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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