1986-11-18
~0
QUEENSBURY TOWN PLANNING BOARD
'-~
Regular Meeting held: November 18, 1986 @ 8:00 P.M.
Present:
Richard Roberts, Chairman
Hilda Mann
Frank DeSantis
Susan Levandowski
Kenneth Sorlin, Secretary
Victor Macri, Jr.
Joseph S. Dybas
Stuart F. Mesinger, Senior Town Planner
R. Case Prime, Attorney
The meeting was called to order at 8:00 P.M. by Chairman Roberts.
Corrections were made to the October 21, 1986 minutes as follows:
Page 2
second paragraph: unabtrusive misspelled
Page 3
Mrs. Mann said the facility was not a health related club. Mrs. Mann
questioned Mr. Morse as to whether daily septic flows were based on
an aerobics or health related facility.
Corrections were made to the October 27, 1986 minutes as follows:
Page 1
second paragraph: "if" should be "it"
Page 5
Frank Hardick misspelled
OLD BUSINESS
SUBDMSION NO. 13-86 Sketch Plan Approval
Herald Park
Dennis Dickinson explained that he had redesigned the project based on the
Boards input and was resubmitting it for sketch plan approval. All lots had been
made conforming as to size and moved at least 100 feet from Clendon Brook.
Drainage would be handled by underground perforated pipes leading to recharge
basins. Some overflow on the western portion of the site during large storms would
be directed to Clendon Brook.
A Homeowners Association would be responsible for the little maintenance
required.
Mr. Sorlin read a letter from the Board's consulting engineer, Nick Sciartelli
of Morse Engineering, indicating he had reviewed the concept and found it acceptable.
"---
Mr. Mesinger also endorsed the concept, saying it was preferable to piping
drainage directly into streams.
1
37
"-
Mr. Dickinson said he wanted to undertake the project in 3 phases, with all
phases approved by the end of 1987.
Mr. Mesinger explained that the purpose of phasing was to avoid platting and
thereby committing land for future phases until substantial construction had been
completed on the first phase. This prevents land from being rendered essentially
useless if and when the building boom ends. Phasing allows more flexible land uses
over a longer period of time. Sketch plan approval could be given to the whole project,
but preliminary and final approvals should proceed by phase.
The Board requested that parts 2 and 3 of the environmental assessment form
be submitted prior to preliminary approval. A meeting will be scheduled to discuss
the assessment.
Mrs. Levandowski MOVED FOR SKETCH PLAN APPROVAL of Subdivision
No. 13-86 as all requested information regarding setback from brook, lot size, drainage
and phasing have been answered. A workshop to review the E.A.F. will be planned
before the next scheduled hearing.
Ms. Mann seconded.
Passed Unanimously.
SITE PLAN NO. 21-86
Donald Sokol
Mrs. Levandowski excused herself from the discussion
Wayne Gannett of Rist Frost Associates explained that the project had previously
been tabled for solutions to ingress and egress problems. He outlined a report
presented to the Board which proposed a 50 foot planter at the Aviation Road entrance
and a smaller planter at the Dixon Road entrance to control access. Signed traffic
control would be adopted. Some parking would be lost, reducing available spaces
to 89. Delivery trucks would be able to use the back for unloading.
The Board discussed parking at length. It was determined that with the 40
ft. by 40 ft. addition, a total of 121 parking spaces would be required to meet code.
Mr. Mesinger recommended denial of the application as parking would be inadequate
and there is essentially no place left to pave without infringing on required permeable
areas.
Various Board members expressed their unhappiness that by solving the access
problems, a new problem would be created. Mr. Macri noted that the Board has
asked that traffic flow be solved but did not intend that parking spaces should be
lost. f
Mr. Mesinger pointed out that the Town Board had given the Planning Board
some latitude on the number of paved spaces required, but had directed that overflow
parking still be required in "green" parking areas.
"-
Mr. Sokol argued that he didn't need all the spaces he now had and that the
2
38
parking requirement was excessive.
"~
Board members explained that they didn't have the latitude to allow both an
expansion of the business and a reduction in the number of spaces, particularly as
the site was short some parking to begin with. The Board could not give a variance
to parking requirements.
Public Hearing Opened:
Tom Russell, Queensbury, said that he thought that more spaces would generate
more traffic and wondered why there was a requirement.
Ms. Mann explained that without adequate spaces people would park along
the road or buildings, creating a traffic hazard.
Public Hearing Closed
Ms. Mann MOVED DISAPPROVAL of Site Plan No. 21-86 based on inadequate
parking though the traffic plan would improve traffic flow, the addition would require
additional parking space which the parcel does not have adequate space to provide.
Mr. DeSantis seconded.
Passed 6 yes, 1 abstention (Levandowski).
Mr. Macri noted that a safety hazard still existed and that the Board, by denying
the application, was prevented from at least solving that problem.
SITE PLAN NO. 30-86
Walter Dombek
Attorney Bob Stewart eXplained that the application had been tabled for a
better site plan. Engineer Ray Buckley outlined the plan submitted. It was proposed
to extend the existing culvert across most of the site to prevent erosion and avoid
rip-rapping except to the south of the culvert. The existing ditch could cause
accidents. Pipping the stream would be safer. A permit for this extension had been
applied for. A drainage swale was proposed to direct runoff away from the adjacent
property to the north. Lighting would be provided by lights on 13 foot poles directed
downward. The site was fenced and would have pines planted on the north side.
Board members expressed displeasure with the lighting scheme due to the
potential brightness and glare at night.
Mr. Stewart argued that placing lights on the building would subject them
to destruction from errant truck drivers. He also said that lights on the north side
of the buildings could be shielded.
The Board disagreed, noting that to hit building mounted lights, a driver would
also have to hit the building. Mr. DeSantis also pointed out that the Board had
specifically requested building mounted lights at the last meeting.
\
'--
Mr. Stewart said that the original variance application for the site had 3 long
3
39
~
buildings running north and south and 2 smaller buildings running east to west
perpendicular to Meadowbrook. Because of the requirement that a 50 foot buffer
be maintained between commercial and residential uses, 6 smaller buildings, all
running east to west, were planned. Three had been constructed.
The Board questioned whether this wasn't a change in the variance as approved.
Mr. Prime said that unless the Zoning Board had conditioned its approval by
requiring certain building locations, only the use was approved. It was up to the
Planning Board to decide site layout.
Mr. Sorlin read the Zoning Boards decision which did not specify the number
or location of buildings.
The Board then turned to the question of the buffer zone. Mr. Roberts explained
that if buildings were placed 50 feet from the northern property line, no access
could be allowed to the north side of the buildings since roads were prohibited in
the buffer.
After further discussion the Board agreed that the site plan was still inadequate
and that a workshop should be scheduled to work out problems.
Mr. Stewart noted that significant income would be lost in the meantime.
Mr. DeSantis said that a planting plan was needed; the applicant had never
met with the Beautification Committee.
Mr. Stewart said that the applicant had also applied for a 10 foot setback
variance form the 50 foot requirement on Meadowbrook Road.
Mr. Prime recommended tabling this application until the workshop had been
held.
Mr. Macri MOVED that Site Plan No. 30-86 be tabled until a workshop could
be held with the applicant.
Mr. DeSantis seconded.
Passed Unanimously.
SITE PLAN NO. 25-86
Lake George Factory Outlet Mall.
Paul VanAmburgh of Barry, Bette and Led Duke described the proposed
refurbishment and addition of approximately 14,000 square feet of retail space to
the existing Route 9 mall. The existing boat dealer would leave and factory outlet
stores be brought in.
Mr. DeFlavio, developer, said that potential setback problems on the south
property line had been resolved by plans to buy a 30 foot strip of property. A purchase
\_ and sale agreement was submitted to the Board. Mr. Prime was asked to review
this.
4
40
',-
Mr. DeFlavio agreed to investigate creation of pedestrian access to adjacent
malls. Mr. DeFlavio also agreed to limit the road on the south property line behind
the stores to service vehicles. Two entrances to the property would be provided,
eliminating one presently existing entrance.
The Board discussed the right of way on the south property line at length.
Concern was expressed that future development of the property to the rear or sale
of the R.O.W. would create a setback problem.
Public Hearing Opened:
David Kenny, Queensbury, stated that he owned the adjacent property to the
south where his motel was located. He said that the R.O. W. was still for sale as
of the previous weekend. The new buildings would be too close to his motel; service
trucks would create noise. The project would detract from his property. His is
a preexisting use which requires privacy.
Ms. Mann noted that with the setbacks, the new buildings would be at least
60 feet from the motel. Service deliveries would be in the daytime only. The buildings
would face away from the motel, with parking at some distance. Also, a bluff on
the south line would further shield the property.
Mr. Kenny said that kids would loiter in the back of the back of the property
and that lights would effect his property.
Ms. Mann pointed out that it was dark at night. The property is zoned for
commercial uses such as this.
Mr. Kenny said that there was insufficient information on drainage. He was
still concerned with the impact on his building.
Mr. Mesinger noted that drainage concerns raised by the Boards consulting
engineer, Dick Morse, had not yet been addressed to the Boards satisfaction. Board
members also asked for additional information on lighting and signage, traffic control
and review of the R.O. W. purchase agreement. Mr. Roberts also explained the need
to meet with the Beautification Committee to satisfy their requirements.
Mr. Kenny again raised the problem of noise and the closeness of the buildings
to his property.
Mrs. Mann again pointed out that the buildings faced away from his property
and that parking would be contained in the center of the site.
Mr. Roberts said that he understood the concern over the closeness of the
buildings to the south property line and suggested that 10 feet be removed from
the rear of the new buildings.
Public Hearing Closed
",,--
Mrs. Levandowski MOVED that Site Plan No. 25-86 be tabled for further input
on the following: drainage plan, lighting plan, signage plan, traffic plan (flow control),
beautification plan and setbacks on the south side of the property.
5
4-1
Mr. Dybas seconded.
'--
Passed Unanimously.
NEW BUSINESS
SITE PLAN NO. 33-86 Conceptual Approval
Landmark Homes
Mr. Mesinger explained that a completed application had not yet been received
and that no approvals were being sought. The applicants wished to discuss their
concept for duplexes and apartments on the property on the west side of Bay Road
just north of the Town Office building.
Leon Steves explained that the developers only wanted the Boards reaction
to the proposal for 4 duplexes and approximately 98 apartments in two long, attached,
two story complexes.
Mr. Roberts felt that a more imaginative design should be used.
Ms. Mann said she didn't like the concept of putting apartments so close to
single family residences. She asked that a traffic study be conducted. She also
questioned the zoning here that allowed this use.
Board members expressed a preference for owner occupied vs. rental units.
It was also suggested that a second access onto Blind Rock Road be created.
Mr. Mesinger recommended that density be considerably scaled down, to about
one-half of that shown.
SITE PLAN NO. 34-86
iI-IB -8/.p
Stewart's Ice Cream
Herb Boynton presented this proposal for a Stewart's store and 2 additional
retail stores on Aviation Road across from Sokol's Market. He explained that several
changes had been made to the site plan because of concerns over a required buffer
zone on the east side of the property. A 50 foot buffer strip was now proposed.
The building would be turned to face west and additional parking provided by an
easement.
Mr. DeSantis read the Warren County Planning Board report which recommended
disapproval because of inadequate canopy setback, inadequate parking, congestion
from the gas pumps, too much retail space for the lot, traffic impacts and lack of
a buffer.
The Board recommended that Mr. Boynton resubmit the application since
\...- substantial changes had been made since the County referral.
6
4-~
Public Hearing Opened:
'-"
Fran Walter, Queensbury Supervisor, asked whether this was a new application.
The Board explained that because of the substantial changes unveiled that
night, it wanted the plan resubmitted.
Public Hearing Closed
Mr. Boynton agreed to withdraw and resubmit the application.
SITE PLAN NO. 35-86
Northern Homes
Gary Linindoll explained the proposal to remove an existing shed on the rear
of the store and replace it with a longer office building. The existing building is
30 feet from the property line; a 50 foot setback is required. The new building would
be at the same setback.
Mr. Mesinger said that his interpretation of the ordinance was that this only
required site plan review. The ordinance said that nonconforming structures could
be expanded by site plan review so long as no setback violation was increased. The
new structure would not encroach any further on the setback.
Mr. Prime disagreed, stating that although the buildings would remain at the
same setback, it would be expanded and therefore there would be a longer
nonconforming building which would be in violation of setbacks; that is, while the
setback would remain the same, there would be a longer building violating it.
After some discussion the Board agreed with Mr. Prime's interpretation and
instructed the applicant to seek a variance.
SITE PLAN NO. 36-86
/1-18..ð'~
Top 0' The World Sports Complex
Dennis MacElroy briefly reviewed the plans for the Top 0' The World Sports
Complex. Several minor changes to decking were noted.
Mr. Sorlin read the report of the Warren County Planning Board which approved
without comment. l
The Board went through the site plan review checklist, finding no problems.
Public Hearing Opened: no comment
Public Hearing Closed
"--
Ms. Mann MOVED APPROVAL of Site Plan No. 36-86 based on the plan
submitted and that various concerns have been addressed and the project is
aesthetically pleasing.
7
'--
"--
Jf~
Mr. Dybas seconded.
Passed Unanimously.
THE MEETING WAS ADJOURNED AT 12:30 A.M.
§¿JJ? ~
Richard Roberts, Chairman
Minutes prepared by Stuart F. Mesinger, Senior Town Planner
8