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1998-06-18 SP (Queensbury Planning Board Meeting 6/18/98) QUEENSBURY PLANNING BOARD MEETING SPECIAL MEETING JUNE 18, 1998 7:00 P.M. MEMBERS PRESENT CRAIG MAC EWAN, CHAIRMAN CATHERINE LA BOMBARD, SECRETARY ROBERT PALING GEORGE STARK LARRY RINGER TIMOTHY BREWER ROBERT VOLLARO SENIOR PLANNER -SUSAN CIPPERLY PLANNER- LAURA NOWICKI TOWN COUNSEL -MILLER, MANNIX & PRATT-MARK SCHACHNER STENOGRAPHER -MARIA GAGLIARDI NOTE: WHAT FOLLOWS IS A SUMMARY OF THE MINUTES OF THE QUEENSBURY PLANNING BOARD MEETING OF JUNE 18, 1998, AS THE TAPE RECORDER USED TO RECORD THE MEETING WAS DAMAGED. NEW BUSINESS: SUBDIVISION NO. 5-1998 PRELIMINARY AND FINAL TYPE: UNLISTED GEORGE & JANE LEHMANN OWNER: SAME ZONE: RR-5A, SFR-1A LOCATION: 300’ WEST OF WESTERLY ENTRANCE TO LEHLAND ESTATES ON SOUTH SIDE OF WEST MT. RD. APPLICANT PROPOSES TO SUBDIVIDE A 14.35 ACRE PARCEL INTO 2 LOTS OF 3.37 AC. AND 10.98 ACRES. TAX MAP NO. 74-1- 30.1 LOT SIZE: 14.35 ACRES SECTION: SUBDIVISION REGULATIONS DAVID LEHMANN & JANE LEHMANN, PRESENT STAFF INPUT Notes from Staff, Subdivision No. 5-1998 - Preliminary & Final, George and Jane Lehmann, Description of Project: Meeting Date: June 18, 1998 “ To subdivide a 14.35 acre parcel into 2 Staff Comments: lots of 13.37 ac. and 10.98 acres. The applicant proposes a two lot subdivision of an area that is split zoned, SFR-1A and RR-5A. Planning Board review is required for this subdivision because the property was part of a previous subdivision (Lehland Estates). The applicant has submitted an application that meets the Subdivision Requirements for preliminary and final stages. The proposed subdivision is a natural split because of the roadway and is consistent with the current land uses in the area. Staff has no additional concerns.” DAVID LEHMANN - Grandson of Jane Lehmann, intending to subdivide for his use, David’s. PUBLIC HEARING OPENED MS. NOWICKI-A letter dated 18 June 1998 from Bernard & Paulette Zovistoski 82 Sara Jen Drive (LOT 10), “Dear Board Members: As property owners adjoining the subdivision in question, we urge the Board to take into account our concerns as you consider action on this proposal. Property value and privacy are the primary concerns. When we purchased our premium-priced property in Lehland Estates, which boasts of heavily wooded lots, we were chagrined (as no doubt others have been) to see the builder scalp the land to make space for the construction. As a result, Lehland Estates property owners can find privacy, if at all, only in the rear of their lots, behind their houses. The rear of our house, at Lot 10 of Lehland, faces the proposed new lot you are considering. We appeal to the Board to encourage the petitioner to move the proposed new house forward somewhat toward West Mountain Road, away from the adjoining Lehland Estates homes. Considering the size of the proposed lot - 3.4 acres - this could be done while still maintaining an extraordinary distance from the main road. Lehland Estates is a product 1 (Queensbury Planning Board Meeting 6/18/98) of the Lehmanns, and builders in this pricey development are required to adhere to stringent covenants and restrictions. “The natural beauty and contour of the land is to be preserved as far as reasonably possible,” the document says. Because of the proximity of the proposed lot, we strongly urge that the same covenants and restrictions apply to it as well. For example, a two-story house in Lehland must contain no less than 2,000 square feet of living space. A single-story house must be no less than 1,800 square feet. Restrictions regarding out-buildings, animals, storage, etc., also apply, and we urge that they carry over as well to this proposed property so that values in Lehland are not affected negatively. For reference, we attach a copy of the Lehland Estates Declaration of Covenants and Restrictions, as well as a plot map showing the proximity of the proposed new lot to our property in Lehland Estates. We do not object to the planned development, but we respectfully request that the Board, and the petitioners themselves, give these concerns due consideration. Thank you very much. Sincerely yours, Bernard & Paulette Zovistoski 82 Sara Jen Drive (LOT 10) Queensbury, New York 12804” JOE PEZZULO Concerned about area they want to subdivide backing up against Bonner Drive and concerned for buffer. CATHY VESTERBY Curious as to why she’s on Bonner Drive and got notified about meeting, and does this mean it’s close to subdivision? It was explained that everyone within 500 feet of proposed action gets notified, but she may be on the very outer fringe of 500 feet, away from subdivision. RESOLUTION WHEN DETERMINATION OF NO SIGNIFICANCE IS MADE RESOLUTION NO. 5-1998 , Introduced by Catherine LaBombard who moved for its adoption, seconded by Robert Paling: WHEREAS, there is presently before the Planning Board an application for: GEORGE & JANE LEHMANN , and WHEREAS, this Planning Board has determined that the proposed project and Planning Board action is subject to review under the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED: 1. No Federal agency appears to be involved. 2. The following agencies are involved: NONE 3. The proposed action considered by this Board is Unlisted in the Department of Environmental Conservation Regulations implementing the State Environmental Quality Review Act and the regulations of the Town of Queensbury. 4. An Environmental Assessment Form has been completed by the applicant. 5. Having considered and thoroughly analyzed the relevant areas of environmental concern and having considered the criteria for determining whether a project has a significant environmental impact as the same is set forth in Section 617.11 of the Official Compilation of Codes, Rules and Regulations for the State of New York, this Board finds that the action about to be undertaken by this Board will have no significant environmental effect and the Chairman of the Planning Board is hereby authorized to execute and sign and file as may be necessary a statement of non-significance or a negative declaration that may be required by law. th Duly adopted this 18 day of June, 1998, by the following vote: AYES: Mrs. LaBombard, Mr. Vollaro, Mr. Ringer, Mr. Brewer, Mr. Paling, Mr. Stark, Mr. MacEwan NOES: NONE 2 (Queensbury Planning Board Meeting 6/18/98) MOTION TO APPROVE SUBDIVISION NO. 5-1998 PRELIMINARY STAGE FOR GEORGE AND JANE LEHMANN , Introduced by George Stark who moved for its adoption, seconded by Catherine LaBombard: Waiver to be submitted before Final approval. Whereas, the Town Planning Board is in receipt of Subdivision No. 5-1998, Preliminary Stage for GEORGE & JANE LEHMANN to subdivide a 14.35 acre parcel into 2 lots of 3.37 ac. and 10.98 ac. and 10.98 acres; and Whereas, the above mentioned application, received 5/27/98, consists of the following: 1. Applications - Preliminary Stage 2. Maps - dated 5/27/98, revised 6/3/98 Whereas, the above file is supported with the following documentation: 1. 6/18/98 - Staff Notes Whereas, a public hearing was held on 6/18/98; 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 Subdivision No. 5-1998 - Preliminary Stage, GEORGE & JANE LEHMANN. 2. The applicant agrees to the conditions set forth in this resolution. 3. The conditions shall be noted on the map. 4. The issuance of permits is conditioned on compliance and continued compliance with the Zoning Ordinance and site plan approval process. Duly adopted this 18th day of June, 1998, by the following vote: AYES: Mr. Paling, Mr. Stark, Mrs. LaBombard, Mr. Vollaro, Mr. Ringer, Mr. Brewer, Mr. MacEwan NOES: NONE MOTION TO APPROVE SUBDIVISION NO. 5-1998 FINAL STAGE GEORGE & JANE LEHMANN , Introduced by Catherine LaBombard who moved for its adoption, seconded by Robert Vollaro: Granting the waiver of all things requested in the letter of June 18, 1998 from Dennis Dickinsen. Whereas, the Town Planning Board is in receipt of Subdivision No. 5-1998 Final Stage for GEORGE & JANE LEHMANN to subdivide a 14.35 acre parcel into 2 lots of 3.37 ac. and 10.98 acres; and Whereas, the above mentioned application, received 5/27/98, consists of the following: 1. Final Stage Application 2. Maps - dated 5/27/98, revised 6/3/98 Whereas, the above file is supported with the following documentation: 3 (Queensbury Planning Board Meeting 6/18/98) 1. 6/18/98 - Staff Notes Whereas, a public hearing was held on 6/18/98; 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 Subdivision No. 5-1998 - Final Stage, GEORGE & JANE LEHMANN. 2. The applicant agrees to the conditions set forth in this resolution. 3. The conditions shall be noted on the map. 4. The issuance of permits is conditioned on compliance and continued compliance with the Zoning Ordinance and site plan approval process. th Duly adopted this 18 day of June, 1998, by the following vote: AYES: Mr. Stark, Mrs. LaBombard, Mr. Vollaro, Mr. Ringer, Mr. Paling, Mr. MacEwan NOES: NONE ABSTAINED: Mr. Brewer SUBDIVISION NO. 2-1998 PRELIMINARY STAGE FINAL STAGE TYPE: UNLISTED WILLIAM & LISA GEREAU OWNER: MARK BRANSON ZONE: RR- 5A LOCATION: CLENDON BROOK RD. & TUTHILL RD., 1 MILE UP TO CORNER OF TUTHILL & CLENDON BROOK APPLICANT PROPOSES A FIVE (5) LOT CLUSTERED SUBDIVISION OF 5.02 AC., 5.02 AC., 5.13 AC., 5.10 AC., AND A 27.44 ACRE PARCEL. ADIRONDACK PARK AGENCY TAX MAP NO. 123-1-21 LOT SIZE: 47.60 ACRES SECTION: SUBDIVISION REGULATIONS MATT STEVES, REPRESENTING APPLICANT, PRESENT STAFF INPUT Notes from Staff, Subdivision No. 2-1998 - Preliminary and Final, William & Lisa Gereau, Description of Project: Meeting Date: June 18, 1998 “ Five (5) lot cluster subdivision of 5.02 Staff Comments: ac., 5.02 ac., 5.12 ac., 5.01 ac., and 27.44 acre parcel. Subdivision No. 2-1998 was tabled at the May 19, 1998 Planning Board meeting. The applicant requested to submit a revised subdivision plan showing five acre or greater lots, clearing limits, a letter indicating future intent, delineate all land hooked parcels, address Rist Frost comments, and set up a meeting time with the Zoning Administrator to discuss stormwater management. The applicant has addressed the requested information. Staff has no additional concerns.” MS. NOWICKI-Two letters from Rist-Frost, one dated June 10, 1998 “Dear Mr. Round: We have reviewed the information submitted in response to our comment letter of May 15, 1998. The applicant has satisfactorily addressed Comment No. 1 and part of Comment No. 4. The remainder of our comments have not been addressed. Letter dated June 15, 1998 from Rist-Frost, “Nace Engineering’s June 10, 1998 memorandum to you regarding stormwater runoff is acceptable response to Comment No. 2 of our review letter dated May 15, 1998.” Fax from Nace Engineering dated June 10, 1998, to Chris Round from Tom Nace, “Chris, Confirming our phone conversation, I have looked at the revised proposed subdivision utilizing minimum five acre lots. It is my opinion that the subdivision will not create any perceptible increases in stormwater runoff due to the fact that there is no road required and the amount of impermeable area (roof and driveway) is a very small portion of a 5 acre lot. We will add a note to the plans requiring that driveways drain to a 4 (Queensbury Planning Board Meeting 6/18/98) low point located within the lot and that all runoff from the site of any house and driveway construction be contained on-site. Tom” PUBLIC HEARING OPENED NATALIE WHITE - Approves CATHY (Neighbor)- Questions STEPHEN MONN - Questions MS. NOWICKI-A letter from Dr. Michael L. Paul, dated June 9, 1998, to Town of Queensbury Planning Board, RE: Proposed Subdivision by William & Lisa Gereau Follow-up Planning Board meeting 6/18/98 “After reviewing the minutes of the Queensbury Planning Board meeting of 5/19/98, I’d like to reiterate my concerns in hopes that these concerns have, in the interim, been addressed by the owners. First, regarding Lot #5, I am still concerned that there be proper “buffering”, due to Mr. Steves’ comment, “While the owners are planning on retaining this lot, and will be building on the area near the remains of the old house that was there, right on the intersection, and the rest will be maintained by them….just to keep the more rural atmosphere that currently exists up there” (p. 20, 5/19/98 meeting) when questioned by Mr. MacEwan regarding “further plans to subdivide that parcel?” the answer was “not at this time….maybe some time in the future”. Any future subdivision would eliminate the buffer between this clearing (“The remains of the old house”) and existing houses, which now has heavy woods in between. I agree with Mrs. LaBombard’s comments about her own experience with a next door neighbor, where a “really nice buffer” existed, and then “now people came in and clear cut that lot, right up to my property line” and she can now “see through all their junk”. (Pg. 28, 5/19/98, meeting) Mr. MacEwan also recognizes this area as a “unique section of Town” (Pg. 31, 5/19/98 meeting) In view of the above, in addition to the comments of some of my neighbors at the 5/19/98 meeting, I would respectfully request that there be binding assurances made in regard to special buffering provisions, with special boundaries established, back from property lines which maintains “forever wild” green areas, with “lot clearing limits” and clear cutting prohibited so that dwellings and clearings are not visible to each other, thus recognizing the “unique” quality of this area. I’d further like to thank the Board members for the sensitivity shown to these issues at the initial meeting on 5/19/98 and continued concern regarding these matters. Sincerely, Michael L. Pall” PUBLIC HEARING CLOSED RESOLUTION WHEN DETERMINATION OF NO SIGNIFICANCE IS MADE RESOLUTION NO. 2-1998 , Introduced by Catherine LaBombard who moved for its adoption, seconded by Robert Vollaro: WHEREAS, there is presently before the Planning Board an application for: WILLIAM & LISA GEREAU , 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 5 (Queensbury Planning Board Meeting 6/18/98) environmental concern and having considered the criteria for determining whether a project has a significant environmental impact as the same is set forth in Section 617.11 of the Official Compilation of Codes, Rules and Regulations for the State of New York, this Board finds that the action about to be undertaken by this Board will have no significant environmental effect and the Chairman of the Planning Board is hereby authorized to execute and sign and file as may be necessary a statement of non-significance or a negative declaration that may be required by law. th Duly adopted this 18 day of June, 1998, by the following vote: AYES: Mr. Stark, Mrs. LaBombard, Mr. Vollaro, Mr. Ringer, Mr. Brewer, Mr. Paling, Mr. MacEwan NOES: NONE MOTION TO APPROVE SUBDIVISION NO. 2-1998 PRELIMINARY STAGE FOR WILLIAM & LISA GEREAU , Introduced by Robert Vollaro who moved for its adoption, seconded by Catherine LaBombard: As per the written resolution, per the plan revised 6/15/98 and received in the Planning Office 6/18/98. Whereas, the Town Planning Board is in receipt of Subdivision No. 2-1998 WILLIAM & LISA GEREAU, Preliminary Stage for a five lot cluster subdivision of 5.02 ac., 5.02 ac., 5.13 ac., 5.01 ac. and 27.44 ac. parcel; and Whereas, the above mentioned application, received 4/29/98, consists of the following: 1. Preliminary Stage Application 2. Maps - S-1, D-1 dated 4/27/98 Whereas, the above file is supported with the following documentation: 1. 5/15/98 - Rist Frost comments 2. 5/19/98 - Staff Notes 3. 5/19/98 - Planning Bd. resolution 4. 5/20/98 - Letter to M. Steves from L. Nowicki 5. 5/27/98 - Received revised Long EAF, maps S-1 revised 5/26/98, D-1 revised 5/27/98 6. 6/10/98 - Fax to C. Round from T. Nace in response to R/F notes 7. 6/10/98 - Rist Frost comments 8. 6/10/98 - Rist Frost comments Whereas, a public hearing was held on 5/19/98 and 6/18/98 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 Subdivision No. 2-1998, Preliminary Stage WILLIAM & LISA GEREAU. 2. The applicant agrees to the conditions set forth in this resolution. 3. The conditions shall be noted on the map. 4. The issuance of permits is conditioned on compliance and continued compliance with the Zoning Ordinance and site plan approval process. 6 (Queensbury Planning Board Meeting 6/18/98) 5. Engineering fees to be paid prior to a building permit application. th Duly adopted this 18 day of June, 1998, by the following vote: AYES: Mrs. LaBombard, Mr. Vollaro, Mr. Ringer, Mr. Paling, Mr. Stark, Mr. MacEwan NOES: NONE ABSENT: Mr. Brewer MOTION TO APPROVE SUBDIVISION NO. 2-1998 FINAL STAGE WILLIAM & LISA GEREAU , Introduced by Robert Vollaro who moved for its adoption, seconded by George Stark: As per the written resolution, per the plan revised 6/15/98 and received in the Planning Office 6/18/98. Whereas, the Town Planning Board is in receipt of Subdivision No. 2-1998 WILLIAM & LISA GEREAU, Final Stage for a five lot cluster subdivision of 5.02 ac., 5.02 ac., 5.13 ac., 5.01 ac., and 27.44 ac. parcel; and Whereas, the above mentioned application, received 4/29/98, consists of the following: 1. Final Stage application 2. Maps - S-1, D-1 dated 4/27/98 Whereas, the above file is supported with the following documentation: 1. 5/15/98 - Rist Frost comments 2. 5/19/98 - Staff Notes 3. 5/19/98 - Planning Bd. resolution 4. 5/20/98 - Letter to M. Steves from L. Nowicki 5. 5/27/98 - Received revised Long EAF, maps S-1 revised 5/26/98, D-1 revised 5/27/98 6. 6/10/98 - Fax to C. Round from T. Nace in response to R/F notes 7. 6/10/98 - Rist Frost comments 8. 6/10/98 - Rist Frost comments Whereas, a public hearing was held on 5/19/98 and 6/18/98 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 Subdivision No. 2-1998, Final Stage, WILLIAM & LISA GEREAU. 2. The applicant agrees to the conditions set forth in this resolution. 3. The conditions shall be noted on the map. 4. The issuance of permits is conditioned on compliance and continued compliance with the Zoning Ordinance and site plan approval process. 5. Engineering fees to be paid prior to a building permit being issued. 6. Recreation fees to be paid with submission of a building permit application. 7 (Queensbury Planning Board Meeting 6/18/98) th Duly adopted this 18 day of June, 1998, by the following vote: AYES: Mr. Vollaro, Mr. Ringer, Mr. Paling, Mr. Stark, Mrs. LaBombard, Mr. MacEwan NOES: NONE ABSENT: Mr. Brewer SITE PLAN NO. 30-98 TYPE II SCOTT CARTIER OWNER: SCOTT & DEBRA CARTIER ZONE: WR-1A LOCATION: 26 REARDON ROAD APPLICANT PROPOSES CONSTRUCTION OF A 598 SQ. FT. ADDITION TO A SINGLE FAMILY DWELLING AND CONSTRUCTION OF 440 SQ. FT. OF COVERED AND UNCOVERED DECKS. REFERRED BY THE ZONING BOARDD OF APPEALS - FOR SEPTIC FACILITIES AND STORMWATER RUNOFF. PER SECTION 179-79 ANY ENLARGEMENT OF A NONCONFORMING STRUCTURE IN A CEA IS SUBJECT TO REVIEW AND APPROVAL BY THE PLANNING BOARD. CROSS REFERENCE: AV 19-1998 WARREN CO. PLANNING: 6/10/98 TAX MAP NO. 45-3-2 LOT SIZE: 0.271 ACRES SECTION: 179-16 SCOTT CARTIER & WILFRED CARTIER, PRESENT STAFF INPUT Notes from Staff, Site Plan No. 30-98, Scott Cartier, Meeting Date: June 18, 1998 “Description of Project: Construction of a 598 sq. ft. addition to single family dwelling and construction of 440 sq. ft. of covered and uncovered decks. Staff Comments: The applicant proposes an addition to a non-conforming structure in the Waterfront Residential Zone in a Critical Environmental Area. In addition, the application was referred to the Planning Board by the Zoning Board of Appeals for review of septic facilities an stormwater management. The applicant has received an area variance for the expansion of a non-conforming structure, AV 19-1998. The applicant has presented septic and stormwater information. The applicant has been informed that with any expansion on waterfront zoned property, the septic system is required to meet the Town’s septic code requirements. The septic facilities will be reviewed by the Building Department before a building permit is issued. The stormwater information provided is a typical means to handle stormwater for a residential home. The proposal does not appear to interfere with the neighbor’s views of the lake. The building only violates the square footage allowed on the lot and does not increase the non- conformity of setbacks from the property lines.” The County, on June 10, 1998, reviewed the application and found “No County Impact”. A letter dated June 10, 1998 from Rist-Frost Associates, to Chris Round “Dear Mr. Round: We have reviewed the septic facilities and stormwater aspects of the documents forwarded to us for the above referenced (Cartier) application and have the following comments: 1. Insufficient information has been provided for us to perform this review. Information generally described in Items G and Y of the Town’s Site Plan Review Checklist is required.” A letter dated June 2, 1998, from IBS Septic and Drainage Service, Ivan Bell, to Scott Cartier, “The septic system for the front house by the lake consists of a 1000 gallon concrete tank on side of house and 2500 gallon concrete tank in front of house. Both tanks are in working order. The back house has a 1,000 gallon concrete septic tank on front side of house and is in working order. Ivan C. Bell” PUBLIC HEARING OPENED MARGARET WALLACE - APPROVED PUBLIC HEARING CLOSED MOTION TO APPROVE SITE PLAN NO. 30-98 SCOTT CARTIER , Introduced by Catherine LaBombard who moved for its adoption, seconded by Robert Paling: As per the written resolution. Whereas, the Town Planning Board is in receipt of Site Plan No. 30-98 SCOTT CARTIER for construction of a 598 sq. ft. addition to single family dwelling and construction of 440 sq. ft. of covered and uncovered decks. Referred by ZBA for septic facilities and stormwater runoff; and 8 (Queensbury Planning Board Meeting 6/18/98) Whereas, the above mentioned application, received 5/27/98, consists of the following: 1. Application 2. Survey map and plot plan Whereas, the above file is supported with the following documentation: 1. 6/18/98 - Staff Notes 2. 6/12/98 - Stormwater runoff info - drawing 3. 6/10/98 - Rist Frost comments 4. 6/10/98 - Warren Co. Planning Bd. resolution 5. 6/2/98 - Letter from IBS Septic 6. 6/11/98 - Notice of Public Hearing 7. 6/1/98 - Letter to S. Cartier from C. Round 8. 5/28/98 - ZBA resolution Whereas, a public hearing was held on 6/18/98 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. 30-98 SCOTT CARTIER. 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. 7. Engineering fees to be paid prior to issuance of a building permit. th Duly adopted this 18 day of June, 1998, by the following vote: AYES: Mr. Ringer, Mr. Brewer, Mr. Paling, Mr. Stark, Mrs. LaBombard, Mr. Vollaro, Mr. MacEwan NOES: NONE SITE PLAN NO. 35-98 TYPE II RICK LALONDE OWNER: SAME ZONE: UR-10 LOCATION: 20 LYNN AVENUE APPLICANT PROPOSES CONSTRUCTION OF A 762 SQ. FT. ADDITION TO A SINGLE FAMILY DWELLING. REFERRED BY THE ZONING BOARD OF APPEALS FOR SEPTIC INFORMATION. CROSS REFERENCE: AV 15-1998 TAX MAP NO. 111-2-6 LOT SIZE: 0.34 ACRES SECTION: 179-79, 179-17 A memorandum to the Planning Board from Chris Round, dated June 18, 1998, RE: LaLonde ZBA Referral “The Zoning Board of Appeals referred the LaLonde Variance application to the Planning Board for review. The purpose of the referral was an evaluation of the on site septic system for compliance with Town’s Septic Ordinance. This review will be performed by the Building Department with Rist-Frost Associates assistance as necessary. It is my recommendation the Planning Board approve the application baring any other concerns with the condition the Building Department follow up on the septic compliance.” 9 (Queensbury Planning Board Meeting 6/18/98) It was discussed by the Board with the Board’s Counsel, Mark Schachner, and decided the Board had, should have, no involvement with this particular application. It should be handled through the Building and Codes Department. SITE PLAN NO. 9-98 NUTECH REALITY, L.L.C. OWNER: SAME ZONE: HC-1A LOCATION: CORNER DIX AVENUE & QUEENSBURY AVE. APPLICANT PROPOSES MODIFICATIONS TO APPROVED SITE PLAN. CROSS REFERENCE: AV 46-1996, SP 43-96 WARREN CO. PLANNING: 3/11/98 TAX MAP NO. 110-1-13 LOT SIZE: 1.728 ACRES SECTION: 179-23 TIM BARBER, PRESENT STAFF INPUT Notes from Staff, Site Plan No. 9-98 - Modification, Nutech Reality - Big Apple Rentals and Sales, Meeting Date: June 18, 1998 “The applicant proposes modification to Site Plan No. 9-98. The applicant is requesting to reduce the length of the fence, and change the parking layout. The applicant should address some additional compliance issues regarding plantings, removal of material, and type of rental equipment.” Discussion ensued first about wood pile still on site, and why not cleaned up? Barber stated he had taken $100 from a gentleman who was supposed to clean it up, but was just picking at the pile. Barber didn’t feel he should give money back and should continue to let gentleman continue to clean up. After much discussion, Barber stated he would have it cleaned up Friday or Saturday for sure. There was also much discussion on what exactly was allowed on site, specifically whether storage sheds were allowed on site. Barber stated storage sheds always were there. Craig MacEwan read from the minutes of the March 17, 1998 where Michael O’Connor, agent for the applicant, th Timothy Barber, refers to a letter of March 5 listing all the items for retail or rent, which Mr. O’Connor then listed specifically. After Craig MacEwan read from the minutes, he asked for a response from Mr. Barber, which was “That’s your interpretation.” More discussion ensued regarding the buffer area, moving the bounce house(s) out of the way of the park lot area, for customer parking, whether or not propane tanks were allowed on site and setbacks of tanks, identifying all modifications to project on the plot plan, and a list of exactly what will be on the property for retail or rent. Mr. Barber stated that this list is subject to change in the future. There was also discussion regarding fencing in the area of the property, and concrete curbing It was requested by the Board that all information be submitted to the Planning Department by noon on Monday, June 22, 1998. MOTION TO TABLE SITE PLAN NO. 9-98 NUTECH REALITY, L.L.C. , Introduced by Timothy Brewer who moved for its adoption, seconded by Robert Vollaro: With the following conditions: That the bounce houses be located in the area reserved for future display of equipment, within the fenced in area and indicating how many will be displayed. The area labeled grass on the site to be grassed as noted. Provide a scaled drawing for entire project, with specific attention to the location of the six (6) foot chain link fence identified with a length of seventy-two (72) feet. The location of the propane tank showing setback from all property lines. Identify all modifications to the project on the plot plan and by letter. Including but not limited to, plantings on the north border of the property, types of rental and sales, display area, parking area, storage area, number of concrete curbs, and delineating buffer area. Show the location and dimensions of all storage truck bodies and identify interior storage area with location and size. All rubbish is to be removed, pile of pallets, industrial shelving, hay elevator, snowmobile, concrete blocks, and miscellaneous material. Locate concrete curbing every fifty (50) feet delineating the buffer area. According to the submitted drawing six (6) concrete curbs should be shown. Indicate when the eight (8) foot board on board fence will be completed. th Duly adopted this 18 day of June, 1998, by the following vote: AYES: Mr. Brewer, Mr. Paling, Mr. Stark, Mrs. LaBombard, Mr. Vollaro, 10 (Queensbury Planning Board Meeting 6/18/98) Mr. Ringer, Mr. MacEwan NOES: NONE SITE PLAN NO. 50-96 MODIFICATION BRIAN & KEVIN O’CONNOR OWNER: SAME ZONE: LI-1A, SR-1A, WR-1A LOCATION: BIG BOOM ROAD APPLICANT PROPOSES A MODIFICATION TO APPROVED SITE PLAN - MODIFICATION IS FOR REDUCTION IN THE QUANTITY OF PLANTS AND FLOWERS. CROSS REFERENCE: UV 49-1996 BEAUTIFICATION COMM. - 6/8/98 TAX MAP NO. 135-2- 1, 7 LOT SIZE: 17.63 ACRES SECTION: 179-26, 179-19, 179-16 MARIA O’CONNOR & ROSEMARIE O’CONNOR, PRESENT STAFF INPUT Notes from Staff, Site Plan No. 50-96 - Modification, Brian & Kevin O’Connor - Big Boom Driving Range, Meeting Date: June 16, 1998 “The applicant proposes to modify the landscape plans of an approved site plan. The application was submitted to the Beautification Committee for review and comment. The plans indicate reduction, removal and different plant species. There appear to be fewer plantings than the original with removal of 4 trees bordering the east portion of the property and removal of 2 trees bordering the west portion of the property. The applicant may consider adding some additional landscaping to the area located between the service drive and the parking area (west side) to eliminate pedestrian traffic to the back of the building. The proposed modification does not appear to decrease the aesthetic value of the property. Staff has no additional concerns.” Beautification Committee report is as follows: “Kevin O’Connor presented revised planting plan. Explained changes and lanscaping/paving/lighting work done so far. Motion made by Mrs. Wetherbee to approve changes as shown on plan with no substitutions dated 7/31/96 revised 5/19/98. Seconded by Mr. Lorenz.” Discussion ensued about keeping gate closed, and that customers thought golf range closed because gate closed. Suggestion by Staff member that they put a directional sign on gate “range open, please use other entrance”. MOTION TO APPROVE MODIFICATION TO SITE PLAN NO. 50-96 BRIAN & KEVIN O’CONNOR, BIG BOOM DRIVING RANGE , Introduced by Timothy Brewer who moved for its adoption, seconded by Robert Vollaro: Whereas, the Town Planning Board is in receipt of Site Plan 50-96 BRIAN & KEVIN O’CONNOR for modification to approved site plan for reduction in the quantity of plants and flowers, and Whereas, the above mentioned application, received 5/29/98, consists of the following: 1. Letter dated 5/26/98 requesting modification 2. Map SP-3 dated 7/31/96 revised 5/19/98 Whereas, the above file is supported with the following documentation: 1. 6/16/98 - Staff Notes 2. 6/8/98 - Beautification Comm. comments 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 11 (Queensbury Planning Board Meeting 6/18/98) 1. The Town Planning Board, after considering the above, hereby moves to Approve Modification for Site Plan No. 50-96 BRIAN & KEVIN O’CONNOR. 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 18 day of June, 1998, by the following vote: AYES: Mr. Vollaro, Mr. Ringer, Mr. Brewer, Mr. Paling, Mr. Stark, Mrs. LaBombard, Mr. MacEwan NOES: NONE On motion meeting was adjourned. RESPECTFULLY SUBMITTED, Craig MacEwan, Chairman 12