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1986-08-19 / MINUTES --.,. '--- . Queensbury Planning Board Tuesday, August 19, 1986 8:00 p.m. Present: R. Roberts, Chairman K. Sorlin, Secretary S. Levandowski H. Mann V. Macri F. DeSantis J. Dybas R. Case Prime, Counsel B. Britton, Staff The Minutes of the July 15, 1986 meeting were approved as written. SUBDIVISIONS: Subdivision No. 8-86 - Amber Shire Section II, 37 lots north side Pitcher Road '--- Final Approval. Mr. Jack Slopey present. Mr. Slopey said they had removed cuI de sacs and made rounder curves as a result of discussions with Paul Naylor, Highway Supt. However, there is no approval from Highway Dept. in file. Mr. Flaherty, Water Supt., gave Mr. Slopey letter saying subdivision is in Clendon Brook Water District and that water would be available to them. Mr. Morse, project engineer for Planning Board, has indicated that there are not enough hydrants. Mr. Morse said separation should be 500' and the distance is greater than that. Mr. Slopey said Mr. McCormack told him they should be 1000' and the hydrants on Pitcher Road are about 1000' apart. The Health Dept. has indicated that tests made in 1981 are alright but they are behind in their paperwork and it would be another three weeks before they will have a written statement. Mr. Morse noted that there is no percolation data on the drawings and no design criteria for septic systems. Planning Board has no road profiles. Mr. Slopey said Highway Supt. has one. Mr. Slopey was under the impression that Mr. McCormack had turned necessary papers over to Planning Board. Mr. Roberts said that some of the lots t.ha~ back up to Clendon Brook (41-43-45 & 46) should have specific mention that septic shoul~ in front even though they would have to conform to ordinance. The Board and counsel have questions regarding restrictive covenants. Town Board did not want to accept green area along Clendon Brook for recreation area. This leaves question of who is to own green area. Mr. Slopey said Tom Lawson prepared covenants. There is nothing in covenant that compels Mr. Slopey to form a homeowners association. Mrs. Mann said that provision that allows for single story guest house should be deleted, not allowed in zone. Application TABLED for further information: "'/ ~ .----. Need Highway Dept. approval in writing Need Health Dept. approval in writing Need letter from Water Supt. actually approving and number of hydrants Setback from stream (lots 41,43,45-46) should be annotated on drawing for septic systems (Lot 45 should be referenced that stream goes through it and they can't pave or touch stream bed) Clarification on the restrictive covenants (guest houses) Clarification on forming homeowners association Need septic design, road profiles and latest available data on maps. :f Tuesday, August 19, 1986 Page Two Subdivision No. 7-86 - Grant Acres Phase II, 15 Lots Wildwood Place '--' Public Hearing. Ed Grant present. Mr. Grant said the back lot line has been changed as recommended by the AP A to approximate the course of the stream. Mr. Grant said he expects the APA to declare about 100' strip down that line as a wetland. Two lots have been added on Pickle Hill Road, taking acreage away from big lot, now about 46 acres rather than 57. There is double access to large lot, from Pickle Hill and Sunset Trail, each 30 feet wide. There is an unmarked lot adjacent to lot 7 on Sunset Trail which may become part of lot 7 (earlier subdivision) or part of large lot in Phase II. Mr. Grant is in process of negotiating with Mr. Merrill (owner of lot 7) for 30 ft. strip as access from Sunset Trail to large lot (driveway to single dwelling) with possibility of adding unmarked lot to Mr. Merrill's property. Mr. Roberts explained to public that this is clustered subdivision, large lot can have only one house in order to get acreage for factoring in density for clustering purposes. Mr. Grant said that years ago he had planned to divide that area for building lots but that it is a beautiful hill he would like to preserve, therfore the idea for clustering. Mr. Roberts said he would like to see existing pond on map. Georgette Folley, resident of Sunset Trail, asked what guarantee do they have that large lot will not be subdivided ten years from now. Mr. Roberts explained that it will be filed subdivision plat in County Clerk's office. Any changes would have to come back to Planning Board and he has already indicated that this land is all being used up factoring density for clustering. There can be only one house or none built on that lot. Mrs. Kenneth Waite, Sunset Trail said driveway will be going by the front of her house and she is not happy about it. Mr. Roberts asked if there is a possibility Mr. Grant could use only the entrance off Pickle Hill Road. Mr. Grant said it is a possibility but it would make a very long driveway (over 1000') whereas it would be about 400' from Sunset Trail. '-- Mr. Grant said originally there was a 50' strip that he had kept to put a public road into area for development. When he decided he did not want to divide that area he sold 50' strip to Mr. Merrill to increase size of his lot. Now he would like to get 30 foot strip back (which they can agree on) for the driveway for one home. Mrs. Folley asked what rights a citizen has, for instance Mrs. Waite purchased house and everything was all set, now driveway will go right in front of her house. Mr. Grant noted that when Mrs. Waite purchased house he owned 50' strip that could have been public highway. Mrs. Mann asked how far Mrs. Waite's house would be from driveway. Different estimates were given. Mr. Grant said house was almost in middle of lot, Mrs. Waite disagreed. Lot is over two acres. Discussion relative to legality of Mr. Grant selling 50' row strip to Mr. Merrill when subdivision plat was filed with County and that is substantial change to lot lines, noting that minor changes are allowed. Also fact that unmarked piece of property presently shown on map for Phase II should not be part of subdivision if Mr. Grant were to sell it to Mr. Merrill. That would be changing subdivision map. Mr. Roberts said before they proceed too much farther with this application, Mr. Grant would either have to own or have option on 30 foot strip. Mr. Roberts asked if Phase II would have the same restrictive covenants as first phase. Mr. Grant said they may be more strict. Mr. Roberts said they would like to see the covenants. Mr. DeSantis asked that they have perc and soil test data. Mr. Roberts said there is a question as to whether lots 44 and 45 are buildable lots. --,'-"'" "-- 3 Tuesday, August 19, 1986 Page Three \...- Mrs. Folley asked how many homes can be built on unmarked lot adjacent to lot 7. The Board responded none because it doesn't have public road frontage and if it was added to another lot there could still be just one house per lot. Mr. Roberts said they would require more detailed engineering work and soil test data on map. This is a clustered subdivision. The large lot is part of the subdivision and all other lots are less than zone but total acreage satisfies cluster plan. Need disposition of 2.53 acre lot behind Lot 7 on Sunset Trail. Two more lots added since Sketch Plan approval but still meets density requirements. Need more data on drawing regarding beaver pond and impact on lots 44 and 45. The 50 ft. strip next to Lot 7 - how was it sold? - was any map changed? Probably still exists on subdivision map as a 50 ft. strip - not part of Lot 7. Need input from attorney. TABLED for more information. Subdivision No. 9-86 - Thomas J. Farone & Son, Inc., 106 lots Peggy Ann Road '- Leon Steves present. Property divided by Niagara Mohawk transmission line, consists of 76 acres. 80 lots to west of transmission line are designated single family residences. The 25 acres on southeast side of power line will be duplexes. This is SR 20 zone. Board asked that single family and duplex be shown on map. Results of soil testing show suitable for development. Have left couple sites vacant to west and east of power line for drainage. They will have on site sewage disposal, Town water hopefully. Have approached Town Board for approval of water district extension. They have run road parallel to Peggy Ann and couple hundred feet from it so all access will be limited to two entrances on to Peggy Ann Road. The steep topography opposite unnumbered lot will be filled with rubble type fill and use for drainage (filled in catch basin). Mr. Roberts noted that duplex portion of this will be immediately adjacent to another duplex subdivision. Mr. Roberts said they had letter from Supervisor relative to water negotiations. Mr. DeSantis asked if they understand recreation fee. Mr. DeSantis asked that they put name identities on roads. Mrs. Mann offered motion for sketch plan approval, seconded by Mrs. Levandowski. Motion carried unanimously. RESOLVED: Sketch Plan Approval for 106 lots of single family and duplex homes separated by Niagara Mohawk Power line. 80 lots west of NiMo are sincle family. 26 lots east of NiMo are duplex. -. \.....- .. If Tuesday, August 19, 1986 Page Four "- Subdivision No. 10-86 - Stonehurst, Section II, 15 lots east off Ridge adjoining Section II Leon Steves present. This on corner of Ridge Road and Sunnyside Road. Mr. Maine wished now to extend cui de sac in southerly direction to include rest of property. Portion could be used for storm water drainage. Halfway Brook is on the corner or just off the property so drainage is toward that southeast corner. The groundwater is relatively high as you go south. They will have special consideration for basements. Discussion of sewage systems. Mr. Roberts asked Dick Morse to review drainage and septic. There is an abandoned AT&T ROW. Mr. Roberts asked that it be clarified, Mr. Steves said it would probably be impossible to get a company of that size to respond. Mr. Steves said the lots would not be affected by it. Question was asked how many lots do they have with one egress/ingress. This will be addressed before any final approval. Board again asked for something more definite regarding AT&T easement. Mr. Macri said they could realign lots lines. Mr. Prime said if it doesn't interfere with the use of the property he doesn't see how it would affect the subdivision. It's on record and he doesn't see it as a problem. He agreed with Mr. Steves that trying to get AT&T to abandon it legally would be impossible. Mrs. Levandowski offered motion for sketch plan approval, seconded by Mr. Macri. Motion carried unanimously. RESOL VED: Sketch Plan approval with following notations: Area is low land - high ground water -need to pay particular attention to septic planning. Mr. Steves also stated need to advise potential buyers of possible cellar water problems unless special care is taken in design. '- A T&T easement (supposedly abandoned) - need to clarify on designated lots. Need to address developing ingress/egress to Sunnyside Road before adding more lots to total subdivision. (time limitation conditions) Dick Morse is assigned as engineer for Planning Board. Subdivision No. 2-85 - Kings Plantation, Phase I, 26 lots Peggy Ann Road Public Hearing. Prank Walter, P. E. present. Duplex Subdivision. The entire project will be in the neighborhood of 100 lots. Test hole findings - coarse sands to depth of 15 feet, no ground water encountered. Wastewater to be handled by on site septic systems - two systems to serve one duplex building. The Department of Health has issued a variance with respect to their requirement for sewers for this type project and concurred with this approach a year ago. Water supply will be supplied by Queensbury Water District. Sponsors of this project along with sponsors of Farone project have signed letter of intent with the Town for water district extension. Water within project will be distributed with 8" and 6" water mains. Project has been reviewed with Mr. Naylor, letter stating plans for roadway are satisfactory. Stormwater drainage - have tried to pursue discharging north to lands of City of Glens Palls watershed lands and the City seems quite set against it. City's watershed rules and regulations define protective measures to be taken within 400 feet of their reservoirs and they define their reservoirs as the body of water plus tributaries, plus any culvert or drainage ditch. There was an option pursued with retention basins and that wasn't very well received by Highway Superintendent and there were questions re: liability and ownership '- of retention system. The route they propose to pursue is going down with storm water '--- b Tuesday, August 19, 1986 Page Five "-- in these good soils - substantial rock filled leaching facilities in neighborhood of 8 to 1 0 feet deep and 30 or 40 ft. long in right-of-way between the edge of pavement and the row boundary. These have been used in the west end of Queensbury with good results. Mr. Walter has disscussed project with Mr. Morse. Mr. Roberts said he had hoped they could work something out with City. In response to question of Mrs. Mann, these are individually owned duplexes. Mr. Roberts said his big concern is storm water drainage. He is surpised that Highway Superintendent seems to be approving drywells. Mr. Roberts had thought that drywells were a last resort for handling storm water drainage and would prefer an open area for drainage with perhaps a berm. Does not like to saddle Town with drywells that must be maintained. Mr. Roberts said there seems to be some difference of opinion between the Highway Superintendent and Project Engineer. Mr. Roberts said the engineer recommends recharge basins. Lengthy discussion regarding drainage. Mrs. Mann said she thinks Project Engineer and Town Highway Superintendent should get together with Mr. Walter. Mr. Walter said recharge basin concept was discussed over a year ago and turned down by Highway Department. Mr. Serlin read previous approvals. No one spoke from public. TABLED - Public Hearing left open for further agreement on storm water management. OLD BUSINESS: Site Plan Review No. 2-86 - Dixon Heights, Phase II, 54 Townhouse Units, Dixon Road '-- Mr. Frank Walter, P. E. present. Mr. Walter briefly reiterated plans as discussed in detail prior to preliminary approval. The SPDES application was sent in some time ago but there will be some further delay before the permit is in hand. Mr. Walter has letter from Mr. Lamy (DEC) finding septic system satisfactory and they are waiting on procedural requirements. Mr. Scudder, Project Engineer, said he had no problems with application. Mr. Macri offered motion for Final approval, seconded by Mr. DeSantis. Motion carried unanimously. RESOL VED: Granted Final Approval based upon receipt of SPDES permit. NEW BUSINESS: Site Plan Review #16-86 - Adirondack Body Basics, west side Country Club Rd. Public Hearing. Mr. DeSantis excused for reason of conflict of interest. Mr. Roberts said this has been before Queensbury Zoning Board for clarification of how it should be reviewed. Zoning Board sent to Planning Board for Site Plan Review. Keith Wrigley and Gretchen Sunderland present. Intention to build fitness, physical therapy facility on Country Club Road for combined uses of both physical therapy facility and exercise studio. They will also have therapy pool, massage therapy multi-purpose room, rehabilitative machines, excercise area, showers and locker rooms. Board asked if this is to be licensed facility. Mr. Wrigley said there will be a licensed physical therapist operating out of this facility. Mrs. Mann said that ordinance says health care facilities such as hospitals and nursing homes can operate in this zone. Mrs. Mann said she does not believe this facility is a health care facility as designated in ordinance. She feels this is commercial business and does not belong in this zone. " "--..-.. b Tuesday, August 16, 1986 Page Six Ms. Sunderland said this will be basically a rehabilitative center. Mr. Roberts asked Mr. Prime for opinion. Mr. Prime said if this basically physical therapy which is health related, and they seem to be describing it this way, he thinks it fits in that zone. Mr. Serlin said the Zoning Board must have interpreted it that way in that they chose not to look at it as a variance. Dan Valenti - 60 Sweet Road - Questioned whether soil would support septic systems and parking for 30 cars. Mr. Valenti said there is a small stream that drains to Country Club Road and ultimately to Halfway Brook. Liz Valenti - 60 Sweet Road - Does not believe this qualifies as physical therapy facility. Contacted State Dept. of Education and Office of Professional Discipline. Phil Mitchell - 8 Edgewood Drive - Sounds like great place but potential is there for it to turn into something different down the road, e.g. neon signs, etc. Scott Solberg - 18 Edgewood Drive - Does not believe is falls into health care facility category. Mary Jane Solberg - 18 - Edgewood Drive - Referred to Body Basics bulletin. Instructors only have to take 9 week course. Does not believe health care facility. Health care facility idea is get well and leave, here you get well and stay. It's not the same. Ms. Sunderland said her instructors have on going training program. ",-. Mr. Dybas asked approximately how many people would they serve per day. Response was approximately 100, majority before and after work. Operating hours would be approxi- mately 9:15 to 8:15 p.m. Probably four nights a week. Pete Tarana - 27 Edgewood Drive - Likes idea - unfortunately in wrong location. Said this is very wet land, sewer will not go this far, increased traffic at Quaker and Country Club Road, would require engineering miracle. Thinks it would be great asset to Town in proper location. Pete Partridge - 55 Sweet Road - Very wet area. Asked if they would be using bike trail for their therapy. Ms. Sunderland said she does not intend to. Corrine Tarana - 27 Edgewood Drive - Not physical therapy facility. Mr. Sorlin read written interpretation from Zoning Board of Appeals. Planning Board feels interpretation is not clear. Warren County Planning Board approved without comment. TABLED for a clearer interpretation from the Zoning Board of Appeals on whether or not this is a health related facility subject to Site Plan Review. We need criteria for decision made by Zoning Board. ..-.... '--- 7 Tuesday, August 19, 1986 Page Seven '--. Site Plan Review No. 17-86 - Peter Bailey (Log Jam) east side Route 9) Ed Koncikowski, P. Bailey and J. Lord present. Proposal calls for construction of 40,000 sq. ft. of new factory outlet stores located on existing Log Jam Restaurant property. To be built in phases. Phase I to be approximately 25,000 sq. ft. They have provided parking to front and rear of complex in accordance with ordinance. Total required are 304, they have provided 309 spaces. Reasonable amount of green area along highway, traffic island planting, islands with plantings in front of building and back. Have left large area in back as buffer zone and to accommodate any surface drainage in that area. Soil conditions are very sandy. Exterior will compliment existing Log Jam. They have approval of Beautification Committee and Warren County Planning Board. Board asked them to reduce number of parking spaces. Asked to leave 100 spaces out and if they are needed in future the land is available. Board reviewed Site Plan Check List. TABLED for additional design information on sewage and drainage. Planning Board will assign engineer to Project. Mr. Roberts said he had spoken to Zoning Board Chairman and he would appreciate communication re: special sign meeting. The Planning Board agreed that ten years to conform to sign ordinance was long enough. Mr. Sorlin said that a non-conforming sign is an area type variance not a use type and therefore the only thing that should allow variance to take place is a hardship. True practical difficulties can be defined. Planning Board feels that Zoning '- Board should take rigid stand. û2L/ ~:Y- ~r Richard Roberts, Chairman /' "-