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1987-02-17 (¿§ QUEENSBURY TOWN PLANNING BOARD ',-- Regular Meeting held: February 17, 1987 at 7:30 P.M. Present: Richard Roberts, Chairman Victor Macri, Jr. Frank DeSantis Kenneth Sorlin, Secretary Susan Levandowski Joseph S. Dybas Stuart F. Mesinger, Senior Town Planner R. Case Prime, Counsel Absent: Hilda Mann The meeting was called to order at 7:35 p.m. by Chairman Roberts. Corrections to the January minutes were as follows: Phyllis Morlin should be Marvin. The January minutes were approved by consensus. QUEENSBURY ECONOMIC DEVELOPMENT COMMISSION INFORMATIONAL PRESENTATION Wilson Mathias said the recently formed Q.E.D.C. was proposing an industrial park off of Dix Avenue. Although exempt from zoning, the commission desired input from the Board. Bob White of the Q.E.D.C. outlined the plan. Water will be provided by the Town; sewer by the City. Development will occur in phases. Bob Leaver of the L.A. Partnership said the first phase would consist of 4 1~ acre lots. Industries could buy more than 1 lot. Storm water would be directed to an enlarged on-site pond in the middle of a passive park. Future phases would include 8 or more parcels. A future road could connect to Quaker Road. Borings and test pits indicated their would be no major construction problem. Construction would begin in April. Board members expressed approval of the plans and wished the Commission success. OLD BUSINESS SUBDIVISION NO. 9-86 Preliminary Approval Queensbury Forest Mr. Roberts said preliminary approval could not yet be granted because the Board hadn't done its S.E.Q.R. review. Other items could be addressed. Dick Morse presented plans for this subdivision of 80 single family and 26 duplex 1 Yo lots on the south side of Peggy Ann Road. ',-- The developers had agreed to form a water district with the adjacent subdivision. On-site septic would be used. Changes to the road layout were outlined. Drainage was to be directed to on-site retention basins. Perforated road ditch pipes would also be used. Ownership of the basins had not yet been decided on. The developers were unable to acquire land to continue a road through to Sherman. Construction would occur in 3 phases; the first would be 51 lots. Drainage facilities located in future phases would have to be constructed during Phase I. Two roads would cross Niagara Mohawk power lines to Phase III. Permission would have to be secured from Niagara Mohawk. Public Hearing Opened: An unidentified speaker asked if lots would abut the power line. Mr. Morse said they would. This would impede A.T.V. use of the power line. Public Hearing Closed. The Board agreed that Niagara Mohawk permission would have to be secured before final approval could be given to Phase III. Stormwater basin ownership and sizing needed resolution. Mr. Macri MOVED the project be TABLED. E.A.F. data is needed. The project will be in 3 phases; 1st phase to include Holden Court and Wings Falls Court. Other phases would be single family area and duplex area. Drainage plan to retention ponds from Phase I shall be completed after a stipulated time. Ownership of storm water retention ponds needs definition. Second by Mr. Dybas Passed Unanimously. SUBDIVISION NO. 11-86 Preliminary Approval Edgewater Place cJ-J7-3] David Higgs of Laskin Development said the project was previously tabled for resolution of water and sewer supply and road maintenance between the Town and City for this 47 lot subdivision straddling the corporate lines. Fifteen lots are in Queensbury. Mr. Sorlin read resolutions from the City Council and Town Board agreeing that the City would provide sewerage and winter road maintenance to town lots and that the Town would provide water and accept the roads in the town. A public hearing was previously held and S.E.Q.R. addressed. Mrs. Levandowski MOVED for PRELIMINARY APPROVAL of Subdivision No. 11-86, making note of the agreements between the City and Town. 2 01 '- Mr. DeSantis seconded. Passed UnanimouslY. ~ - /1 - 81'/ SUBDIVISION NO. 17-86 Preliminary and Final Approval Queen Victoria's Grant, Phase I. Bob Stewart eXplained the proposal for 100 clustered duplex lots south of Peggy Ann Road adjacent to the Queensbury Forest subdivision. Preliminary approval was being sought for the entire project and final approval for 46 lots in Phase I. D.E.C. has given preliminary approval to a S.P.D.E.S. permit. The Town Board has agreed to a water district extension. Letters from the above as well as the Highway Superintendent, Water Superintendent and Fire Chief were all on file. Storm water would be handled by recharge basins with capacity in excess of a 100 year return storm. Approval for overflow onto City Watershed property was being sought from the City, but was not required because of the capacity of on-site storage. Mr. Roberts said approval shouldn't be dependent on City approval because of the volume of on-site storage available. Mr. Morse noted the City Council was meeting this evening on this. Mr. Sorlin read a letter from the Boards consulting engineer, Dennis Dickinson, indicating the plans were acceptable. Mr. Roberts said the Board had reviewed E.A.F. forms in a workshop. Mr. Sorlin read the findings of the Board. Mr. Dybas MOVED the Board issue a negative declaration for S.E.Q.R. per the attached findings. Mr. DeSantis seconded. Passed Unanimously. The Negative Declaration is appended to these minutes. Public Hearing Opened: no comment Public Hearing Closed. Mr. Dybas MOVED PRELIMINARY APPROVAL of Subdivision No. 17-86 as it meets all ordinance requirements. Mr. Macri seconded. Passed Unanimously. Mrs. Levandowski MOVED FINAL APPROVAL of Phase I of Subdivision No. 17-86. 3 (of! Mr. Dybas seconded. ."'-- Passed Unanimously. NEW BUSINESS PLANNED UNIT DEVELOPMENT NO. 1-87 ;¡ -J1-Ø! Hiland Park Mr. Roberts abstained and turned the chair over to Mr. Sorlin. Mr. Sorlin said the Town recently passed a revised P.U.D. Ordinance. A Planned Unit Development is a form of rezoning. The Planning Board makes a recommendation to the Town Board. This is not a public hearing; the Town Board will hold a public hearing. The Planning Board will review detailed site plans if the P. U.D. is granted and hold hearings on each of these. Developer Gary Bowen described the 713 acre proposal. Forty-seven percent will be developed; 46% left open or semi-developed. New public roads totalled 5.8 miles; private roads 3.2 miles. There were about 190 single family, 299 multifamily and 670 retirement village dwelling units proposed. A golf course, commercial center, sports complex and technical park were also proposed. Construction would occur over 12 years in 8 major phases. There would ultimately be about 2,600 people in 1,100 dwelling units. Water and sewer usage were estimated at 400,000 gallons per day. Estimated project value was $212 million. Estimated employment was over 200 during construction and over 500 on completion. A memorandum of agreement has been signed with the Glens Falls Hospital to work on the critical care portion of the retirement community. Peter Acker of the Glens Falls Hospital said they were interested and were collecting market research data. This would take 2 months, after which a decision on participation would be reached. Gordon Blank, president of Adirondack Community College, said the College Board supported the project because of job creation and opportunities for program enhancement. Robert Werlie, president of the Adirondack Regional Chamber of Commerce, said his group supported the project because of economic development and job creation opportuni ties. Gary Bowen said the entire project was proposed to be sewered. Creation of water and sewer districts would be proposed to the Town. All other utilities could be provided by various private companies. The developers planned to prepare an environmental impact statement, although impacts were thought to be minimal. In response to various questions from the Board and staff, Mr. Bowen touched 4 h? ',- on the following items: the golf course would be constructed first. A package sewage plant would only be proposed if use of the Glens Falls plant 'was not available. A more detailed staging plan would be prepared at the Boards request. Another hospital would have to be used as a partner for the retirement village if the Glens Falls Hospital chooses not to participate. The commercial area would be developed as a single entity by the Hiland Corporation so there would be thematic unity. Access to several proposed residential expansion areas on the south side of Halfway Brook was as yet unresolved. The E.I.S. traffic study would address access onto a curve on North Sunnyside Road. Private roads in the development would be built to Town standards. The Halfway Brook corridor is proposed as a recreational area. Board members emphasized the importance of phasing as a means to ensure orderly development and successful project completion. The necessity of a detailed phasing plan was again emphasized. Mr. DeSantis MOVED that the Planning Board recommends to the Town Board that the Hiland Park P.U.D. districting be granted. The proposal meets the intent and objectives of Planned Unit Development as expressed in Section 15.011 of the Zoning Ordinance. The proposal meets all the general requirements of Section 15.020 of the Zoning Ordinance. The proposal is conceptually sound and meets a community need. There are adequate services proposed to be made available. The Board includes the following stipulations as part of its recommendation. An E.I.S. should be required to address all environmental issues such as drainage, sewage, traffic and fiscal impacts. The Town Board should be lead agency for the E.I.S. The Planning Board reserves the right to make additional comments based on the E.I.S. A more detailed staging plan should be developed. A detailed schedule of road, utility, and project element construction is needed. The project will have significant water and sewage needs. Provision of these services should be agreed upon between the Town and developer before P.U.D. districting is granted. Lastly, numerous private roads are proposed. All private roads should be required to be built to Town standards. The Town currently requires that property front on a Town road in order for a building permit to be issued; this requirement would have to be waived for private roads. Mr. Macri seconded. Passed Unanimously. SITE PLAN NO. 46-86 , L & M Investors 5 70 ',-- Jim Miller of Northfield Design presented plans for a 50,000 square foot factory outlet mall on Route 9 just south of the French Mountain Motel. The building would occupy 28% of the site. There would be 247 paved parking spaces and 28 on grass. Drainage would be directed to an on-site retention basin. Seepage pits would be used for septic waste. Town water would be used. All setback and permeability requirements would be met. A New England style of architecture would be used. Board members questioned ingress and egress, parking, snow removal, traffic circulation, truck delivery space and drainage. The consensus of the Board was the site was being over used. Mr. Sorlin read a letter from the Boards consulting engineer Nick Sciartelli of Morse Engineering indicating there are numerous engineering problems. Mr. Sorlin read the report of the Warren County Planning Board which recommended approval with the stipulation that the applicant meet with the Beautification Committee and prepare a storm water plan acceptable to the Town Engineer. Public Hearing Opened: David Kenney, Queensbury, said he was in favor of the proposal but that it must meet Town requirements. Ed Moore, developer, said the project had 2 D.O. T. approved curb cuts and more than adequate parking. Tom Warner, Queensbury, said he supported the project but thought the structures should be further back from the road and his property should be screened by a tree barrier. Traffic would not be a problem because traffic already moves very slow here in the summer. Jim Leogrande, developer, said deliveries would be by U.P.S. and would not create congestion. Buildings would be served by the front door. Mr. Roberts said there was inadequate room for maneuvering. Jim Miller said the building floor area was less than zoning allowed and that permeable area was in excess of code requirements. Mr. DeSantis said that lot configuration created problems. The solution was to reduce floor area. Mr. Dybas said there was a serious existing traffic problem. The proposal would cause cars to stack on Route 9. The Board didn't want to compound the existing bad situation. Mr. Kenney pointed out that while the square footage of the mall was less than the total allowed, the parking and permeability requirements also had to be met. An applicant couldn't expect to get the maximum lot coverage for every type of use. Public Hearing Closed. 6 7/ '- Board members agreed the site was being over used and the solution would be smaller mall. Mr. Macri MOVED that the proposal be TABLED for further review of Board and engineering comments. Mrs. Levandowski seconded. Passed Unanimously. SITE PLAN NO. 1-87 John DeMarco Mr. Mesinger briefly outlined the course of this application. Mr. DeMarco had begun construction of a 1,900 square foot single family house which would replace a 300 square foot cottage on a 1 acre parcel on Rockhurst Road. The parcel also contains a marina and a restaurant which has been used as a residence. Mr. DeMarco originally applied for a variance, which was denied. The Zoning Board later annulled the denial, but without giving proper notice. Mr. DeMarco obtained a building permit in August and had constructed about one-third of the building when a stop work order was issued. The Zoning Board then determined that Mr. DeMarco had a right to rebuild the cottage with site plan review by the Planning Board. Attorney John Richards said the house was about 50% complete and $35,000 had been invested so far. The Zoning Board said the use and structure were conforming and he believed they might not need to be in front of the Planning Board. There were 56 slips at the marina. The frame cottage would be removed. The lot had been cleared to provide parking. There would be a parking attendant and a permit system. An enclosed dumpster would be provided. Porta-johns would be used this summer; a more permanent system installed next year. The house would improve the area, create less impact on town services, improve the traffic flow and have little environmental impact. Mr. DeMarco had properly followed all procedures and wished to finish building his house. Mr. DeSantis asked if there would be signs. Mr. Richards said no. Mr. Roberts said the marina had operated in noncompliance with the law as there were no sanitary facilities. Mr. Richards said that facilities were available in the Casa Bianco Restaurant. The Board agreed that it was reviewing the entire site as a site plan, not just the new house. Parking, sanitary facilities, etc. would all be considered. Mr. Richards said there were provisions for overflow parking if needed. Mr. Sorlin read into the record letters from J. Arthur Norton, Margaret Colacino and William and Barbara Finch opposed to the project. Mr. Sorlin said he received a phone call from Frank and Helen Gallagher of Long Island opposed to the proposal. 7 '1;) Public Hearing Opened: '- Margaret Mead said she didn't live on the lake. The applicant may say he will meet the requirements but then what happens isn't the same. If you have 36 slips; there won't be 36 cars. Will people walk 12 feet to use bathrooms? It is sad what people are doing to Lake George water quality. Attorney Bob Stewart said he represented neighbors. The marina was previously represented as containing 49 slips; now it was 56. The marina can't be enlarged without a variance from the Zoning Board, which hadn't been requested. The resolution of the Zoning Board is unclear. It does not include a finding by the Board that DeMarco had refurbished a camp. A letter went to the Board after the variance was denied from Mr. Dean, without notice, saying Mr. DeMarco had a right to rebuild. The camp had not been used for a long time and certainly the 18 month period for abandonment had passed. There is no plumbing or facilities in the cabin; it had been moved 4 separate times. The Planning Board has the authority to review the rebuilding of a preexisting nonconforming camp, but this isn't what is happening. There are numerous uses on the 1 acre parcel; it is being over used. The property is low and wet. Septic disposal is impossible. There has been filling within 50 feet of a wetland. Parking in a town right of way is shown, which is unacceptable. The requirement that .7 parking spaces per per boat slip be provided doesn't take into account that more than 1 car may be used per boat. The dumpster should be screened and parking disallowed on Rockhurst. The old Casa Bianca Restaurant could be removed, but Mr. DeMarco won't agree to this. Mr. DeMarco does not own the property; what guarantees are there he can undertake any of this work? Rules have been violated and misrepresentations made. Mr. DeMarco's problem is self-created. The Zoning Board was misled. Mr. Roberts said the Zoning Board said the cottage could be rebuilt, but did not address the size question. The Board discussed pictures of the property submitted by Mr. Stewart. Attorney Wilson Mathias said he was appearing on behalf of the Town Board. The Board was concerned with both Mr. DeMarco and the neighbors. He disagreed with the Zoning Board's decision. The Board evidently determined that the 300 square foot cottage is a prior conforming use, but didn't state the legal basis of their findings. The Planning Board didn't have the right to review this. What concerned the Town Board was that a house is going on a small lot. The January 1987 Zoning Board minutes showed that Mr. DeMarco had a 49 slip marina. Tonight it is 56 slips. The site plan shows provisions for parking, trash collection and porta-johns. This is an alteration of a prior nonconforming use. The Zoning Board should address this. The Zoning Ordinance states that single family homes may be rebuilt to within ordinance setback provisions. This application turns the logic of the ordinance upside down. The legislative intent was to allow single family houses in zones where they 8 73 '-- are nonconforming, for example industrial zones, to be rebuilt. There was no reason to require a variance for such a house to be improved or upgraded. The present situation was not intended by the Town Board; a 300 square foot cabin should not be allowed to be rebuilt to a 2,400 square foot house. The ends of the ordinance are not being served by allowing this expansion. Mr. Roberts agreed, but said the Planning Board was stuck with the Zoning Boards interpretation. Mr. Mathias said the Zoning Boards interpretation was contrary to the drafters intention. Mr. Prime said the Zoning Board was saying there is a preexisting use in the cottage which should be reviewed by the Planning Board under site plan review. Because it is a site plan, all aspects of the property should be reviewed. Mr. DeSantis said he agreed with Mr. Mathias as to intent, but it is clear the ordinance doesn't limit how much a structure can be enlarged. It merely says enlargement must have site plan review. If the application were denied, it would have to be for some reason other than that the new building is larger. The issue was whether the site could support all these uses. Mr. Richards said there was no expansion of the marina; the 49 spaces were a misstatement. Mr. Richards questioned the propriety of the Town Attorney appearing and again said the proposal would improve the property. Permanent sanitary facilities would be installed next year; there wasn't enough time this year. No pump out facilities were proposed as this was dockage only. Mrs. William Hall said the restaurant has always been a residence. The restaurant has been closed for 3 years and with it the rest room facilities. Boaters use the lake and woods. The parking lot is right on the road; large cars will stick out into the road. Mr. Mathias said he was working on a local law that could prohibit the use of porta-johns for sanitary facilities. Mr. Roberts said the state may soon require pump out facilities. Mr. DeMarco said there has always been an apartment in the restaurant. The intent is to plant grass in the parking lot. Flush toilets with holding tanks are proposed. His mother, who owns the property, has given him the right to do these things. The D.E.C. allows porta-johns. Mrs. Hall said the Town has an ordinance disallowing fill within 50 feet of a wetland; the A.P.A. within 100 feet. The property was filled prior to building. Only backfilling for the house was discussed at the Zoning Board. Drainage has been allowed to go onto the road. Jim Foley, Rockhurst Road, asked whether 2 principal residences on one parcel were allowed. Mr. Prime said this issue was passed; the Planning Board had no jurisdiction. 9 Ilf '- Public Hearing Closed. The Board went through its site plan checklist and found problems with setbacks, height, drainage and grading, parking and septic disposal. The consensus of the Board was that a more detailed site plan was needed. Mrs. Levandowski MOVED that the application be TABLED for further information as contained on its checklist. Mr. Dybas seconded. Passed Unanimously. The Board agreed to hold a special meeting to review the site plan on March 5, 1987 at 7:30 p.m. SITE PLAN REVIEW NO. 3-87 cQ-J7-87 Top O'The World Dennis MacElroy of the Environmental Design Partnership presented plans for Phase II of the Top O'The World development consisting of 124 units. Changes had been made from the original plan, including redesign of roads, replacement of 30 units, and redesign of sewage disposal. The project would be constructed in 3 phases. Sewage would be disposed of via a central collection and leaching system. Storm water would be handled by retention basins. The A.P.A. will shortly meet to consider amending their permit to allow these changes. A.P.A. staff was recommending approval. Mr. Roberts said the Board wanted to have A.P.A. input before granting final approval. Public Hearing Opened: John Caffrey said he lived at Top O'The World and asked if the units would be visible from Lake George. Mr. MacElroy said they wouldn't be visible from Lake George Village. Limited "view alleys" would be cut. Mr. Caffrey asked where stormwater would go. Mr. MacElroy pointed out the retention structures. Mr. Caffrey asked whether additional building would occur after this phase. 10 75 Mr. Roberts said he didn't believe so. .,-------- Public Hearing Closed. The Warren County Planning Board approved without comment. Mr. Macri MOVED PRELIMINARY APPROVAL of Site Plan No. 3-87 based on draft A.P.A. staff recommendations. Mr. Dybas seconded. Passed Unanimously. The meeting was adjourned at 12:25 a.m. a;L/ // ~ Richard Roberts, Chairman Minutes prepared by Stuart F. Mesinger, Senior Town Planner 11 Negative Declaration ',- QUEEN VICTORIA'S GRANT SUBDIVISION The Queensbury Planning Board has reviewed the proposed 100 lot (200 dwelling units) Queen Victoria's Grant duplex subdivision for environmental impacts. The Boards findings are as follows: There will be a substantial physical change to the presently wooded project site. Construction will occur over an extended period of time. This impact will be mitigated by phasing and clustering. The Board will require that the project be constructed in 3 phases. Clustering will leave slightly over half the project site as green area. There will be a potential impact on Halfway Brook surface water quality. Stormwater will be directed to on-site recharge basins. Overflow from ~year return period storms (10 year under frozen conditions) will be directed onto Glens Falls City watershed property across Peggy Ann Road. Some deterioration of Halfway Brook surface water quality may occur. The developer will be required to secure City approval for this discharge prior to Planning Board approval. There will be an increased demand for recreation. This will be mitigated by payment of a $250 per dwelling unit recreation fee. The subdivision will also contain jogging/exercise trails and a tennis court. The project will have a potentially large impact on traffic congestion, particularly in the Dixon Road area. Traffic analysis (attached) indicates that an average of 2000 trips will be generated daily and a maximum of 4380. The peak hour trip generation is 140 trips divided between 2 road entrances. Peak hour trip generation will not be a major impact. The applicant may create future access onto Sherman Avenue. By providing 2 entrances to the subdivision and no driveway cuts on Peggy Ann Road, impacts will be reduced as much as possible. The Board is mindful that traffic congestion in the Dixon Road area is a larger problem not specific to this subdivision. The problem can be expected to worsen as development continues in this area. The Board therefore finds that although several impacts exist, each can be mitigated. Traffic impacts are the largest potential impact and are not specific to this subdivision. As development continues in this area under current zoning density, traffic will increase. The Board therefore finds that the environmental impacts will not be significant or will be mitigated to the extent possible and hereby issues a negative declaration for this project. SFM/sed Attachment 1/1.0/87 7þ ¡tJfJ f/f JÎ/17~Î