Federal agency appears to be involved. 2. The following agencies are involved: NONE 3. The proposed action considered by this Board is Unlisted in the Department of Environmental Conservation Regulations implementing the State Environmental Quality Review Act and the regulations of the Town of Queensbury. 4. An Environmental Assessment Form has been completed by the applicant. 5. Having considered and thoroughly analyzed the relevant areas of environmental concern and having considered the criteria for determining whether a project has a significant environmental impact as the same is set forth in Section 617.11 of the Official Compilation of Codes, Rules and Regulations for the State of New York, this Board finds that the action about to be undertaken by this Board will have no significant environmental effect and the Chairman of the Planning Board is hereby authorized to execute and sign and file as may be necessary a statement of non-significance or a negative 9 (Queensbury Planning Board Meeting 7/21/98) declaration that may be required by law. st Duly adopted this 21 day of July, 1998, by the following vote: AYES: Mr. Vollaro, Mr. Ringer, Mr. Paling, Mr. Stark, Mrs. LaBombard, Mr. MacEwan NOES: NONE ABSENT: Mr. Brewer MR. MAC EWAN-Would someone make a motion. MOTION TO APPROVE SITE PLAN NO. 32-98 OREST A. BOYCHUK , Introduced by Robert Vollaro who moved for its adoption, seconded by Catherine LaBombard: As written in the resolution. In addition to that, the applicant has to submit an updated plot plan, to be received by Staff prior to issuance of a building permit. Whereas, the Town Planning Board is in receipt of Site Plan No. 32-98 OREST A. BOYCHUK ; and Whereas, the above mentioned application, received 5/27/98, consists of the following: 1. Application 2. Map - Drawing 98-2 dated 5/26/98 Whereas, the above file is supported with the following documentation: 1. 7/21/98 - Staff Notes 2. 7/15/98 - Qu. ZBA resolution 3. 7/10/98 - Letter from William Montgomery 4. 7/8/98 - O. Boychuk from C. Round 5. 6/29/98 - O. Boychuk from C. Round - Meeting notice 6. 6/23/98 - Staff Notes 7. 6/18/98 - S. Garvey to Planning Bd. in support 8. 6/15/98 - Fax to O. Boychuk from L. Nowicki 9. 6/10/98 - Warren Co. Planning Bd. resolution 10. 6/4/98 - O. Boychuk from C. Round - Meeting notice 11. 6/2/98 - Letter to O. Boychuk from L. Nowicki Whereas, a public hearing was held on 6/23/98 and 7/21/98 concerning the above project; and Whereas, the Planning Board has determined that the proposal complies with the site plan requirements of the Code of the Town of Queensbury (Zoning); and Whereas, the Planning Board has considered the environmental factors found in the Code of the Town of Queensbury (Zoning); and Whereas, the requirements of the State Environmental Quality Review Act have been considered; and 1. The Town Planning Board, after considering the above, hereby moves to APPROVE Site Plan No. 32-98 OREST A. BOYCHUK. 2. The applicant shall present three (3) copies of the above referenced site plan to the Zoning Administrator for his signature. 3. The Zoning Administrator is hereby authorized to sign the resolution. 4. The applicant agrees to the conditions set forth in this resolution. 5. The conditions shall be noted on the map. 10 (Queensbury Planning Board Meeting 7/21/98) 6. The issuance of permits is conditioned on compliance and continued compliance with the Zoning Ordinance and site plan approval process. 7. Engineering fees to be paid prior to issuance of a building permit. Duly adopted this 21st day of July, 1998, by the following vote: AYES: Mrs. LaBombard, Mr. Vollaro, Mr. Ringer, Mr. Paling, Mr. Stark, Mr. MacEwan NOES: NONE ABSENT: Mr. Brewer MR. MAC EWAN-You’re all set, gentlemen. MR. TROMBLEY-Thank you very much. MR. BOYCHUK-Thank you very much. SITE PLAN NO. 9-98 TYPE: UNLISTED MODIFICATION NUTECH REALITY/TIM BARBER BIG APPLE RENTAL & SALES OWNER: SAME ZONE: HC-1A LOCATION: 437 DIX AVENUE APPLICANT PROPOSES MODIFICATIONS TO APPROVED SITE PLAN. CROSS REFERENCE: AV 42-1998 WARREN CO. PLANNING: 3/11/98 TAX MAP NO. 110-1-13 LOT SIZE: 1.728 ACRES SECTION: 179-23 TIM BARBER, REPRESENTING APPLICANT, PRESENT rd MRS. LA BOMBARD-The public hearing on June 23 was tabled. STAFF INPUT Notes from Staff, Site Plan No. 9-98, Nutech Reality/Tim Barber/Big Apple, Modification, Meeting Date: July 21, 1998 “Description of Project: Site Plan 9-98 - Modification was tabled at the June 23, 1998 Planning Board meeting pending Zoning Board review of an area variance for setback relief. Staff Comments: The applicant was requested to remove the remaining rubbish and garbage from the display area. In addition, the applicant was to apply for temporary sign permits for all the signs on the site that are applicable, such as the suburban propane, the signs on the bounce house, etc. The applicant has not removed all of the rubbish nor has the applicant applied for any temporary sign permits. Staff would recommend that the remaining rubbish, or items not for sale or rent be stored so as not to be seen from the roadway or neighboring properties.” MS. NOWICKI-He did receive an Area Variance 42-1998. MR. MAC EWAN-Is that it? MS. NOWICKI-Yes. MR. MAC EWAN-Good evening. MR. BARBER-Tim Barber. MR. MAC EWAN-I’ll ask the thousand dollar question. “In addition, the applicant was to apply for temporary sign permits….” , and went on to say here, “The applicant has not yet removed all the rubbish, nor has the applicant applied for temporary sign permits.” As of today, have we do either and/or both? MR. BARBER-I don’t know about the rubbish. It’s all removed as far as I know, unless there’s something out there that I don’t know about. The sign permit, I didn’t do that. I actually forgot about the suburban propane sign, but I’ll do that tomorrow morning. That slipped my mind. MR. MAC EWAN-Okay. What is the “rubbish” that Staff is referring to? MS. NOWICKI-There were blocks and pallets. I think that was the majority of it. 11 (Queensbury Planning Board Meeting 7/21/98) MR. BARBER-Who went out and inspected? Did you, Laura? MS. NOWICKI-When I wrote my Staff Notes, there were still items on the property. MR. BARBER-When was that? MS. NOWICKI-A week ago. MR. BARBER-Yes. The cement blocks, and there is like five or six pallets that we have topped with plywood. Are those the ones you’re referring to? They move our bounce houses around. They’re stacked up neatly over in the corner, and the blocks are, they use those for certain staging, but that’s all. Everything else has been removed. MS. NOWICKI-Okay. MR. MAC EWAN-Everything else as far as the original site plan approval has been met? MS. NOWICKI-You have to discuss the fence. MR. MAC EWAN-Good. Lets take it one at a time. The fence, lets discuss the fence. It was to run 80 feet? MS. NOWICKI-Three hundred. MR. MAC EWAN-Three hundred feet on the back side, and you’ve put up how much of it? MR. BARBER-I think it’s 170 feet, Craig. I ran it 40 feet into the woods past the neighbor’s property. Let me just grab my print, here. The fence is approximately 176 foot, or 176 feet long as this point. It’s from approximately 40 feet past my northerly neighbor’s northwesterly boundary, or southwesterly boundary, and I was asking relief until next year. I think that’s what my letter said, for the rest of it, just for budgetary reasons, and I think we discussed that last meeting there. MR. MAC EWAN-So we’re how short now from extending it it’s full length? MR. BARBER-Probably about 100 feet, it looks like. MR. MAC EWAN-What else, Laura? MS. NOWICKI-That was the only item. MR. MAC EWAN-Is the fence. MS. NOWICKI-He’s addressed plantings. MR. MAC EWAN-Satisfactorily? MS. NOWICKI-Yes, and he’s addressed parking. MR. MAC EWAN-Satisfactorily? MS. NOWICKI-Yes. MR. MAC EWAN-And then the only thing left was his. MR. ROUND-The trailers they got taken care of, and then that was it. MS. NOWICKI-That was it. MR. MAC EWAN-What was that? MS. NOWICKI-The location of the trailers were all approved by the Area Variance, five trailers on the site. The only other thing that we had addressed last time was the concrete curb cuts within the buffer area, and those have been taken care of. 12 (Queensbury Planning Board Meeting 7/21/98) MR. MAC EWAN-Okay. We all got squared away then, there was concerned with the mound planting in the back northeast corner of the property? We’re all in agreement on that? MS. NOWICKI-Yes. MR. MAC EWAN-Okay. So we’re 100 feet shy. So basically what you’re looking for, that we can really deal with tonight, is the modification of granting you less than 100 feet on the fence that we were looking for? MR. BARBER-Yes, correct. We’re looking to either purchase that piece of property within the next year, or put up the remaining fence within the next year. That runs right into the woods there. MR. MAC EWAN-And all temporary sign permit applications have been submitted to the Town, with the exception of the one for the LP gas? MR. BARBER-No, that hasn’t been put up yet, either. I took the ones off the scaffolding. I forgot about the LP one. It slipped my mind. We’ll take it down in the morning and put in a permit to get it taken care of first thing in the morning. MR. MAC EWAN-Okay. I guess, this is just maybe my own curiosity, and this is directed toward our legal counsel. During the evolution of this application, and I don’t have in front of me the original application, but I’ve seen things go from Nutech Reality to Nutech Industries, to Big Apple Rental. Who is the applicant, and how does it work with all these different names that appear on here? MR. FRIEDLAND-I don’t know who the applicant is. Who’s on the application? Whoever is on the application is the applicant. MR. MAC EWAN-It’s a curious question. I’m certainly not trying to muddy up the waters. MS. NOWICKI-Nutech Realty. MR. MAC EWAN-Nutech Realty. Okay. MR. RINGER-We were over there last week, and Tim has moved the stuff that he said he moved, and it looked pretty good, Tim, and the trailers painted looked good, also. MR. BARBER-Thanks. MR. MAC EWAN-Does Staff have anything they want to add? MS. NOWICKI-No. MR. MAC EWAN-Okay. Does someone want to make a motion? MOTION TO APPROVE MODIFICATION OF SITE PLAN NO. 9-98 NUTECH REALTY LLC/BIG APPLE RENTAL & SALES , Introduced by George Stark who moved for its adoption, seconded by Larry Ringer: That the modification is not of a magnitude to negatively effect the original SEQRA determination. Relief from putting up the final 100 feet of fence, until July 31, 1999 to either complete the fence or buy the property, or come back and ask for another modification or extension, and that this is contingent upon him making an application tomorrow morning for a sign permit for his temporary sign for the LP Gas, or permanent sign permit. Whereas, the Town Planning Board is in receipt of a Modification request for Site Plan No. 9-98 NUTECH REALTY, LLC/BIG APPLE RENTAL & SALES ; and Whereas, the above mentioned application, received 5/27/98, consists of the following: 1. Letter requesting modifications 2. Map dated 5/23/96, revised 4/16/98, revised 6/21/98 (rec’d 6/22/98). Whereas, the above file is supported with the following documentation: 13 (Queensbury Planning Board Meeting 7/21/98) 1. 7/21/98 - Staff Notes 2. 7/15/98 - ZBA resolution 3. 6/29/98 - Letter to T. Barber from C. Round - Meeting notice 4. 6/23/98 - Planning Board resolution - table 5. 6/23/98 - Staff notes 6. 6/22/98 - Letter to C. Round w/map from T. Barber - in response to letter 6/19/98 7. 6/22/98 (rec’d) - 1998 Rental Rates 8. 6/20/98 - Fax to L. Nowicki/C. Round requesting tapes of meetings 9. 6/19/98 - Letter to T. Barber from L. Nowicki 10. 6/19/98 - Fax to T. Barber from L. Nowicki 11. 6/19/98 - Memo to L. Nowicki from K. Grant - Fire Marshal 12. 6/18/98 - Planning Bd. Resolution - table 13. 6/18/98 - Staff notes 14. 6/18/98 - Fax to T. Barber 15. 6/1/98 - Letter to T. Barber from C. Round 16. 6/4/98 - Letter to T. Barber from C. Round - Meeting notice 17. 5/27/98 - Record of Phone Conversation - L. Nowicki & T. Barber 18. 5/27/98 - Letter to C. Round from T. Barber Whereas, a public hearing was not held for the modification; and Whereas, the Planning Board has determined that the proposal complies with the site plan requirements of the Code of the Town of Queensbury (Zoning); and Whereas, the Planning Board has considered the environmental factors found in the Code of the Town of Queensbury (Zoning); and Whereas, the requirements of the State Environmental Quality Review Act have been considered; and 1. The Town Planning Board, after considering the above, hereby moves to APPROVE Site Plan No. 9-98 NUTECH REALTY/BIG APPLE RENTAL AND SALES. 2. The applicant shall present three (3) copies of the above referenced site plan to the Zoning Administrator for his signature. 3. The Zoning Administrator is hereby authorized to sign the resolution. 4. The applicant agrees to the conditions set forth in this resolution. 5. The conditions shall be noted on the map. 6. The issuance of permits is conditioned on compliance and continued compliance with the Zoning Ordinance and site plan approval process. th Duly adopted this 28 day of May, 1998, by the following vote: AYES: Mr. Ringer, Mr. Paling, Mr. Stark, Mrs. LaBombard, Mr. Vollaro, Mr. MacEwan NOES: NONE ABSENT: Mr. Brewer MR. MAC EWAN-You’re all set. MR. BARBER-Thank you. SUBDIVISION NO. 6-1998 SKETCH PLAN TYPE: UNLISTED PAUL KNOX, III OWNER: SAME ZONE: WR-1A LOCATION: BAY PARKWAY ROAD APPLICANT PROPOSES TO SUBDIVIDE LOT 1 OF THE SUNSET HILL FARM SUBDIVISION INTO TWO LOTS OF 3.85 AC. AND 1.00 ACRES. CROSS REFERENCE: SUBDIVISION 11-1991 TAX MAP NO. 7-1-16.1 LOT SIZE: 4.98 ACRES SECTION: SUBDIVISION REGS 14 (Queensbury Planning Board Meeting 7/21/98) PAUL KNOX, PRESENT STAFF INPUT Notes from Staff, Subdivision No. 6-1998 - Sketch, Paul Knox, III, Meeting Date: July 21, 1998 “Description of Project: Sketch Plan - was tabled at the June 23, 1998 meeting. The Board wanted to review the minutes for Subdivision No. 11-1991 which contains the proposed subdivision. Staff Comments: The Zoning Administrator’s letter of June 4, 1998 indicates the applicant is allowed to present the proposed project at sketch plan stage. Staff has reviewed the minutes and also concludes the applicant is able to present a proposed sketch plan of the subdivision. Staff has no additional comments.” MR. MAC EWAN-Good evening. MR. KNOX-Good evening. MR. MAC EWAN-How about giving us a quick refresher. MR. KNOX-Okay. For the record, my name is Paul Knox, and I was here last month, on a Sketch Plan basis, to discuss my proposal to further subdivide, I should say subdivide Lot No. 1 of my Sunset Hill Farm into two lots. As you know, the subdivision is a seven lot subdivision that was approved back in 1993, and at that time, I planned on keeping Lot One forever, for my family, and I’ve since decided this spring that I just can’t hold onto all of it. So what I propose to do is, this is Lot One. It’s an odd shaped lot. It goes across Knox Road, and what I propose to do is just draw a line from this corner, over here, creating a one acre lot here, which a neighbor of mine has already agreed to buy, and my plan is to keep this remaining essentially four acres. MR. MAC EWAN-Where do you propose to put that lot line, to create that? MR. KNOX-Right here. MR. MAC EWAN-That way? MR. KNOX-Yes. MR. MAC EWAN-Okay. Will that parcel now become landlocked? MR. KNOX-No. This faces Harris Bay. There’s an existing dock here. MR. MAC EWAN-Landlocked I mean from the standpoint of access to it, other than from the lake? MR. KNOX-No. You’ve got Assembly Point Road running right in front of it, right along here. MR. MAC EWAN-Okay. Let me get my bearings. MR. KNOX-So the road, you know, everybody knows where John McCall’s property is, it’s down here. It runs along Harris Bay. So this, essentially, cuts across the front lawn of all these properties here. MRS. LA BOMBARD-Paul, would you show me where Knox Road comes off from Assembly Point Road? MR. KNOX-Sure. They come apart at here, but it begins right here. MRS. LA BOMBARD-That’s what I thought. I like the other map better. MR. KNOX-I’ve got that, too, if you’d like to look at it. MRS. LA BOMBARD-Yes. I wish they had completed that there. MR. KNOX-Yes, that, it comes in here. Jean Hoffman’s house is here. Bill Bernard’s house is here, and you cut into Knox Road. It comes down here, and essentially dead ends down here. 15 (Queensbury Planning Board Meeting 7/21/98) MRS. LA BOMBARD-Yes. We drove down there. MR. KNOX-Dennis MacElroy’s family owns down here. So what I propose doing is creating a one acre lot here, and retaining this lot here. So, essentially what I’m doing is I’m taking a seven lot subdivision and increasing it by one. So there’d be a total of eight lots. MRS. LA BOMBARD-Show us your frontage, that you will have when you create, your lake frontage. MR. KNOX-It’s over here. Right here, in this cove. MRS. LA BOMBARD-Right there. That’s what I thought. Okay. MR. MAC EWAN-Now the parcel that will be on the other side of the road there, that kind of odd shaped, toward you. MR. KNOX-This here? MR. MAC EWAN-Yes, that portion. How big is that approximately? MR. KNOX-Well, originally, if you go through the lengthy proceedings back in ’91, ’92 and ’93. MR. MAC EWAN-We did. MR. KNOX-I did it twice, and the first time I made the mistake of picking it up at 10 o’clock at night, while I was watching the baseball All Star game, and I finished at 2:30 and I couldn’t get to sleep until about four, but this originally Lot Seven was two lots, and Lot Six was two lots and this, originally, was a lot as well. So originally it was a 10 lot subdivision, and what evolved was eventually getting down to seven lots, going from 10 down to seven. MR. MAC EWAN-That one parcel, how big is it, though, acreage wise? MR. KNOX-Which one, this one here? MR. MAC EWAN-Yes. MR. KNOX-It’s 2.126 acres. MR. MAC EWAN-So, basically you’re adding two more lots. MR. KNOX-I struggled with coming to you folks and saying, okay, I’d like to take this one odd shaped lot and create three lots, and keep, essentially, this right here, which is almost two acres, and I just decided not to because I’m not ready to give up this land because it’s so close to my property here. MR. MAC EWAN-So what we’re really looking at here is a three lot subdivision, primarily? MR. KNOX-Two. This is all one lot. It’s an odd shaped lot. I’ll grant you. MR. MAC EWAN-Yes. I keep thinking of the road as separating it and making another lot, but it’s not. MR. KNOX-It’s not. MR. MAC EWAN-That’s right. We went down that road before. Okay. I guess we can move you on to Preliminary. Words of encouragement would be that if you are looking to have any waivers. MR. ROUND-Identify any waivers that you need from our Subdivision requirements, whether you’re not going to present topo on the maps. MR. KNOX-I was going to ask you if I could get relief from that. MR. MAC EWAN-Do it in the form of a letter to Staff, with your application, at Preliminary. 16 (Queensbury Planning Board Meeting 7/21/98) MR. KNOX-Okay. MR. STARK-Two more meetings or just one, for Preliminary and Final, or do them both at the same? MR. MAC EWAN-No. We should be able to, barring any unforeseen circumstances, do it in one meeting. MR. KNOX-That would be wonderful. Okay. Very good. Thank you. MR. MAC EWAN-Very good. Okay. MR. STARK-I have a question for Staff. Laura, when someone comes in for a subdivision, and we do the Preliminary and the Final in the same night, I know they have to request that, but does that affect the effective application that they make, or do they have to put down that they want to do both in one night, or what? MS. NOWICKI-No, they’d have to fill out Preliminary and Final. MR. STARK-Fill out both parts. MS. NOWICKI-Both parts, so we don’t have a combined one, no. MR. STARK-Okay. That’s what I was just wondering. MR. MAC EWAN-Is that it? Any other Board business? Staff business? MS. NOWICKI-You have to open up the Monsour project, to table, because a public hearing is tonight. MR. MAC EWAN-No public hearing was scheduled. MS. NOWICKI-I guess there’s not. I’m sorry. MR. MAC EWAN-Is that it? Okay. I’ll make a motion to adjourn. MR. VOLLARO-I’ll second it. On motion meeting was adjourned. RESPECTFULLY SUBMITTED, Craig MacEwan, Chairman 17