1982-10-04
MINUTES
Queensbury Town Planning Board
October 6, 1982 8:00 P.M.
Present: Richard Roberts, Chairman
Ronald Montesi, Secretary
William Threw
Joseph Dybas
Kenneth Sorlin
Absent: Hilda Mann
Bryan Harrison
The minutes of the September 1, 1982 meeting were approved as read.
PUBLIC HEARING - LAND 0' PINES SUBDIVISION, Section 4 #8-81
25 lots Peggy Ann and West Mountain Rds. SR-20
Mr. Thomas McCormack present. Conceptual and preliminary approval
have previously been granted for this phase of the development of
Section 4. They have the approval of the Health Department and
all other agencies involved. There being no comment from the public,
Mr. Montesi offered a motion for final approval, seconded by Mr.
Sorlin. Motion carried unanimously.
NEW BUSINESS:
SITE PLAN REVIEW, Type II #5-82 - Donald Cole (Cole Muffler)
630 Upper Glen Street PC-IA Zone
To construct a new public garage facility - muffler shop - in Plaza
Commercial Zone on the property situated at 630 Upper Glen Street.
Mr. Donald Cole present. Mr. Sorlin questioned the amount of paving
to be done. Mr. Roberts pointed out that 20% of all land should be
left in a permeable state in this particular zone. Mr. Cole stated
that he would be complying with ordinance, there will be plantings
on both sides and front with a buffer between both Firestone and the
old location. He is working with the Beautification Committee. Mr.
Sorlin questioned why the septic system angled off toward the rear
of the Firestone building. Mr. Cole said the percolation tests in-
dicated this to be the best place and that they would be putting in
a new system for Firestone at the same time. There are no plans for
the present Cole building at this time. There being no comment from
the public, Mr. Dybas offered motion for approval, seconded by Mr.
Threw. Motion carried unanimously.
SITE PLAN REVIEW, Type II #6-82 - Norman C. Benack
Postponed due to illness.
Page Two
October 6, 1982
SI1'E PLAN REVIEW, Type II #7-82 - Saul Birnbaum PC-IA Zone
Queensbury Plaza, Route 9
To construct new retal1 facilities after demolition of separate
building on the property situated at Queensbury Plaza. (Former
Sears Building)
Mr. Andrew McCormack present. Mr. McCormack presented plans of the
existing and proposed building. There are no variances needed for
this project. The proposed building will be 10,000 sq. ft. less
than present building. There will be a totally new parking scheme
with raised malls and plantings to break up the parking-lot look.
There will be no additional blacktopping, same permeability. They
will be working with the Beautification Committee. Mr. Chet South,
president of Oueensbury Central Volunteer Fire Co. expressed con-
cern with the traffic flow and the 30 foot width along the side of
the building. He asked the Board to consider height of plantings
for visibility and possibility of widening the 30 ft. strip. Mrs.
Irene Baker felt 30 ft. wide enough. Mr. Montesi made a motion for
approval based on not changing the character of the zone, retail in
natúre, will not change the amount of blacktop, water drainage run-
off will not appreciably be affected, roof area is smaller than
present, seconded by Mr. Dybas. Motion carried unanimously.
SITE PLAN REVIEW, Type I and II, #8-82 - The Great Escape Camping
Resort, Inc. RC-15 and LC-10 Zones
To place travel trailer campsites in RC-l5 Zone a Type II Site Plan
Review and to place travel trailer campsites in LC-lO Zone a Type I
Site Plan Review on the property situated at Round Pond Road.
Mr. Wayne Judge, Esq., Mr. Andrew McCormack, Mr. Al Cornwall, Engin-
eer, representing The Great Escape.
Mr. Wayne Judge. The application complies with the four criteria set
forth in zoning statute. Every major amusement park in the country
has this type feature attached to it and over the years many amuse-
ment parks have failed primarily because they haven't kept up with
the times and what people want. This development took a substantial
investment in the basic feasibility studies. Park will be used
approximately 10-1.2 weeks out of the year, so from the point of view
of utilization of natural resources it is probably one of the least
damaging uses to which the land could be put from an environmental
point of view. No part of the property involved in the plan will abut
on Glen Lake or give anyone access to Glen Lake or any of its tribu-
taries. The property will be enclosed by a fence and there will be
24 hour security. All of the planning has been presented to the
Department of Environmental Conservation, the wetlands have been
flagged, the soils have been thoroughly tested, the Department of
Health has been over the plans and has no problems with them.
Page Three
October 6, 1982
Mr. McCormack, Engineer. Plan encompasses an area of 30 to 35 acres
fronting on Round Pond Road. DEC has identified edge of wetland area
on a tree by tree basis. From the edge of the marsh north it is
approximately, at the nearest point, about 1500' to the stream feeding
Glen Lake. The campsite is projected to have 300 to 315 sites. The
old Johnny Appleseed building will be used as an administration build-
ing. There will be síx other structures (service buildings) containing
showers, toilets, approximately 27' x 38'. This will be the total
construction other than building of roads and grading of sites. Area
close to Bloody Pond Road and administration building will have full
service sites (sewer, water, electricity). DEC and Health Department
regulations have been used in developing overall layout and sizing up
the various septic systems.
Mr. Al Cornwall, Engineer. Participated in engineering and sewer
design work to the extent they have progressed. There is coarse-
medium sand and no indication of any erosion during the period that
they have been grading. In all the percolation tests (12 ft.) the
water disappeared in less than one minute. It is very remote that
water from storms will run into Glen Lake.
Mr. Roberts stated the map presented is misleading for what it doesn't
show, the fact that practically the entire area drains rather sharply
down into the wetland. Mr. Roberts discussed section of new ordinance
that deals with soil erosion and some standards to mitigate possible
problems from soil erosion during construction. He stated he was some-
what alarmed in checking the site that it has all been moved around,
scalped, cut and filled prior to starting the permit process. He
had hoped to see more of a buffer zone near the wetland. The LC-lO
Zone was designed specifically to give some serious protection to the
watershed of Glen Lake. He said the Board would require an EIS for
that portion in LC-lO and at least an environmental assessment form
in the other zone as well.
Dr. LaPointe, president of Glen Lake Association. Drainage is almost
a straight channel into the wetland, purpose of LC zoning is to re-
strict development to very low density. From presentation there are
two permanent structures in this zone. According to definition there
is one structure allowed per 10 acres. Detailed delicate nature of
area. Over the years the wetland area has been abused, spawning,
fish and wildlife have suffered. This would be appropriate time for
Planning Board to define strict criteria and restrictions for the
development of travel trailer parks and campgrounds. In response to
Mr. Montesi's question "if Great Escape Fun Park were to exclude
LC-IO area from trailer park, using it as an open area, would this be
more acceptable to your Association" - Dr. LaPointe stated this would
approach a more acceptable condition so that density was kept low with
a buffer to protect this area from drainage and water flow. Since
construction of the last parking lot (Great Escape) the tributary from
Rush Pond has become stagnant and wonder if, under new ordinance, the
Planning Board could develop a plan or recommendation for inspection
to insure that this waterway maintains a free flow from Rush Pond area
to wetland.
Page Four
October 6, 1982
Mr. Roberts. Regarding the idea that water will seek its own level.
Concern that leach beds in area of service stations are going to be
above the level of the wetlands. Mr. McCormack stated that the one
service area where they reached 3 ft. ground water, that effluent
is going to be pumped up the hill. He stated there is no instance
where sewage is being discharged into the ground, where groundwater
is anywhere near the ~inimum - it will be pumped away.
Mr. Cal Powers, Chestnut Road. Felt if the obstruction of the brook
is an indication of what they are going to have with this project,
they don't want it.
Mr. Jay, Glen Lake. Concerned with flow of water, questioned Mr.
McCormack regarding perc tests.
Mr. Grace, Glen Lake. Resident for 30 years, has seen what has
happened to wetlands since Story town. Used to be good fishing,
spawning - water hardly moves today because of small pipes that have
been put in.
Mr. Whalen, property owner adjacent to project. Requested that there
be a buffer strip between his property and trailers. Mr. McCormack
does not see a problem with that.
It was agreed to delay voting on Site Plan Review until more infor-
mation is available. Mr. Judge requested that they be provided with
a list of everything they need so that they don't have to keep re-
turning as they do with the APA. Mr. Montesi, in deference to Mr.
Wood, who has a financial cornmittment and the people on Glen Lake
who have an environmental cornmittment and concern, would like to
see Board readdress the problem next meeting, after meeting in the
interim to have questions answered. It was determined that they
will meet in workshop session, review the EAF and decide if an EIS
will be required. Mr. Roberts said they would also discuss the
traffic flow.
Motion by Ronald Montesi, seconded by Kenneth Sorlin to table for
30 days and hold a public hearing at the next Planning Board meeting
November 3, 1982. Motion carried unanimously.
Page Five
October 6, 1982
VARIANCE No. 787 - Arthur RObillard, Jr. SFR-30 Zone
south side of Glen Lake, off Birdsall Road
To construct a single family summer dwelling at a 35' setback plus
an 11' side setback on each side in lieu of the required 15' set-
back. Also to construct this building on a lot that does not front
on a public road.
COMMENTS: The Planning Board passed a motion for
no action on this application. Planning Board
members could not locate the property due to in-
sufficient directions, and did not want to pass
judgment. (Applicant submitted complete map lo-
cating this lot on October 7, 1982 which is being
attached to application going to County Planning
Board and Zoning Board members.)
Motion by Mr. Sorlin, seconded by Mr. Montesi.
Motion carried unanimously.
VARIANCE NO. 788 - Norman C. Benack, Quaker and Everts Avenue
Postponed due to illness.
VARIANCE NO. 789 - Emmanuel J. Maille, north side Luzerne Rd. LI-aA
To reapply to continue variance No. 729 - to operate auto repair
shop.
Mr. Maille present. Mr. Sorlin offered motion for approval, seconded
by Mr. Montesi. Hotion carried unanimously.
COMMENTS: The Board recommend approval of this variance.
There have been no comments from neighborhood and
applicant has made improvements to building and land.
VARIANCE NO. 790 - Alan Monroe, 4 Second Street
HC-15
To build "mother-in-law" apartment over existing two car garage next
to residence.
Mr. Monroe present. Apartment for use of Mr. Monroe's parents. Mr.
Sorlin questioned where line is drawn between having a rental unit
or having family move in. Mr. Roberts stated this had not been
addressed in ordinance, although discussed. Mr. Monroe said the
nature of the area is still residential for the most part. Mr.
Montesi moved for approval, seconded by Mr. Sor1in. Motion carried
unanimously.
COMMENTS: The Planning Board recommend approval of
this Use Variance for the following reasons:
Page Six
October 6, 1982
1. Building is there, windows, etc. - only change
will be porch and stairs leading Up.
2. Proposal is for owner occupied apartment.
VARIANCE NO. 791 - Enoch and Patricia Zylowski
Bay Parkway, Assembly Point
12 Lot Subdivision with lots to be less than the required 1 acre.
LR-lA Zone
Mr. Andrew T. McCormack present. Conceptual approval for this sub-
division granted under old ordinance which required 10,000 sq. ft.
per lot. Due to length of time in obtaining various agency approvals,
density requirement was changed to 1 acre under new ordinance thereby
requiring variance. These will be single family residences with
individual wells. There will be a year-round community sewer system.
One or two of the docks will be removed in order to improve a small
sand beach area. The docks and strip of land adjacent to the lake
will have common ownership. Mr. Sorlin offered motion for approval,
seconded by Mr. Dybas. Motion carried unanimously.
COMMENTS: The Planning Board recommend approval
of this Use Variance for the followina reasons:
1. Concept was a sound one in January 1982.
2. Moving two houses from Lake Shore.
3. Owner has established a transportation corp.
to move sewage to central area.
4. Hardship is shown by passage of new Town
Ordinance.
5. Reduces density of houses on Lake and elimin-
ates sewage into lake.
VARIANCE NO. 792 - The Salvation Army, Inc. HC-15 Zone
souths ide Quaker Rd. (former Honda Motorcycle)
Salvation Army Thrift Sote, retail sale of used clothing, furniture,
bricabrac and rebuilt bedding, etc.
Mrs. Irene Baker, chairman Salvation Army Advisory Board, present.
Mr. Sorlin stated that the Board had talked about Highway Commercial
as being those kinds of things that are more associated with trav-
elers along the highway, but they did not intend to eliminate this
type of operation from those zones. Mr. Montesi moved for approval,
seconded by Mr. Dybas. Motion carried unanimously.
Page Seven
October 6, 1982
COMMENTS: The Planning Board recommend approval
of this Use Variance as this would be in keeping
with the character of the area as it is a retail
outlet.
VARIANCE NO. 793 - Michael and Barbara Goula
7 Dorset Place
SFR-20 Zone
Requesting side setback of 10'6" in lieu of required 15' setback.
Mr. John Arpey, Esq. present on behalf of Mr. Goula and builder.
This is situation where builder inquired about setback when old
ordinance was in effect, permit was issued under new ordinance,
builder had used old specifications. Mr. Goula now living in
residence with a temporary CO. Part of error rests with Building
Department. Mr. Sorlin felt it a shame that they had to go through
the variance process and recommended $50.00 refund. That would
have to be a Town Board decision. Mr. Goula has spoken to his
neighbor who has no problem with the setback. Mr.'Sorlin offered
motion for approval, seconded by Mr. Threw. Motion carried unan-
imously.
COMMENTS: The Planning Board recommend approval
of this Area Variance. Mistake in setback made
by builder, Town Building Dept. and owner due to
change in ordinance. Neighbors do not seem to
mind the 4 ft. change in the setback.
VARIANCE NO. 794 - Helen o. Hadley, 21 Cedarwood Drive SFR-30 Zone
To place an attached two car garage at 8 ft. setback in lieu of
the required 15 ft. side setback.
Mr. Robert Ruggles representing Mrs. Hadley. There is a problem
with water flooding into the lower level of the house. Present
garage is under house and there is at least six inches of water
in winter. They would like to ClOSè garage off, put in fill,
build new garage and bring whole level up above the high water
mark. Mr. and Mrs. Loren Rhodes, nieghbors to the side, have no
objection. Motion for approval by Mr. Montesi, seconded by Mr.
Dybas. Motion carried unanimously.
COMMENTS: The Planning Board recommend approval
of this Area Variance. Hardship is surface water
problem in basement that can be taken care of by
moving garage.
Page Eight
October 6, 1982
VARIANCE NO. 795 - Great Bay Seafood Restaurant
19 Main Street
HC-15 Zone
To build addition with 35'6' front setback in lieu of 50' setback.
Mr. Sorlin offered motion for approval, seconded by Mr. Threw.
Motion carried unanimously.
COMMENTS: The Planning Board recommend approval
of this Area Variance as new addition will be
farther from road than existing building and all
parking will be in rear of building.
Richard Roberts, Chairman